Home Table of Contents

§ 105. Obligations not placed upon Commonwealth

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 36 P.S. Highways and Bridges

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 36 P.S. Highways and Bridges
Chapter 1. State Highway System Generally (Refs & Annos)
Construction and Maintenance of Roads (Refs & Annos)
City State Highway Law
36 P.S. § 105
§ 105. Obligations not placed upon Commonwealth
This act is not intended, and shall not be construed,
(a) To place upon the Commonwealth any duty to regulate traffic or police the streets herein taken over by the Commonwealth, but such duty shall be and remain the obligation of the cities;
(b) To place upon the Commonwealth any obligation for the maintenance, construction, reconstruction or resurfacing of said streets other than the base or surface courses;
(c) To place upon the Commonwealth, through the Department of Highways any obligation to maintain, construct or reconstruct any structure, bridge or viaduct of any kind or character whatsoever situate upon or forming part of any city street, or section thereof, described in section two of this act,1 in any city of the second class, except that the Secretary of Highways may assume in such cities the obligation to maintain, construct or reconstruct drainage structures with a total spanned length not exceeding ten feet, measured along the center line of the street, other than storm or sanitary sewers, and which were the sole obligation of the city prior to the passage of this act. Responsibility for the construction, reconstruction and maintenance of any other structures shall, in cities of the second class, remain with the city, person, association, or corporation responsible therefor at the date of the approval of this act. But all bridges and viaducts on such State highways in cities of the second class A and third class, which are being maintained by the city or county, shall be taken over by the Department of Highways upon the effective date of this amendment, and shall, thereafter, be constructed, reconstructed, repaired and maintained at the sole expense of the Commonwealth;
(d) To authorize any assessment to be made against the Commonwealth by reason of or to assist in the elimination of any grade crossing on any street described and designated in section two of this act, and no such assessment shall hereafter be made under any act of Assembly heretofore enacted;
(e) To place upon the Commonwealth any obligation under any franchise or franchises heretofore or hereafter granted by the city to any public utility company, nor to transfer to the Commonwealth from the city any rights under any such franchise or franchises heretofore granted;
(f) To place upon the Department of Highways any authority to regulate traffic, parking, or the general use by the traveling public of the streets, or sections thereof, taken over by the Commonwealth for maintenance or improvement under the provisions of this act: Provided, however, That the Department of Highways shall be, and is hereby, authorized to close to traffic all of the streets, or sections thereof, described in section two of this act, during such time as improvements are being made thereon, and in such case, the city shall establish and maintain a suitable detour in accordance with the provisions of section ten of this act.2

Credits

1931, June 22, P.L. 720, No. 262, § 4; 1945, May 23, P.L. 867, No. 355, § 1.

Footnotes

36 P.S. § 103.
36 P.S. § 111 (repealed); see now, 36 P.S. § 670-526.
36 P.S. § 105, PA ST 36 P.S. § 105
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document