Bill Text: PA HB489 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for powers of local authorities to establish maximum speed limits on roadways and State-designated highways within their physical boundaries.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2011-02-04 - Referred to TRANSPORTATION [HB489 Detail]

Download: Pennsylvania-2011-HB489-Introduced.html

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PRINTER'S NO. 444
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 489 Session of2011
INTRODUCED BY M. SMITH AND BRENNAN, FEBRUARY 4, 2011
REFERRED TO COMMITTEE ON TRANSPORTATION, FEBRUARY 4, 2011
AN ACT
Providing for powers of local authorities to establish maximum
speed limits on roadways and State-designated highways within
their physical boundaries.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Local Speed
Limit Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Department." The Department of Transportation of the
Commonwealth.
"Freeway." A limited access highway to which the only means
of ingress and egress is by interchange ramps.
"Interstate highway." A freeway on the Dwight D. Eisenhower
System of Interstate and Defense Highways.
"Limited access highway." A highway in respect to which
owners or occupants of abutting lands and other persons have no
legal right of access except at points and in the manner
determined by the authority having jurisdiction over the
highway.
"Local authorities." County, municipal and other local
boards or bodies having authority to enact laws relating to
traffic. The term also includes airport authorities, except
where those authorities are located within counties of the first
class or counties of the second class.
"Roadway." That portion of a highway improved, designed or
ordinarily used for vehicular travel, exclusive of the sidewalk,
berm or shoulder even though such sidewalk, berm or shoulder is
used by pedalcycles. If a highway includes two or more separate
roadways the term shall refer to each roadway separately but not
to all such roadways collectively.
"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.
Section 3. Power of local authorities.
(a) Action by local authorities.--Action taken by local
authorities under this act shall be:
(1) by ordinance of the local governing body; or
(2) by a commission or public official authorized by the
local governing body to act on specified matters.
(b) Powers.--
(1) Except as provided under paragraph (2),
notwithstanding any other provision of law, a local authority
may take action to alter or set maximum speed limits on
roadways or State-designated highways within their physical
boundaries without prior approval or authority from the
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department.
(2) A local authority may not take action to alter or
set maximum speed limits in excess of 75 Pa.C.S. § 3362(a)
(relating to maximum speed limits).
(c) Engineering and traffic investigation.--Action by local
authorities under this act shall not require an engineering and
traffic investigation to establish a speed limit under this act.
Section 4. Notification and posting of speed limit.
(a) Notification.--Upon adoption of ordinance or rule, the
local authority shall promptly notify the department of the
change in maximum speed limit.
(b) Posting of speed limit.--After receiving official
notification from the local authority, the department shall post
the maximum speed limit as adopted by the local authority on the
respective roadway or State-designated highway within 30 days.
Section 5. Exception.
Local authorities may not alter or set maximum speed limits
on freeways or interstate highways within their physical
boundaries.
Section 20. Effective date.
This act shall take effect immediately.
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