PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CHS. 201, 203, 211 AND 212]
Official Traffic Control Devices
[33 Pa.B. 1930] The Department of Transportation (Department), Bureau of Highway Safety and Traffic Engineering (Bureau), under the authority contained in 75 Pa.C.S. §§ 6103, 6105, 6121 and 6122, proposes to delete Chapters 201, 203 and 211 (relating to engineering and traffic studies; work zone traffic control; and official traffic control devices) to add 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 will adopt the National Manual on Uniform Traffic Control Devices (MUTCD) as published by the Federal Highway Administration.
Purpose of Proposed Chapter 212
The purpose of Chapter 212 is to adopt the MUTCD, to establish new rules 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 Proposed Rulemaking
With the promulgation of these regulations, the most recent edition of the MUTCD will become the standard for traffic control in this Commonwealth. As provided in 75 Pa.C.S. §§ 6103(c) and 6121 (relating to promulgation or rules and regulations by department; and uniform system of traffic-control devices), this proposed rulemaking will also establish additional rules 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 provisions now found in the chapters proposed for rescission.
Traffic control devices are defined as all signs, signals, markings and devices placed on, over or adjacent to a street or highway by authority of a public body or official having jurisdiction to regulate, warn or guide traffic. The purpose of traffic control devices and warrants is to safeguard highway safety by providing for the orderly and predictable movement of all traffic, motorized and nonmotorized, throughout the National, State and local highway transportation systems. This chapter provides guidance and standards needed to insure the safe and uniform operation of individual elements in the traffic stream. Traffic control devices are used to direct and assist vehicle operators in the guidance and navigation tasks required to safely traverse any facility open to public travel. Guide and information signs are solely for the purpose of traffic control; advertising media and attraction signs are not generally considered to be traffic control devices.
The need for uniform standards for traffic control devices was recognized many years ago. In 1927, the American Association of State Highway and Transportation Officials (AASHTO) published a manual for use on rural highways, and the National Conference on Street and Highway Safety followed with a manual for urban streets in 1929. Even at that early time, the need for unification of the standards applicable to the different classes of road and street systems was obvious. To meet this need, a joint committee of the AASHTO and the National Conference on Street and Highway Safety developed, and in 1935 published, the original edition of the MUTCD. That committee, though changed from time to time in organization and personnel, has been in continuous existence since its origin and has contributed to periodic revisions of the MUTCD. The committee's name has now been formally changed to the National Committee on Uniform Traffic Control Devices.
Federal directives and Commonwealth statutes dictate implementation of the standards contained in the MUTCD. The Department expects to obtain basic uniformity in the visible features and functioning of traffic control devices on all highways through implementation of the MUTCD, which sets forth the basic principles that govern the design and use of traffic control devices. These principles appear throughout the text of the proposed rulemaking in discussion of the devices to which they apply, and it is important that they be given primary consideration in the selection, application and use of each device.
The MUTCD presents traffic control device standards for all streets and highways open to public travel, regardless of type or class or governmental agency having jurisdiction. Where a device is intended for limited application only, or for use on a specific system, the text of the MUTCD specifies the restrictions on its use. The study procedures and warrants for the establishment, revision, and removal of traffic restrictions, as well as the basic principles and guidelines for the control of traffic within construction, maintenance and utility/permit work zones are, with few exceptions, included in the MUTCD. All procedures, warrants and standards, either in addition to or exclusive of those in the MUTCD, are also included in Chapter 212. When the MUTCD is silent regarding the establishment of certain traffic restrictions, work zone traffic control standards or in instances when the Department has additional study procedures, warrants, standards or guidelines in addition to those in the MUTCD, those procedures, warrants and standards are included in Chapter 212. The chapter also contains additional requirements for some official traffic control devices used in this Commonwealth. The incorporation of these additional regulatory requirements in the chapter may require slight departure from some of the text in certain parts of the MUTCD. Three existing chapters are being deleted with the establishment of this new chapter: Chapter 201 which contains required study procedures and warrants for the establishment, revision and removal of all traffic restrictions on public highways within this Commonwealth; Chapter 203 which defines the basic principles and guidelines for the control of traffic within construction, maintenance and utility/permit work zones on highways within this Commonwealth; and Chapter 211 which contained provisions regarding traffic control devices. The significant provisions of these regulations include the following:
1. Section 212.3 (relating to Pennsylvania Supplement to the Manual on Uniform Traffic Control Devices) will supplement the MUTCD. The Pennsylvania Supplement to the Manual on Uniform Traffic Control Devices (PSMUTCD), will include the requirements of this chapter. Any additional information or recommended practice included in the PSMUTCD that is not in this chapter will be clearly labeled as information or guidance.
2. Section 212.5(a)(2) (relating to erection and maintenance responsibilities) is intended to relieve local authorities of the regulatory responsibility for maintaining railroad grade crossing markings on State-designated highways. Other current Department manuals already identify the Department as having responsibility for maintaining railroad grade crossing markings, and the Department has been routinely maintaining them.
3. Section 212.8 (relating to use, test, approval, and sale of traffic control devices) will require nonmetallic barricades, portable barriers, vertical panels, yield to pedestrian channeling devices, and citizen band radio traffic alert devices to be approved by the Department to insure their compliance with Federal standards.
4. Section 212.11 (relating to metric measurement) permits the use of hard metric dimensions as an alternative to those with English dimensions when designing and placing traffic control devices. Current Federal law (the Omnibus Trade and Competitiveness Act of 1988) encourages the use of metric dimensions for the design and deployment of all traffic control devices.
5. Section 212.302(b) (relating to traffic-control signals) adopts the MUTCD's eight warrants for traffic control signals. While Pennsylvania's warrants are generally similar to the warrants in the 1988 edition of the MUTCD, the warrant numbers were different. The adoption of the MUTCD numbers will bring Pennsylvania's warrants and warrant numbering into conformity with those in other states. The MUTCD does not have provisions that address traffic signal studies at intersections not yet constructed; that is, future intersections. As such, the ''ADT Volume Warrant'' which is currently in Chapter 201, is proposed for inclusion in Chapter 212.
6. Sections 212.401--212.416 (relating to temporary traffic control) bring the Commonwealth's requirements for traffic control in work zones into general conformity with practices in other states.
Persons and Entities Affected
This proposed rulemaking will affect the Commonwealth, the Pennsylvania Turnpike Commission, local authorities, contractors, consultants, utility companies, vendors and the motoring public.
Fiscal Impact
Elimination of current Department Publications, Nos. 68, 201 and 203, is projected to annually reduce publication costs by approximately $30,000. Although these savings will be passed on to the consultants, contractors, local authorities and other end users, these savings will be offset by the need of some users to purchase the MUTCD. In addition, contractors and highway agencies may have some modest savings since fewer traffic control devices will be required in some construction and maintenance projects.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on April 9, 2003, the Department submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Committees on Transportation. The Department has also provided IRRC and the Committees with a detailed Regulatory Analysis Form. A copy of this material is available to the public upon request.
If IRRC has any objections to any portions of the proposed rulemaking, it will notify the Department by June 18, 2003. The notification shall specify the regulatory review criteria which has not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the regulations, by the agency, the General Assembly and the Governor of objections raised.
Sunset Date
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.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Arthur Breneman, P. E., Chief, Traffic Engineering and Operations Division, Bureau of Highway Safety and Traffic Engineering, Commonwealth Keystone Building, 400 North Street, 6th Floor, Harrisburg, PA 17120-0064 (mailing address is P. O. Box 2047, Harrisburg, PA 17105-1724; telephone (717) 787-3620) within 30 days of publication of this notice in the Pennsylvania Bulletin.
Contact Person
The contact person is also Arthur Breneman.
ALLEN D. BIEHLER,
SecretaryFiscal Note: 18-373. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT
CHAPTER 201. (Reserved) (Editor's Note: The Department is proposing to delete Chapter 201 in its entirety. The present text of Chapter 201 appears at 67 Pa. Code pages 201-1--201-56, serial pages (212953) to (212960), (245565) to (245567), (221377) to (221378) and (212965) to (213008).)
§§ 201.1--201.6. (Reserved).
§ 201.21. (Reserved).
§ 201.22. (Reserved).
§§ 201.31--201.33. (Reserved).
§ 201.35. (Reserved).
§ 201.51--201.55. (Reserved).
§ 201.61. (Reserved).
§ 201.62. (Reserved).
§ 201.71. (Reserved).
§ 201.72. (Reserved).
§§ 201.81--201.83. (Reserved).
§ 201.91. (Reserved).
CHAPTER 203. (Reserved) (Editor's Note: The Department is proposing to delete Chapter 203 in its entirety. The present text of Chapter 203 appears at 67 Pa. Code pages 203-1--203-127, serial pages (216503) to (216508), (250971) to (250974), (216513) to (216544), (253437) to (253438), (216547) to (216548), (253439) to (253440), (216551) to (216552), (253441) to (253442), (216555) to (216556), (253443) to (253444) and (216559) to (216629).)
§ 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 211. (Reserved) (Editor's Note: The Department is proposing to delete Chapter 211 in its entirety. The present text of Chapter 211 appears at 67 Pa. Code pages 211-1--211-654, serial pages (218051) to (218052), (210497) to (210500), (236851) to (236853), (210503) to (210504), (246765) to (246768), (210509) to (210658), (282251) to (282252), (210661) to (210666), (222465) to (222470), (210673) to (211060), (221379) to (221380), (211063) to (211082), (226957) to (226958), (211085) to (211086), (288357) to (288360) and (211091) to (211148).)
§§ 211.1--211.12. (Reserved).
§§ 211.21--211.32. (Reserved).
§§ 211.41--211.43. (Reserved).
§§ 211.51--211.57. (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--211.193. (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--211.453. (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--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--211.600. (Reserved).
§§ 211.602--211.605. (Reserved).
§ 211.611. (Reserved).
§ 211.612. (Reserved).
§ 211.613a--211.615. (Reserved).
§§ 211.631--211.633. (Reserved).
§§ 211.641--211.642a. (Reserved).
§§ 211.642c--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--211.732. (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 Subchap.
A. GENERAL PROVISIONS B. SIGNS C. MARKINGS D. SIGNALS E. TEMPORARY TRAFFIC CONTROL F. TRAFFIC CONTROLS FOR SCHOOL AREAS G. SPECIAL EVENTS H. MISCELLANEOUS PROVISIONS
Subchapter A. GENERAL PROVISIONS Sec.
212.1. Definitions. 212.2. Adoption of Federal standards. 212.3. Pennsylvania's Supplement to the MUTCD. 212.4. Application. 212.5. Erection and maintenance responsibilities. 212.6. Removal of interfering lights. 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:
Angle parking--Parking, other than parallel parking, that is designed and designated so that the longitudinal axis of the vehicle is not parallel with the edge of the road.
Bureau of Highway Safety and Traffic Engineering--The office of the Department that is responsible for traffic regulations and Statewide policies regarding the application of traffic control devices. The Bureau is located at the Commonwealth Keystone Building, 400 North Street, 6th Floor, Harrisburg, Pennsylvania 17120-0064 (mailing address: Post Office Box 2047, Harrisburg, Pennsylvania 17105-2047; telephone (717) 787-3620).
Conventional highway--Any highway other than an expressway or a freeway.
Crash--
(i) A collision involving one or more vehicles.
(ii) Unless the context clearly indicates otherwise, the term only includes those accidents that require a police report, that is, the accident 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.
85th percentile speed--The speed that is exceeded by only 15% of the drivers during free-flowing conditions.
Engineering and traffic study--An orderly examination or analysis of physical features and traffic conditions conducted in accordance this title and conforming to generally accepted engineering standards and practices for the purpose of ascertaining the need or lack of need for a particular action by the Department or local authorities.
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.
Highway--
(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.
Local authorities--
(i) County, municipal, and other local boards or bodies, and State agencies, boards and commissions other than the Department, having authority to enact regulations relating to traffic.
(ii) The term includes governing bodies of colleges, universities, public and private schools, public and historical parks, and airport authorities except when those authorities are within counties of the first class or counties of the second class.
MUTCD--The current edition of the Manual on Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration, and available from the Superintendent of Documents, United States Government Printing Office, Washington, D. C. 20402.
Night or nighttime--The time from 1/2 hour after sunset to 1/2 hour before sunrise.
Numbered traffic route--A highway that has been assigned an interstate, United States or Pennsylvania route number.
Official 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.
Roadway--That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder. In the event a highway includes two or more separate roadways the term ''roadway'' refers to each roadway separately but not to all roadways collectively.
Safe-running speed--The official speed limit as posted by signs or, in the absence of a posted speed limit, average speed for a portion of a highway determined by making a minimum of five test runs in each direction and periodically recording the operating speed at different locations while driving at a speed which is reasonable and prudent, giving consideration to the available sight distance, spacing of intersections, roadside development, environment and other conditions.
School--A facility for education wherein a resident of this Commonwealth can fulfill compulsory school requirements, including kindergarten through grade 12.
School zone--A portion of a highway that abuts a school property and is used by students to walk to or from school.
Secretary--The Secretary of the Department.
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.
Through highway--
(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 official traffic control device when the signs or devices are erected as provided in this title.
(ii) The term includes all expressways and freeways.
Traffic calming--Traffic calming is 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 plan--A plan for maintaining traffic through or around a work area.
Warrant--A specific threshold condition, either visually observed or determined based on the results of data collection including traffic counts or physical measurements, used to authorize but not mandate, the installation of traffic signals, Stop Signs (R1-1), Multiway Stop Signs, Yield Signs (R1-2) and other traffic control devices.
§ 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 a uniform system of traffic-control devices), the Department hereby adopts the most recent edition of 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 unless the Department publishes a notice in the Pennsylvania Bulletin stating that the amendment or modification does not take effect.
§ 212.3. Pennsylvania's Supplement to the Manual on Uniform Traffic Control Devices for Streets and Highways.
The Department will publish a supplement to the MUTCD. The supplement will include additional requirements for official traffic control devices contained in this chapter, and include additional guidance information, which will be clearly marked as such.
§ 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 previously posted or erected in accordance with the regulations in effect at that time, are not subject to this chapter, providing the Department or local authorities have on file evidence that the traffic restrictions were so posted or erected in accordance with then-current regulations.
(b) New restrictions.
(1) The establishment or revision of a traffic restriction may be warranted if one of the following applies:
(i) One or more of the engineering and traffic study warrants covered in this chapter justifies the traffic restriction.
(ii) Sound engineering judgment based upon a combination of all data sources substantiates the need for the restriction.
(2) The fact that a warrant for a particular traffic control device is met is not in itself conclusive justification for the installation of the device.
(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 elements covered in this chapter justify the existing traffic restriction.
(2) The condition that originally justified the restriction no longer exists.
(d) Traffic control during emergencies. During National, State or local emergencies including, floods, fires, hurricanes, tornadoes, earthquakes, 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 shall expire at the end of the emergency.
§ 212.5. Erection and maintenance responsibilities.
(a) State-designated highways. Local authorities may not install, revise or remove any traffic control device on a State-designated highway that is an expressway or a freeway or on any approach to an expressway or a freeway, or within the limits of any Department construction project without the Department's written approval. On other highways, local authorities shall obtain Department approval before installing, revising or removing any official traffic control device on a State-designated highway or on a local highway at its intersection with a State-designated highway, except as follows:
(1) First and second class cities are responsible for the installation, revision and removal of all official traffic control devices, unless an agreement between the city and the Department requires Department approval.
(2) Local authorities are responsible for the installation, revision, removal, maintenance and operation of any of the following official traffic control devices without Department approval:
(i) Stop Signs (R1-1) on local roadways intersecting State-designated highways.
(ii) Do Not Enter signs (R5-1), One-Way signs (R6 Series) and other prohibitions on intersecting local roadways.
(iii) Stopping, standing or parking signs (R7 and R8 Series).
(iv) Parking meters and parking meter plaques or signs.
(v) Street name signs and advance street name signs (D3 Series).
(vi) School signs (S series).
(vii) Crosswalk markings.
(viii) Stop lines at approved Stop Signs (R1-1).
(ix) Curb markings.
(x) Parking stall markings, except angle parking.
(3) Local authorities other than first and second class cities, or other agencies as indicated, are responsible for installing and maintaining the following types of signs after approval to erect the signs has been obtained from the Department:
(i) Speed Limit Signs (R2-1) for all speed limits of 35 miles per hour or less except on freeways, in Department rest areas and welcome centers, within Department weigh stations, and for hazardous grade and bridge speed limits.
(ii) Pedestrian group signs (R9 Series).
(iii) Traffic signal group signs (R10 Series).
(iv) Street Closed (___) to (___) Sign (R11-10).
(v) Snowmobile Road (___) Closed to All Other Vehicles Sign (R11-11).
(vi) All Trucks Must Enter Weigh Station Sign (R13-1), except Department owned and operated weigh stations.
(vii) Railroad Crossbuck Sign (R15-1) and Track Sign (R15-2), which shall be installed by the railroad company.
(viii) Signal Ahead Sign (W3-3).
(ix) Children group signs (W15 Series).
(x) Entrance and crossing signs (W11 Series), except W11-3, W11-3A, W11-11, W11-21, W11-21-1 and W11-21-2 signs.
(xi) Parking Area Sign (D4-1).
(xii) Weigh Station signs (D8 Series), except Department owned and operated weigh stations.
(xiii) Telephone With Arrow Sign (D9-1A) and Telephone (___) Mile Sign (D9-1B), which shall be installed by the telephone company.
(xiv) Traffic Signal Speed Sign (I1-1).
(xv) Trail group signs (I4 Series).
(xvi) Bicycle Route Sign (D11-1).
(xvii) Snowmobile and all terrain vehicles group signs (I12 Series).
(xviii) School signs (S Series) and school zone speed limits.
(4) Local authorities are responsible for installing and maintaining the signs as may be provided in an agreement between the local authority and the Department.
(5) Traffic control devices installed by the Department or by a contractor for the Department may not be removed without the Department's written approval.
(6) Police officers may install temporary signs without Department approval to close highways in emergencies or to weigh vehicles, perform sobriety checkpoints or conduct other enforcement programs.
(b) Local highways. As provided in 75 Pa.C.S. § 6122 (relating to authority to erect traffic control devices), local authorities are responsible for the installation, revision, removal, operation and maintenance of any official traffic control device on highways under their jurisdictions, except that local authorities shall obtain Department approval before:
(1) Installing, revising or removing any school zone speed limit or traffic signal on local highways, except in first and second class cities or by local authorities that have municipal traffic engineering certification in accordance with Chapter 205 (relating to municipal traffic engineering certification).
(2) Revising or removing any traffic control device installed in accordance with an agreement between the local authorities and the Department.
§ 212.6. Removal of interfering lights.
The Secretary and local authorities, in their respective jurisdictions, shall have the authority to cause the removal of all colored or flashing light 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 official traffic control devices.
§ 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) Legislative requirements. 75 Pa.C.S. § 6127 (relating to dealing in nonconforming traffic-control devices) makes it unlawful for a person to manufacture, sell, offer for sale or to 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) Retroreflective sheeting materials used for all traffic control devices.
(2) Traffic signs and associated supports.
(3) Pavement marking materials including paint, epoxy, polyesters, methyl, methacrylate, thermoplastic, preformed tapes and glass beads.
(4) Delineation devices, including flexible delineator posts, guide rail and barrier-mounted delineators, retroreflective pavement markers and center-mount delineators.
(5) Yield to pedestrian channelizing devices, which are designed for placement between lanes of traffic to remind motorists to yield to pedestrians in crosswalks.
(6) Traffic signal equipment, including the following:
(i) Controllers and flasher units.
(ii) Vehicle and pedestrian detector units.
(iii) Vehicle, pedestrian and lane direction control signals, including audible traffic pedestrian signals.
(iv) Electrically-powered signs, except for guide and information type signs included in Department construction contracts and covered by detailed specifications.
(v) Signal preemption equipment controlled from emergency or authorized vehicles.
(vi) Dimming devices.
(vii) Local intersection coordinating units.
(viii) Auxiliary or minor phase traffic signal controllers.
(ix) External traffic signal controller timers.
(7) The following work zone traffic control devices:
(i) Attenuators.
(ii) Barricades.
(iii) Citizen band traffic alert radios.
(iv) Drums.
(v) Flashing arrow panels.
(vi) Portable barriers.
(vii) Portable traffic control signals.
(viii) Portable traffic sign supports.
(ix) Portable variable message signs.
(x) Traffic cones.
(xi) Tubular markers.
(xii) Vertical panels.
(xiii) Warning lights.
(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, Commonwealth Keystone Building, 400 North Street, 6th Floor, Harrisburg, Pennsylvania 17120-0064 (mailing address Post Office Box 2047, Harrisburg, Pennsylvania 17105-2047, telephone (717) 787-3620).
(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 of Transportation Sales Store, Post Office Box 2028, Harrisburg, Pennsylvania 17105-2028 (or at the Department's website http://www.dot.state.pa.us). The Sales Store may also be contacted by telephone at (717) 787-6746, or visited at the Commonwealth Keystone Building, 5th Floor, 400 North Street, Harrisburg, Pennsylvania 17120-0041.
§ 212.9. Traffic calming.
(a) The Department on State-designated highways, and local authorities on any highway within their boundaries, may implement traffic calming measures, which shall be installed and maintained in conformance with Pennsylvania's Traffic Calming Handbook (Department Publication 383).
(b) 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 person 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 shall be submitted in writing to the Bureau of Highway Safety and Traffic Engineering, Post Office Box 2047, Harrisburg, Pennsylvania 17105-2047.
(2) The request shall include sufficient information to allow the Department to make a ruling, or to forward the request to the Federal Highway Administration as may be necessary.
(3) The type of information to be compiled during any experiment shall be stated as a part of the request, and the collection of data shall be a conditional part of the approval.
§ 212.11. Metric measurements.
(a) General policy. The Omnibus Trade and Competitiveness Act of 1988, the act of August 23, 1988, Pub. L. No. 100-418, 102 Stat 1107, encourages the use of metric dimensions for the design and deployment of all traffic control devices. The following hard conversion factors may be used for the design and placement of traffic control devices as included herein:
(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 of Transportation Sales Store, Post Office Box 2028, Harrisburg, Pennsylvania 17105-2028. The Sales Store may also be contacted by telephone at (717) 787-6746, or visited at the Commonwealth Keystone Building, 5th Floor, 400 North Street, Harrisburg, Pennsylvania 17120-0041:
(1) Approved Construction Materials (Department Publication 35) which contains the list of approved suppliers and specific materials.
(2) Traffic Control Devices (Department Publication ###) which contains this chapter, a cross-reference between this chapter and the MUTCD, and an appendix containing additional guidance on the elements of engineering and traffic studies.
(3) Pavement Marking and Delineation Standards (Department Publication ###) which contains the drawings designed for use by contractors, local authorities, the Department and its consultants to assist in the application of pavement markings and delineation devices. The publication will include detailed drawings of pavement marking lines and symbols, and the placement of delineation devices at on-ramps, off-ramps and lane drops.
(4) Pennsylvania Handbook of Approved Signs (Department Publication 236M) which contains the design and application details of official traffic signs.
(5) Traffic Control Signing Standards, TC-8700 Series (Department Publication 111M) which contains the traffic standards which includes detailed guidance for sign legends, expressway and freeway signs, sign spacing and location criteria and sign posts.
(6) Traffic Signal Design Handbook (Department Publication 149M) which contains information for use in the design and operation of a traffic signal installation.
(7) Traffic Signal Standard Drawings, TC-8800 Series (Department Publication 148M) which contains detailed guidance for the construction of traffic signals, controller assemblies, traffic signal supports, electrical distribution, signal heads and detectors.
(8) Work Zone Traffic Control Guide (Department Publication ###) which provides additional suggested traffic control plans for maintaining traffic through highway construction, maintenance and utility work zones to supplement various situations not included in the MUTCD.
Subchapter B. SIGNS Sec.
212.101. Official signs. 212.102. Sign manufacturers. 212.103. Sign size. 212.104. Retroreflectorization. 212.105. Sign posts and mountings. 212.106. Additional warrants for Stop Signs (R1-1) and Yield Signs (R1-2). 212.107. Except Right Turn Sign (R1-1-1). 212.108. Speed limits, except those in work areas or school zones, or on bridges or hazardous grades. 212.109. Bridge speed limits. 212.110. Hazardous grade speed limits. 212.111. Turn restriction warrants. 212.112. Signs to prohibit passing. 212.113. One-way streets. 212.114. Stopping, standing and parking restrictions. 212.115. No Turn on Red Sign (R10-11a). 212.116. Weight, size and load restrictions. 212.117. Street name signs. 212.118. Signing of named highways. 212.119. General motorist service signs. 212.120. Specific service signs. 212.121. Recreational and cultural interest area signs. 212.122. Tourist-oriented directional signs. § 212.101. Official signs.
(a) Approved signs. The Department will publish the Pennsylvania Handbook of Approved Signs (Department Publication 236M) which includes sign standards that show the shape, color, dimensions, legends, application and placement of official signs. Whenever possible, the handbook will include the same sign design requirements and nomenclature used by the Federal Highway Administration in its Standard Highway Signs book. When sign messages are required other than those provided for in the Pennsylvania Handbook of Approved Signs the Bureau of Highway Safety and Traffic Engineering may authorize new sign standards. When approved by the Department, these signs shall also be regarded as official signs.
(b) Existing nonstandard signs. Official signs shall replace existing signs of nonstandard design or application as rapidly as is economically feasible.
(c) Unacceptable variations. Variations in the proportion of symbols, stroke width and height of letters, width of borders or layout of word or symbol messages will be sufficient cause for the Secretary to order the removal or replacement of a sign, but will not be a defense in prosecution for violation of any mandatory traffic control provided by the sign.
§ 212.102. Sign manufacturers.
Only signs manufactured by the Department or a Department-approved sign manufacturer shall be used on any highway. Commercial or municipal sign manufacturers who wish to obtain Department approval to manufacture signs shall request an application from the Bureau of Highway Safety and Traffic Engineering, Commonwealth Keystone Building, 400 North Street, 6th Floor, Harrisburg, Pennsylvania 17120-0064 (mailing address is Post Office Box 2047, Harrisburg, Pennsylvania 17105-2047), telephone (717) 787-3620.
§ 212.103. Sign size.
Signs smaller than the minimum size or larger than the largest size specified on the sign standards in the Pennsylvania Handbook of Approved Signs (Department Publication 236M) are not permitted without written approval from the Department.
§ 212.104. Retroreflectorization.
Retroreflective sheeting or other approved retroreflective materials shall be used on all signs that do not have sign illumination, unless the sign standard as included in the Pennsylvania Handbook of Approved Signs (Department Publication 236) indicates that the sign does not need to be retroreflective. Type III or higher type retroreflective sheeting is encouraged to improve nighttime visibility of signs, especially for older drivers.
§ 212.105. Sign posts and mountings.
Unless properly protected or beyond the clear zone as defined in the Department's Design Manual, Part 2, all sign posts shall be of a Department-approved breakaway design.
§ 212.106. Additional warrants for Stop Signs (R1-1) and Yield Signs (R1-2).
(a) Through highways. The Department and local authorities may designate highways as through highways to permit more continuous movement and less delay to the major flow of traffic.
(1) Stop Signs (R1-1) or Yield Signs (R1-2) may be installed at all approaches to the through highway to provide preferential right-of-way at intersections.
(2) The designation of a highway as a through highway does not prevent modification of the right-of-way assignment at intersections of the through highway.
(3) The justification for the modification at a particular intersection will be based on the warrants in the MUTCD and the additional warrants in subsection (b), (c), (d) or (e).
(b) Stop Signs (R1-1) at intersections. In addition to the warrants in Section 2B.05 of the MUTCD, 2000 edition (relating to stop sign applications), a Stop Sign (R1-1) may be installed on a channelized right-turn roadway at a signalized intersection where the traffic control signals are not readily visible, and the right-turn roadway does not have separate signals, and a Yield Sign (R1-2) is not appropriate.
(c) Multiway stop applications. In addition to the criteria and options warranting multiway stop applications in Section 2B.07 of the MUTCD, 2000 edition (relating to multiway stop applications), the following apply:
(1) The five or more reported crashes in a 12-month period for Warrant B may include both reportable crashes, and nonreportable crashes that are documented in the police files, that occurred during a 12-month period during the most recent 3 years of available crash data.
(2) Multiway stop applications may not be used because of limited sight distance unless there is no practical method of improving the sight distance or reducing the speed limit to satisfy the minimum stopping sight distance values.
(d) Stop and yield control at locations other than intersections.
(1) One-lane bridges and underpasses. Stop Signs (R1-1) are warranted in advance of a one-lane bridge or underpass when roadway geometry is such that drivers cannot see an approaching vehicle in sufficient time for both vehicles to stop prior to entering the bridge or underpass. If sight distance is not a problem, a Yield Sign (R1-2) with the supplemental To Oncoming Traffic Sign (R1-2-1) may be installed at both ends of a one-lane bridge or underpass.
(2) Crossings. Stop Signs (R1-1) may be installed on highways on a temporary basis at officially designated crossings such as construction haul roads. These Stop Signs (R1-1) should only be visible and in effect during the time periods the crossing is being used and should be supplemented with a flashing red beacon for added visibility.
(3) Private roads and driveways. Stop Signs (R1-1) or Yield Signs (R1-2) may be installed to control traffic exiting from a private road or driveway onto a highway or to control traffic on the highway at a private road or driveway if the warrants applied at highway intersections are satisfied.
(4) Truck pulloffs on hazardous grades. A Stop Sign (R1-1) may be installed within an officially designated truck pull-off area in advance of a hazardous grade indicating the location that trucks are to stop within the pulloff.
(5) Construction, maintenance or utility operations. Stop Signs (R1-1) may be installed at both ends of short one-lane construction, maintenance or utility operation to provide self-regulating traffic control providing the one-lane section is not greater than approximately 250 feet in length, excluding tapers, the ADT is not greater than 1,500, and the sight distance is sufficient.
§ 212.107. Except Right Turn Sign (R1-1-1).
When a major traffic movement at an intersection is a right turn, the Except Right Turn Sign (R1-1-1) may be placed below the Stop Sign (R1-1) on that approach to minimize the total delay at the intersection. When this sign is used, Stop Signs (R1-1) are required on all other intersection approaches except for the approach with a corresponding left-turn movement.
§ 212.108. Speed limits, except those in work areas or school zones, or on bridges or hazardous grades.
(a) General. This section applies to maximum speed limits established according to 75 Pa.C.S. §§ 3362 and 3363 (relating to maximum speed limits; and alteration of maximum limits).
(b) Engineering and traffic studies. Speed limits established in accordance with 75 Pa.C.S. § 3363 may be established in multiples of 5 miles per hour up to the maximum lawful speed. The speed limit should be within 5 miles per hour of the average 85th percentile speed or the safe-running speed on the section of highway, except the speed limit may be reduced up to 10 miles per hour below either of these values if one or more of the following conditions are satisfied:
(1) A major portion of the highway has insufficient stopping sight distance if traveling at the 85th percentile speed or the safe-running speed.
(2) The available corner sight distance on a number of side roads is less than the appropriate minimum stopping sight distance values for through vehicles.
(3) An analysis of crashes indicates that the majority of crashes are related to excessive speed--those crashes with causation factors including driving too fast for conditions, turning without clearance, failing to yield right-of-way-and that the crash rate during a minimum 12-month period is greater than the applicable rate in the most recent high-crash rate or high-crash severity rate table developed by the Department.
(c) Special speed limits.
(1) Within rest areas and welcome centers, a 25 mile per hour speed limit may be established without the need for an engineering and traffic study if pedestrians walk across the access roadways between the parking lot and the rest facilities.
(2) Within truck weight stations, an appropriate speed limit may be established without an engineering and traffic study by the authorities in charge to enforce the safety of the operations or to protect the scales.
(d) Posting of speed limits. A Speed Limit Sign (R2-1) showing the maximum speed limit shall be placed on the right side of the highway at the beginning of each numerical change in the speed limit. If the new speed limit begins at an intersection, the first Speed Limit Sign (R2-1) should be installed within 200 feet beyond the intersection. The placement of this sign shall satisfy both the requirement to post the beginning of the new speed limit and the requirement to post the end of the previous speed limit. Additional requirements for posting shall be as follows:
(1) All speed limits of 50 miles per hour or less shall be posted as follows:
(i) A Reduced Speed (___) Ahead Sign (R2-5) shall be placed on the right side of the highway 500 to 1,000 feet before the beginning of every speed reduction unless the speed reduction is only 5 or 10 miles per hour, or the speed reduction begins at an intersection and all traffic entering the roadway with the speed reduction has to either stop at a Stop Sign (R1-1) or make a turn.
(ii) Speed Limit Signs (R2-1) showing the maximum speed shall be placed on the right side of the highway at the beginning of the speed limit and at intervals not greater than 1/2 mile throughout the area with the speed limit.
(iii) The end of a speed limit is typically identified by the placement of a sign indicating a new speed limit, but the End Plaque (R2-10) may be placed above a Speed Limit Sign (R2-1) at the end of the zone if the appropriate speed limit is not known on the following section of roadway.
(2) On freeways, a Speed Limit Sign (R2-1) shall be installed after each interchange.
[Continued on next Web Page]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
