RULES AND REGULATIONS
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CHS. 201, 203, 204, 211, 212 AND 217]
Official Traffic-Control Devices
[36 Pa.B. 537]
The Department of Transportation (Department), under the authority of 75 Pa.C.S. §§ 3353, 3354, 6103, 6105, 6121, 6122, 6123 and 6123.1, deletes Chapters 201, 203, 204, 211 and 217 and adds Chapter 212 (relating to official traffic-control devices) to read as set forth in Annex A. Included as part of the new Chapter 212, the Department adopts the National Manual on Uniform Traffic Control Devices (MUTCD) as published by the Federal Highway Administration (FHA).
Purpose of this Chapter
The purpose of Chapter 212 is to adopt the National MUTCD, to establish new regulations regarding additional study requirements, warrants, principles and guidelines not included in the MUTCD; and to establish greater uniformity for the design, location and operation of all official traffic signs, signals, markings and other traffic-control devices within this Commonwealth.
Purpose of this Final-Form Rulemaking
With the promulgation of this final-form rulemaking, the most recent edition of the National MUTCD, published by the FHA, will become the standard for traffic control in this Commonwealth. As provided in 75 Pa.C.S. §§ 6103(c) and 6121 (relating to promulgation of rules and regulations by department; and uniform system of traffic-control devices), this final-form rulemaking will also establish additional regulations regarding study requirements, warrants, principles and guidelines and insure uniformity for the design, location and operation of all official signs, signals, markings and other traffic-control devices within this Commonwealth, incorporating, revising and adding to regulations in deleted Chapters 201, 203. 204, 211 and 217.
Publication for Public Comment
The proposed rulemaking was published at 34 Pa.B. 4712 (August 28, 2004) and the public was invited to submit comments. The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and to the House and Senate Transportation Committees. Comments were received from IRRC and from the public. The Department considered the written comments in formulating this final-form rulemaking. A separate comment and response document has been prepared to address these comments and is available upon request. Several commentators expressed concern that the final-form rulemaking would require local municipalities to be responsible for the installation and maintenance of stop signs, stop ahead signs and other traffic controls on State highways where they intersect with local roads. As explained more fully in the response document, it is the intention of the final-form rulemaking to clarify local responsibility for stop signs and stop ahead signs on local road approaches where they intersect with State highways. The Department will retain responsibility for the installation and maintenance of these signs and other traffic controls on State highways, except as specifically provided for in this final-form rulemaking.
Persons and Entities Affected
This final-form rulemaking affects the Commonwealth, the Pennsylvania Turnpike Commission, local authorities, contractors, consultants, utility companies, vendors, and the motoring public.
Elimination of current Department Publications Nos. 68, 201 and 203 is projected to annually reduce publication costs by approximately $30,000. It is estimated that changes in signing requirements, particularly in work zones, will result in approximately $6.0 million savings to the regulated community and State and local governments.
Contractors and highway agencies may have some modest savings since fewer traffic-control devices will be required in some construction and maintenance projects. In addition, consultants and suppliers of traffic-control devices should be able to be more efficient due to increased uniformity from state to state.
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 12, 2003, the Department submitted a copy of the notice of proposed rulemaking, published at 34 Pa.B. 4712, to IRRC and the Chairpersons of the House and Senate Transportation Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on December 14, 2005, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on December 15, 2005, and approved the final-form rulemaking.
The Department is not establishing a sunset date for these regulations, since these regulations are needed to administer provisions required under 75 Pa.C.S. (relating to Vehicle Code). The Department, however, will continue to closely monitor these regulations for their effectiveness.
The contact person for this proposed rulemaking is Glenn C. Rowe, P. E., PTOE, Division Chief, Bureau of Highway Safety and Traffic Engineering, 400 North Street, 6th Floor, Harrisburg, PA 17120-0064, (717) 787-3620.
The Department orders that:
(a) The regulations of the Department of Transportation, 67 Pa. Code Chapters 201, 203, 204, 211, 212 and 217, are amended by deleting §§ 201.1--201.6, 201.21, 201.22, 201.31--201.33, 201.35, 201.51, 201.52, 201.52a, 201.53, 201.54, 201.61, 201.62, 201.71, 201.81--201.83, 201.91, 203.1, 203.3--203.9, 203.21--203.24, 203.41--203.44, 203.51--203.61, 203.71, 203.72, 203.81--203.87, 203.101--203.106, 203.121--203.131, Appendix A, 204.1--204.3, 204.5, 204.6, Appendix A, 211.1--211.12, 211.21--211.32, 211.41--211.43, 211.51, 211.52, 211.52a, 211.53--211.57, 211.71--211.81, 211.91--211.98, 211.111--211.133, 211.141, 211.151--211.153, 211.155--211.167, 211.181, 211.191, 211.191a, 211.192, 211.193, 211.201--211.206, 211.221--211.223, 211.231--211.245, 211.251--211.256, 211.271, 211.272, 211.274, 211.275, 211.291--211.297, 211.301--211.307, 211.322--211.329, 211.341--211.345, 211.351--211.357, 211.371, 211.372, 211.381, 211.383, 211.384, 211.391--211.395, 211.411--211.424, 211.431--211.440, 211.451, 211.451a, 211.452, 211.452a, 211.453, 211.457, 211.458, 211.471, 211.472, 211.474--211.479, 211.491--211.495, 211.511, 211.517, 211.519, 211.531, 211.534--211.538, 211.541--211.545, 211.546a, 211.547--211.555, 211.561, 211.562, 211.571, 211.581, 211.583, 211.585, 211.587, 211.589, 211.591, 211.592a--211.600, 211.602--211.605, 211.611, 211.612, 211.613a, 211.614, 211.615, 211.631--211.633, 211.641, 211.642, 211.642a, 211.642c--211.642g, 211.643--211.645, 211.645, 211.651--211.656, 211.671--211.682, 211.691, 211.692, 211.694--211.696, 211.701--211.703, 211.711, 211.721--211.725, 211.725a, 211.726--211.732, 211.741--211.744, 211.751--211.760, 211.764 211.771--211.777, 211.781--211.797, 211.811, 211.821--211.824, 211.831, 211.832, 211.841--211.843, 211.851, 211.861--211.864, 211.871--211.875, 211.881--211.883, 211.885, 211.886, 211.901, 211.902, 211.911, 211.914, 211.921, 211.923, 211.924, 211.926, 211.927, 211.941--211.947, 211.961--211.971, 211.981, 211.983, 211.991--211.1017, 211.1031--211.1042, 211.1051--211.1058, 211.1071--211.1075, 211.1081--211.1085, 211.1091--211.1095, 211.1097--211.1111, 211.1131--211.1141, 211.1151--211.1185, 211.1201, 211.1211--211.1214 and 217.1--217.4; and by adding §§ 212.1--212.12, 212.101--212.123, 212.201--212.203, 212.301--212.303, 212.401--212.419, 212.501, 212.601 and 212.701 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to legality and form, as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
ALLEN D. BIEHLER, P. E.,
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 35 Pa.B. 7072 (December 31, 2005).)
Fiscal Note: Fiscal Note 18-392 remains valid for the final adoption of the subject regulations.
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT
CHAPTER 201. (Reserved)
§§ 201.1--201.6. (Reserved).
§ 201.21. (Reserved).
§ 201.22. (Reserved).
§§ 201.31--201.33. (Reserved).
§ 201.35. (Reserved).
§ 20151. (Reserved).
§ 20152. (Reserved)
§ 201.52a. (Reserved).
§ 201.53. (Reserved).
§ 201.61. (Reserved).
§ 201.62. (Reserved).
§ 201.71. (Reserved).
§§ 201.81--201.83. (Reserved).
§ 201.91. (Reserved).
CHAPTER 203. (Reserved)
§ 203.1. (Reserved).
§§ 203.3--203.9. (Reserved).
§§ 203.21--203.24. (Reserved).
§§ 203.41--203.44. (Reserved).
§§ 203.51--203.61. (Reserved).
§ 203.71. (Reserved).
§ 203.72. (Reserved).
§§ 203.81--203.87. (Reserved).
§§ 203.101--203.106. (Reserved).
§§ 203.121--203.131. (Reserved).
Appendix A. (Reserved).
CHAPTER 204. (Reserved)
§§ 204.1--204.3. (Reserved).
§ 204.5. (Reserved).
§ 204.6. (Reserved).
Appendix A. (Reserved).
CHAPTER 211. (Reserved)
§§ 211.1--211.12. (Reserved).
§§ 211.21--211.32. (Reserved).
§§ 211.41--211.43. (Reserved).
§ 211.51. (Reserved).
§ 211.52. (Reserved).
§ 211.52a. (Reserved).
§ 211.53. (Reserved).
§§ 211.71--211.81. (Reserved).
§§ 211.91--211.98. (Reserved).
§§ 211.111--211.133. (Reserved).
§ 211.141. (Reserved).
§§ 211.151--211.153. (Reserved).
§§ 211.155--211.167. (Reserved).
§ 211.181 (Reserved).
§ 211.191a. (Reserved).
§ 211.192. (Reserved).
§ 211.193. (Reserved).
§ 211.198. (Reserved).
§§ 211.201--211.206. (Reserved).
§§ 211.221--211.223. (Reserved).
§§ 211.231--211.245. (Reserved).
§§ 211.251--211.256. (Reserved).
§ 211.271. (Reserved).
§ 211.272. (Reserved).
§ 211.274. (Reserved).
§ 211.275. (Reserved).
§§ 211.291--211.297. (Reserved).
§§ 211.301--211.307. (Reserved).
§§ 211.322--211.329. (Reserved).
§§ 211.341--211.345. (Reserved).
§§ 211.351--211.357. (Reserved).
§ 211.371. (Reserved).
§ 211.372. (Reserved).
§ 211.381. (Reserved).
§ 211.383. (Reserved).
§ 211.384. (Reserved).
§§ 211.391--211.395. (Reserved).
§§ 211.411--211.424. (Reserved).
§§ 211.431--211.440. (Reserved).
§ 211.451. (Reserved).
§ 211.451a. (Reserved).
§ 211.452. (Reserved).
§ 211.452a. (Reserved).
§ 211.457. (Reserved).
§ 211.458. (Reserved).
§ 211.471. (Reserved).
§ 211.472. (Reserved).
§§ 211.474--211.479. (Reserved).
§§ 211.491--211.495. (Reserved).
§ 211.511. (Reserved).
§ 211.517. (Reserved).
§ 211.519. (Reserved).
§ 211.531. (Reserved).
§§ 211.534--211.538. (Reserved).
§§ 211.541--211.545. (Reserved).
§ 211.546a. (Reserved).
§§ 211.547.--211.555. (Reserved)
§ 211.561. (Reserved).
§ 211.562. (Reserved).
§ 211.571. (Reserved).
§ 211.581. (Reserved).
§ 211.583. (Reserved).
§ 211.585. (Reserved).
§ 211.587. (Reserved).
§ 211.589. (Reserved).
§ 211.591. (Reserved).
§§ 211.592a--211.592c. (Reserved).
§§ 211.593--211.605. (Reserved).
§ 211.611. (Reserved).
§ 211.612. (Reserved).
§ 211.613a. (Reserved).
§ 211.614. (Reserved)
§ 211.615. (Reserved).
§§ 211.631--211.633. (Reserved).
§ 211.641. (Reserved).
§ 211.642. (Reserved)
§ 211.642a. (Reserved).
§§ 211.642c--211.642g. (Reserved).
§§ 211.643.--211.645. (Reserved)
§§ 211.651--211.656. (Reserved).
§§ 211.671--211.682. (Reserved).
§ 211.691. (Reserved).
§ 211.692. (Reserved).
§§ 211.694--211.696. (Reserved).
§§ 211.701--211.703. (Reserved).
§ 211.711. (Reserved).
§§ 211.721--211.725. (Reserved).
§ 211.725a. (Reserved)
§§ 211.726.--211.732. (Reserved)
§§ 211.741--211.744. (Reserved).
§§ 211.751--211.760. (Reserved).
§§ 211.771--211.777. (Reserved).
§§ 211.781--211.797. (Reserved).
§ 211.811. (Reserved).
§§ 211.821--211.824. (Reserved).
§ 211.831. (Reserved).
§ 211.832. (Reserved).
§§ 211.841--211.843. (Reserved).
§ 211.851. (Reserved).
§§ 211.861--211.864. (Reserved).
§§ 211.871--211.875. (Reserved).
§§ 211.881--211.883. (Reserved).
§ 211.885. (Reserved).
§ 211.886. (Reserved).
§ 211.901. (Reserved).
§ 211.902. (Reserved).
§ 211.911. (Reserved).
§ 211.914. (Reserved).
§ 211.921. (Reserved).
§ 211.923. (Reserved).
§ 211.924. (Reserved).
§ 211.926. (Reserved).
§ 211.927. (Reserved).
§§ 211.941--211.947. (Reserved).
§§ 211.961--211.971. (Reserved).
§ 211.981. (Reserved).
§ 211.983. (Reserved).
§§ 211.991--211.1017. (Reserved).
§§ 211.1031--211.1042. (Reserved).
§§ 211.1051--211.1058. (Reserved).
§§ 211.1071--211.1075. (Reserved).
§§ 211.1081--211.1085. (Reserved).
§§ 211.1091--211.1095. (Reserved).
§§ 211.1097--211.1111. (Reserved).
§§ 211.1131--211.1141. (Reserved).
§§ 211.1151--211.1185. (Reserved).
§ 211.1201. (Reserved).
§§ 211.1211--211.1214. (Reserved).
CHAPTER 212. OFFICIAL TRAFFIC-CONTROL DEVICES
A. GENERAL PROVISIONS B. SIGNS C. MARKINGS D. HIGHWAY TRAFFIC SIGNALS E. TEMPORARY TRAFFIC CONTROL F. TRAFFIC CONTROLS FOR SCHOOL AREAS G. TRAFFIC CONTROLS FOR BICYCLE FACILITIES H. SPECIAL EVENTS
Subchapter A. GENERAL PROVISIONS
212.1. Definitions. 212.2. Adoption of Federal standards. 212.3. Pennsylvania's Supplement to the MUTCD. 212.4. Application. 212.5. Installation and maintenance responsibilities. 212.6. Removal of traffic hazards. 212.7. Signs and banners across or within the legal limits of a State-designated highway. 212.8. Use, test, approval and sale of traffic-control devices. 212.9. Traffic calming. 212.10. Requests for changes, interpretations or permission to experiment. 212.11. Metric measurements. 212.12. Department publications.
§ 212.1. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
ADT--Average daily traffic--The total volume of traffic during a number of whole days--more than 1 day and less than 1 year--divided by the number of days in that period.
Active work zone--The portion of a work zone where construction, maintenance or utility workers are on the roadway or on the shoulder of the highway, and workers are adjacent to an active travel lane. Workers are not considered adjacent to an open travel lane if they are protected by a traffic barrier and no ingress or egress to the work zone exists through an opening in the traffic barrier.
Advisory speed--The recommended speed for vehicles operating on a section of highway based on the highway design, operating characteristics and conditions. When posted, the speed is displayed as a warning sign; that is, either a black-on-yellow or a black-on-orange sign.
Angle parking--Parking, other than parallel parking, which is designed and designated so that the longitudinal axis of the vehicle is not parallel with the edge of the roadway.
(i) An organized gathering of people without vehicles, or with vehicles that are stationary, which encroaches onto a street or highway and interferes with the movement of pedestrian or vehicular traffic.
(ii) The term includes street fairs, block parties and other recreational events.
Bureau--The Bureau of Highway Safety and Traffic Engineering, which is the office of the Department responsible for traffic regulations and statewide policies regarding traffic-control devices.
City of the first and second class--A city so classified in accordance with section 1 the act of June 25, 1895 (P. L. 275, No. 188) (53 P. S. § 101), known as the City Classification Law.
Conventional highway--A highway other than an expressway or a freeway.
Corner sight distance--
(i) Available corner sight distance--The maximum measured distance along a crossing highway which a driver stopped at a side road or driveway along that highway can continuously see another vehicle approaching. For the purpose of measuring the available sight distance, the height of both the driver's eye and the approaching vehicle should be assumed to be 3.5 feet above the road surface. In addition, the driver's eye should be assumed to be 10 feet back from the near edge of the highway or the near edge of the closest travel lane if parking is permitted along the highway.
(ii) Minimum corner sight distance--The minimum required corner sight distance based on engineering and traffic studies, to ensure the safe operation of an intersection. The minimum value is a function of the speed of the approaching vehicles and the prevailing geometrics.
(i) A collision involving one or more vehicles.
(ii) Unless the context clearly indicates otherwise, the term only includes those collisions that require a police report; that is, the collision involves one of the following:
(A) Injury to or death of any person.
(B) Damage to any vehicle involved to the extent that it cannot be driven under its own power in its customary manner without further damage or hazard to the vehicle, to other traffic elements, or to the roadway, and therefore requires towing.
Department--The Department of Transportation of the Commonwealth.
Delineator--A retroreflective device mounted on the road surface or at the side of the roadway in a series to indicate the alignment of the roadway, especially at night or in adverse weather.
Divided highway--A highway divided into two or more roadways and so constructed as to impede vehicular traffic between the roadways by providing an intervening space, physical barrier or clearly indicated dividing section.
85th percentile speed--The speed on a roadway at or below which 85% of the motor vehicles travel.
Engineering and traffic study--An orderly examination or analysis of physical features and traffic conditions on or along a highway, conducted in accordance with this chapter for the purpose of ascertaining the need or lack of need of specific traffic restrictions, and the application of traffic-control devices.
Expressway--A divided arterial highway for through traffic with partial control of access and generally with grade separations at major intersections.
Freeway--A limited access highway to which the only means of ingress and egress is by interchange ramps.
Grade--The up or down slope in the longitudinal direction of the highway, expressed in percent, which is the number of units of change in elevation per 100 units of horizontal distance. An upward slope is a positive grade; a downward slope is a negative grade.
(i) The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
(ii) The term includes a roadway open to the use of the public for vehicular travel on grounds of a college or university, or public or private school, or public or historical park.
(i) County, municipal and other local boards or bodies having authority to enact regulations relating to traffic.
(ii) The term includes airport authorities except when those authorities are within counties of the first class or counties of the second class.
(iii) The term also includes State agencies, boards and commissions other than the Department, and governing bodies of colleges, universities, public and private schools, public and historical parks.
MUTCD--The current edition of the Manual on Uniform Traffic Control Devices, as adopted by the Federal Highway Administration (FHWA), and available on the FHWA website.
Narrow bridge or underpass--A bridge, culvert or underpass with a two-way roadway clearance width of 16 to 18 feet, or any bridge, culvert or underpass having a roadway clearance less than the width of the approach travel lanes.
Night or nighttime--The time from 1/2 hour after sunset to 1/2 hour before sunrise.
Normal speed limit--The regulatory speed limit or the 85th percentile speed that existed before temporary traffic control was established, for example, prior to the beginning of a work zone.
Numbered traffic route--A highway that has been assigned an Interstate, United States or Pennsylvania route number, consisting of one, two, or three digits, sometimes with an additional designation such as business route, truck route or other similar designation.
Private parking lot--A privately owned parking lot open to the public for parking with or without restriction or charge.
(i) An organized group of individuals, or individuals with vehicles, animals or objects, moving along a highway on the roadway, berm or shoulder in a manner that interferes with the normal movement of traffic.
(ii) The term includes walks, runs, parades and marches.
(1) Material which allows a large portion of the light coming from a point source to be returned directly back to a location near its origin, and is used to enhance the nighttime reflectivity of traffic control signs, delineators, barricades and other devices.
(ii) The term includes materials with nonexposed glass bead lens and microprismatic retroreflective sheeting.
Roadway--That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder. If a highway includes two or more separate roadways, the term refers to each roadway separately but not to all roadways collectively.
Safe-running speed--The average speed for a portion of highway determined by making a minimum of five test runs while periodically recording the speed at different locations while driving at a speed which is reasonable and prudent, giving consideration to the available corner and stopping sight distance, spacing of intersections, roadside development and other conditions.
Sales Store--The Department facility that sells maps and publications.
School--A public, private or parochial facility for the education of students in grades kindergarten through 12.
School zone--A portion of a highway that at least partially abuts a school property or extends beyond the school property line that is used by students to walk to or from school or to or from a school bus pick-up or drop-off location at a school.
Secretary--The Secretary of the Department.
(i) An organized vehicle race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or any other type of event conducted for the purpose of making a speed record.
(ii) The term includes those races defined in 75 Pa.C.S. § 3367 (relating to racing on highways).
State-designated highway--A highway or bridge on the system of highways and bridges over which the Department has assumed or has been legislatively given jurisdiction.
Stopping sight distance--The length of highway over which a 2-foot high object on the roadway is continuously visible to the driver, with the driver's eye height assumed to be 3.5 feet above the road surface.
TTC--Temporary traffic control--An area of a highway where road user conditions are changed because of a work zone or incident by use of temporary traffic-control devices, flaggers, police officers or other authorized personnel.
TTC plan--A plan for maintaining traffic through or around a work zone.
(i) A highway or portion of a highway on which vehicular traffic is given preferential right-of-way, and at the entrances to which vehicular traffic from intersecting highways is required by law to yield the right-of-way in obedience to a Stop Sign (R1-1), Yield Sign (R1-2) or other traffic-control device when the signs or devices are erected as provided in this chapter.
(ii) The term includes all expressways and freeways.
Traffic calming--The combination of primarily physical measures taken to reduce the negative effects of motor vehicle use, alter driver behavior and improve conditions for nonmotorized street users. The primary objectives of traffic calming measures are to reduce speeding and to reduce the volume of cut-through traffic on neighborhood streets.
Traffic-control devices--Signs, signals, markings and devices consistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
Traffic restriction--A restriction designated by a traffic-control device to regulate the speed, direction, movement, placement or kind of traffic using any highway.
(i) A power-operated traffic-control device other than a sign, warning light, flashing arrow panel or steady-burn electric lamp.
(ii) The term includes traffic-control signals, pedestrian signals, beacons, in-roadway warning lights, lane-use-control signals, movable bridge signals, emergency traffic signals, firehouse warning devices, ramp and highway metering signals and weigh station signals.
(i) A lane of a highway which is used for travel by vehicles.
(ii) A lane in which parking is permitted during off-peak hours but is restricted for use as a travel lane during peak hours to obtain greater traffic movement.
Warrant--A description of the threshold conditions to be used in evaluating the potential safety and operational benefits of traffic-control devices based upon average or normal conditions.
Work zone--The area of a highway where construction, maintenance or utility work activities are being conducted, and in which traffic-control devices are required in accordance with this chapter.
§ 212.2. Adoption of Federal standards.
(a) General provisions. Consistent with the authority contained in 75 Pa.C.S. §§ 6103(c) and 6121 (relating to promulgation of rules and regulations by the Department; and uniform system of traffic-control devices), the Department hereby adopts the MUTCD, as published by the Federal Highway Administration. The MUTCD is adopted in its totality except where this chapter clearly indicates that it is not being adopted, or that additional warrants or criteria are being provided.
(b) Modification of Federal statutes, regulations or provisions. As provided in 75 Pa.C.S. § 6103(d), if the MUTCD is amended or modified by the Federal Highway Administration, the amendment will take effect on the effective date specified by the Federal Highway Administration unless the Department publishes a notice in the Pennsylvania Bulletin stating that the amendment or modification will not apply.
§ 212.3. Pennsylvania's Supplement to the MUTCD.
The Department will publish this chapter as a supplement to the MUTCD. This publication will be called Official Traffic Control Devices (Department Publication 212), and will include an appendix with additional guidance information, including the following:
(1) How to determine various elements associated with engineering and traffic studies.
(2) How to obtain crash rates for various types of roads.
(3) How to measure the various types of sight distance.
(4) Where National study data is located.
§ 212.4. Application.
(a) General. This chapter applies to the approval, location, installation, revision, operation, maintenance and removal of all traffic signs, signals, markings and other traffic-control devices on all streets and highways in this Commonwealth. All signs, signals, markings and other traffic-control devices erected shall conform to this chapter. Traffic restrictions, which were posted or erected prior to February 4, 2006, in accordance with any regulations in effect at that time, are not subject to this chapter.
(b) New restrictions. Except as noted in §§ 212.109 and 212.117 (relating to bridge speed limits; and weight, size and load restrictions), engineering and traffic studies can be performed by police officers, roadmasters, maintenance supervisors or traffic technicians. The establishment or revision of a traffic restriction may be warranted if one of the following applies:
(1) One or more of the engineering and traffic study warrants covered in this chapter justifies the traffic restriction.
(2) Sound engineering judgment based upon a combination of all data sources substantiates the need for the restriction.
(c) Removal of an existing restriction. The removal of an existing traffic restriction may be warranted if one of the following applies:
(1) A study indicates that none of the engineering and traffic study warrants covered in this chapter justify the existing traffic restriction.
(2) The condition that originally justified the restriction no longer exists.
(d) Warrants no substitute for engineering judgment. Warrants established under this chapter provide the threshold for consideration of the installation of a traffic-control device, but are not a substitute for engineering judgment. The fact that a warrant for a particular traffic-control device is met is not conclusive justification for the installation of the device.
(e) Traffic-control during emergencies. During National, State or local emergencies including floods, fires, hurricanes, tornadoes, earthquakes, terrorist events, sink holes and bridge collapses, the Department on State-designated highways and local authorities on highways under their jurisdiction may suspend existing restrictions or effect temporary restrictions without an engineering and traffic study as provided in 75 Pa.C.S. §§ 6108 and 6109(a)(20) (relating to power of Governor during emergency; and specific powers of department and local authorities). These temporary restrictions expire at the end of the emergency.
(f) Highway construction projects. The standards in this chapter apply to all highway construction projects that do not have design field view approval before January 1, 2006, and all highway construction projects that have plans, specifications and estimate (PS&E) packages submitted to the Department's Bureau of Design on or after July 1, 2006. Highway construction projects that have design field view approval before January 1, 2006, and PS&E packages submitted to the Department's Bureau of Design before July 1, 2006, must comply with the standards applicable at the time of design. Those standards may be found in Department Publications 68, Official Traffic Control Devices, 1975 Edition, 201M, Engineering and Traffic Studies, dated December 1993, and 203M, Work Zone Traffic Control, dated September 24, 2002.
(g) Highway occupancy permits and utility work.
(1) The standards in this chapter are applicable to all utility work and work performed under a highway occupancy permit, except that work performed under a highway occupancy permit or utility work requiring a permit, with the permit issued before January 1, 2006, must comply with the standards applicable at the time the permit was issued. Those standards may be found in Department Publications 68, Official Traffic Control Devices, 1975 Edition, 201M, Engineering and Traffic Studies, dated December 1993, and 203M, Work Zone Traffic Control, dated September 24, 2002.
(2) The standards in this chapter apply to all utility work performed on or after January 1, 2006, using an emergency permit card under § 459.6 (relating to emergency work).
§ 212.5. Installation and maintenance responsibilities.
(a) Authority to erect traffic-control devices. The delegation of responsibilities for the installation and maintenance of traffic-control devices is in accordance with 75 Pa.C.S. §§ 6122 and 6124 (relating to authority to erect traffic-control devices; and erection of traffic-control devices at intersections).
(b) Traffic-control devices on State-designated highways.
(1) Conventional highways.
(i) Local authorities may not revise or remove any traffic-control device installed by the Department or by a contractor for the Department without written approval of the Department.
(ii) Cities of the first and second class are responsible for the installation, revision, removal, maintenance and operation of all traffic-control devices on the highways within their city boundaries. Department approval is not required, except as follows:
(A) As may be required in an agreement between the city and the Department.
(B) Department approval is required for traffic signals if the city does not have municipal traffic engineering certification in accordance with Chapter 205 (relating to municipal traffic engineering certification).
(iii) Local authorities other than cities of the first and second class shall obtain written Department approval before installing any new, or revising or removing any existing traffic-control device unless noted otherwise in this chapter or as provided in an agreement with the Department.
(iv) Local authorities may install, revise or remove the following devices, and Department approval is not required:
(A) Stopping, standing or parking signs (R7 and R8 Series).
(B) Street name signs (D3 Series).
(C) Crosswalk markings.
(D) Parking stall markings, except written Department approval is required prior to creating new angle parking.
(E) Curb markings.
(F) Parking meters.
(v) Local authorities, or other agencies as indicated, are responsible for installing, maintaining and operating the following traffic-control devices, subject to Department approval prior to any change in the traffic restriction:
(A) Traffic signals, and all associated signs and markings included on the Department-approved traffic signal plan.
(B) Speed Limit Signs (R2-1) for speed limits of 35 miles per hour or less. The Department will be responsible for all hazardous grade speed limits and bridge speed limits, and for all speed limits at Department rest areas, welcome centers and weigh stations.
(C) Stop lines and yield lines at intersections.
(D) Pedestrian group signs (R9 Series).
(E) Traffic signal group signs (R10 Series).
(F) Street Closed (____) to (____) Sign (R11-10).
(G) Snowmobile Road (____) Closed to All Other Vehicles Sign (R11-11).
(H) All Trucks Must Enter Weigh Station Sign (R13-1-1) and Weigh Station signs (D8 Series) for weigh stations not owned or operated by the Department.
(I) Railroad Crossbuck Sign (R15-1), Track Sign (R15-2), Emergency Notification Sign (I-13a), and other signs, gates, or lights that are within the railroad company's right-of-way, shall be installed by the railroad company.
(J) Signal Ahead Sign (W3-3).
(K) Entrance and crossing signs (W11 Series), which warn of possible crossings by pedestrians, hikers, cattle, farm equipment, ATVs, fire apparatus, and so forth, except the Deer Crossing Sign (W11-3), Elk Crossing Sign (W11-3A), Horsedrawn Vehicle Sign (W11-11), Left Turns and Cross Traffic Sign (W11-21), Left Turns Sign (W11-21-1) and Watch for Turns Sign (W11-21-2) will be the responsibility of the Department.
(L) Children group signs (W15 Series).
(M) Parking Area Sign (D4-1).
(N) Telephone directional signs (D9-1 series), which shall be installed by the telephone company.
(O) Bicycle Route Sign (D11-1).
(P) Traffic Signal Speed Sign (I1-1).
(Q) Trail group signs (I4 Series).
(R) Snowmobile and all terrain vehicles group signs (I12 Series).
(S) School zone speed limits, and all school signs (S Series).
(T) Pavement markings for mid-block crosswalks.
(U) Pavement markings for bicycles such as the bicycle lane symbol.
(2) Expressways and freeways. Local authorities may not install, revise or remove traffic-control devices on an expressway or freeway or at an intersection with an expressway or freeway without written Department approval, unless noted otherwise in this chapter.
(c) Traffic-control devices on local highways. As provided in 75 Pa.C.S. § 6122, local authorities are responsible for the installation, revision, maintenance, operation and removal of any traffic-control device on highways under their jurisdictions, except local authorities shall obtain written Department approval for the following two items:
(1) Installing, revising or removing any school zone speed limit or traffic signal as indicated in 75 Pa.C.S. § 3365(b) (relating to special speed limitations) and § 6122(a)(2), respectively, except Department approval is not required for cities of the first and second class, and other local authorities that have municipal traffic engineering certification in accordance with Chapter 205.
(2) Revising or removing a traffic-control device installed in accordance with an agreement between the local authorities and the Department.
(d) Traffic-control devices on local highway approaches to intersections with State-designated highways.
(1) The Department is responsible for approving the traffic control at intersections of local highways and State-designated highways, including the local highway approaches.
(2) At new intersections, the permittee is responsible for installing traffic-control devices on local highway approaches as required by an approved highway occupancy permit issued in accordance with Chapter 441 (relating to access to and occupancy of highways by driveways and local roads).
(3) At existing intersections, local authorities or permittees are responsible to install, remove and maintain traffic-control devices as required to control traffic on the local highway approaches, including replacement or repair of missing, damaged, blocked or outdated devices in need of upgrade.
(i) Traffic-control devices to be maintained on local roadways include the following, as applicable:
(A) Stop Signs (R1-1) and Yield Signs (R1-2).
(B) Stop lines and yield lines.
(C) No Right Turn Signs (R3-1), No Left Turn Signs (R3-2), No Turns Signs (R3-3), Left Turn Signs (R3-5), Left Lane Must Turn Left Signs (R3-7L), One-Way Signs (R6 Series) and other similar type traffic restriction, prohibitions or lane control signs.
(ii) Local authorities or permittees shall obtain written Department approval before implementing any revised traffic-control scheme at the intersection.
(4) The Department may take appropriate action if it deems it necessary to carry out the maintenance responsibility of a local authority or permittee because of failure or inability to act in a timely manner.
(5) Local authorities are responsible to determine the need for any Stop Ahead Signs (W3-1) and Yield Ahead Signs (W3-2) on local highway approaches to State-designated highways, and for installing and maintaining any warranted signs.
(e) Police authority. Police officers may install temporary traffic-control devices on any highway without approval from the Department or the local authorities. These traffic-control devices may be used to close highways during emergencies, to weigh or inspect vehicles, to establish sobriety checkpoints or to conduct other enforcement programs or activities.
§ 212.6. Removal of traffic hazards.
(a) Interfering signs, lights or markings. The Secretary and local authorities, under their respective jurisdictions, have the authority to cause the removal of all colored or flashing lighted signs or other lights, signs or markings so located as to interfere with traffic or to be confused with or to obstruct the view or effectiveness of traffic-control devices.
(b) Trees, plants, shrubs or other obstructions. The Department on State-designated highways, and local authorities on any highway within their boundaries, may require a property owner to remove or trim a tree, plant, shrub or other obstruction or part thereof which constitutes a traffic hazard. The following are examples of traffic hazards:
(1) The obstruction restricts the stopping sight distance for drivers of through vehicles or the available corner sight distance for drivers entering from side roads or driveways to distances less than the appropriate minimum stopping sight distance or minimum corner sight distance values.
(2) The obstruction critically restricts the sight distance to a traffic-control device.
(3) Vehicle crash records indicate that a crash has involved the obstruction or that the obstruction contributed to one or more of the vehicle crashes.
§ 212.7. Signs and banners across or within the legal limits of a State-designated highway.
(a) Prohibition. It is unlawful to place any sign, marking or banner containing advertising matter of any kind on, across or within the right-of-way of any State-designated highway without the written consent of the Department.
(b) Abatement. A sign, marking or banner containing advertising matter placed without the written consent of the Department will be declared to be a public nuisance and may be removed by the Department with or without notice to the persons responsible for the placing of the sign, marking or banner containing advertising matter.
§ 212.8. Use, test, approval and sale of traffic-control devices.
(a) Statutory requirements. Under 75 Pa.C.S. § 6127 (relating to dealing in nonconforming traffic-control devices), it is unlawful for a person to manufacture, sell, offer for sale or lease for use on the highway, any traffic-control device unless it has been approved and is in accordance with this title.
(b) Devices requiring Department approval. Department approval is required prior to the sale or use of the following types of traffic-control devices on any highway:
(1) Delineation devices, including flexible delineator posts, guide rail and barrier-mounted delineators and raised pavement markers.
(2) Pavement marking materials including paint, epoxy, polyesters, methyl methacrylate, thermoplastic, preformed tapes and glass beads.
(3) Retroreflective sheeting materials used for traffic-control devices.
(4) Traffic signal equipment, including the following:
(i) Controller units.
(ii) Signal heads--lane-use traffic-control, pedestrian, and vehicle.
(iii) Detectors--pedestrian and vehicle.
(iv) Load switches.
(v) Flasher units.
(vi) Time clocks.
(viii) Preemption and priority control equipment.
(ix) Electrically-powered signs--variable speed limit signs, blank-out signs and internally illuminated signs, including School Speed Limit Signs.
(x) Portable traffic-control signals.
(xi) Local intersection coordinating units.
(xii) Dimming devices.
(xiii) In-roadway warning lights.
(xiv) Auxiliary devices and systems.
(5) Traffic signs and the associated breakaway sign supports.
(6) Work zone traffic-control devices, including the following:
(i) Arrow panels.
(iii) Citizen band traffic alert radios.
(v) Crash cushions.
(vii) Portable changeable message signs.
(viii) Portable traffic sign supports.
(ix) Speed display signs, as used to inform motorists of the speed of their vehicles.
(x) Stop/slow paddles.
(xi) Temporary pavement marking tapes.
(xii) Temporary traffic barrier.
(xiii) Tubular markers.
(xiv) Variable speed limit signs.
(xv) Vertical panels.
(xvi) Warning lights.
(7) Yield to pedestrian channelizing devices, which are designed for placement between lanes of traffic to remind motorists to yield to pedestrians in crosswalks.
(c) Approval procedure. A manufacturer or person desiring approval for the sale, use or lease of one or more of the devices listed in subsection (b) shall contact the Bureau of Highway Safety and Traffic Engineering.
(d) Listing of approved traffic-control devices. Approved traffic-control devices will be listed in the Department's Approved Construction Materials (Department Publication 35), available from the Department's Sales Store or through the Department's website.
§ 212.9. Traffic calming.
(a) General policy. The Department on State-designated highways, and local authorities on any highway within their boundaries, may implement traffic calming measures in conformance with Pennsylvania's Traffic Calming Handbook (Department Publication 383).
(b) Department approval. Local authorities shall obtain approval of the Department prior to implementing a traffic calming measure on a State-designated highway, except when the Department's handbook provides otherwise or when the Department has entered into an agreement with local authorities that provides otherwise.
§ 212.10. Requests for changes, interpretations or permission to experiment.
A local authority may submit a request to the Department for a change or an interpretation of the provisions of this chapter, or for approval to use an alternate device or to experiment with a device in a way not provided for in this chapter.
(1) The request must be submitted in writing to the Bureau of Highway Safety and Traffic Engineering.
(2) The request must include information in accordance with Section 1A.10 of the MUTCD (relating to interpretations, experimentation, changes and interim approvals). If appropriate, the Department will forward the request to the Federal Highway Administration according to procedures in Section 1A.10 of the MUTCD.
(3) The type of information to be compiled during any experiment must be identified in the request, and the collection of any data and the development of any follow-up report will be a conditional part of the request.
§ 212.11. Metric measurements.
(a) General policy. The following conversion factors may be used for the design and placement of traffic-control devices as included in this chapter:
(1) One inch equals 25 millimeters.
(2) One foot equals 0.30 meter.
(3) One mile equals 1.6 kilometers.
(b) Metric sign messages. Unless authorized in writing by the Secretary, sign messages on regulatory, warning and guide signs, except for auxiliary signs used for educational purposes, may not display metric units of measurement.
§ 212.12. Department publications.
The Department will publish or make available documents to assist those persons responsible for conducting engineering and traffic studies; manufacturing traffic signs and other traffic-control devices; erecting, maintaining and operating traffic-control devices; and maintaining traffic in work zones. The following documents will be available from the Department's Sales Store:
(1) Approved Construction Materials (Department Publication 35) which contains listings of approved suppliers of specific materials.
(2) Official Traffic-Control Devices (Department Publication 212) which contains this chapter, and an appendix containing additional guidance related to elements of appropriate engineering and traffic studies and the provisions of this chapter.
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