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§ 670-420. Rules for use of, and injury to, highways; penalty

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 2. State Highway Law (Refs & Annos)
Article IV. Construction, Improvement, Maintenance and Repair of State Highways (Refs & Annos)
36 P.S. § 670-420
§ 670-420. Rules for use of, and injury to, highways; penalty
Currentness
(a) The secretary is empowered to make reasonable rules and regulations governing the use of all State highways, and, by the placement of official traffic control devices, or curbs, medians or other physical barriers, may control the flow of traffic thereon.
(b) The secretary may issue permits for the opening of streets and driveways onto State highways and for the opening of the surface and occupancy of State highways on terms and conditions established in department regulations. Permits may be conditioned upon posting of bonds or other security and liability insurance. Any bonds or other security relating to highway restoration posted in connection with surface opening permits shall be based upon highway restoration costs and shall cover a period not in excess of two (2) years from the department's acknowledgment of completion of the work.
(1) The secretary may delegate permit-issuing authority to any municipality which agrees to issue permits in compliance with department regulations or municipal ordinances approved by the secretary which shall contain standards which are in every particular at least as high as those contained in the department regulations.
(2) No person, municipality or municipality authority shall open a driveway onto a State highway or open the surface of or occupy a State highway without a permit.
(c) A municipality which refuses within sixty (60) days to issue a permit requested by a person pursuant to the provisions of subsection (b) shall, within ten (10) days of receipt of a written request, provide that person with a written statement specifying the reasons for its refusal.
(d) Any person who is denied issuance of a permit under this section may appeal pursuant to the provisions of Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure), except that an appeal from the refusal by a municipality to issue a permit under subsection (c) shall be to the Commonwealth Court.
(e) Any person violating any rule or regulation promulgated under this section, or who shall, by any method or device, or in any manner, wilfully or maliciously destroy, injure, or damage any such highway in this Commonwealth, shall, upon summary conviction thereof, be sentenced to pay a fine of not less than one hundred dollars ($100.00) for each offense, together with the costs of prosecution and all necessary restoration, which shall be recovered, as in similar cases, upon complaint of any person before a magistrate or justice of the peace,1 and the fine or fines so recovered shall be paid into the Motor License Fund.

Credits

1945, June 1, P.L. 1242, art. IV, § 420. Amended 1979, Dec. 13, P.L. 531, No. 117, § 1, effective in 60 days; 1982, March 7, P.L. 147, No. 47, § 1, imd. effective; 1987, July 1, P.L. 189, No. 25, § 1, effective in 60 days.
<The State Highway Law [36 P.S. §§ 670-101 to 670-1102] is repealed insofar as inconsistent with Art. V-A of the Pennsylvania Municipalities Planning Code, relating to municipal capital improvements, pursuant to 1990, Dec. 19, P.L.1343, No. 209, § 2. See 53 P.S. § 10501-A et seq.>

Footnotes

1
Now magisterial district judges. See 2004, Nov. 30, P.L. 1618, No. 207, § 28(1).
36 P.S. § 670-420, PA ST 36 P.S. § 670-420
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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