PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 443]
Roadside Rest Areas
[36 Pa.B. 7140]
[Saturday, November 25, 2006]The Department of Transportation (Department), under section 8 of the act of June 7, 1961 (P. L. 257, No. 151) (36 P. S. § 478.18), proposes to amend Chapter 443 (relating to roadside rest areas) to read as set forth in Annex A.
Purpose of this Chapter
The purpose of this chapter is to set forth regulations to ensure the comfort, convenience, cleanliness, health and safety of members of the traveling public who utilize roadside rest areas and facilities.
Purpose of the Proposed Rulemaking
The purpose of this proposed rulemaking is to provide greater detail in the description of conditions and activities not permitted at roadside rest areas and facilities.
Summary of Significant Amendments
Sections 443.1 and 443.2 (relating to purpose and policy; and prohibited activities or actions) are amended to include more specific definitions of activities or actions that are prohibited at roadside rest areas and Welcome Centers.
Persons and Entities Affected
This proposed rulemaking affects members of the general motoring public who stop at roadside rest areas and Welcome Centers.
Fiscal Impact
Implementation of this proposed rulemaking will not require the expenditure of additional funds by the Commonwealth or local municipalities.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 13, 2006, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Provisions
The Department will make this proposed rulemaking effective upon final-form publication following appropriate evaluation of comments, suggestions or objections received during the period allowed for public comment. The Department is not establishing a sunset date for these regulations. The regulations are needed to administer provisions required under 75 Pa.C.S. (relating to the Vehicle Code). The Department, however, will continue to closely monitor the regulations for their effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Jack Christensen, Chief, Facilities Management Division, Bureau of Office Services, 400 North Street, 5th Floor, Harrisburg, PA 17120 within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about the proposed rulemaking is Robert Kleimenhagen, Jr., Central Region Facilities Administrator, Facilities Management Division, Bureau of Office Services, 400 North Street, 5th Floor, Harrisburg, PA 17120, (717) 787-7002.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-408. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart B. NONVEHICLE CODE PROVISIONS
ARTICLE III. HIGHWAYS
CHAPTER 443. ROADSIDE REST AREAS § 443.1. Purpose and policy.
(a) This chapter is promulgated for the purpose of providing comfortable, [convenience] convenient, clean, attractive and safe places for the general motoring public and to set forth rules to insure the maximum comfort, convenience, cleanliness, health and safety of those members of the general public using the facilities.
(b) This chapter applies to all rest areas administered by the Department, including those containing information centers for the traveling public, that is Welcome Centers.
(c) This chapter is intended to limit activities and actions in roadside rest areas to those that are consistent with the purpose of the facilities.
§ 443.2. Prohibited activities or actions.
The following specified activities or actions [shall be] are prohibited in roadside rest areas:
(1) Driving or parking of a vehicle in areas other than those provided. Drivers shall obey all posted traffic signs and markings.
(2) Parking or standing of a vehicle for more than 2 hours in a single 24-hour period or in excess of the posted time limit. Vehicles unattended for more than 24 hours will be considered abandoned and subject to removal and storage at the sole cost and expense of the owner.
(3) Defacing or damaging buildings or other facilities[.], skateboarding, rollerblading, skating, biking or sledding, riding of all-terrain vehicles or smoking in areas designated as ''No Smoking.''
(4) Igniting or maintaining fires for heating or cooking equipment, except in areas or facilities designed for the purpose, camping overnight or setting up a tent, sleeping anywhere but in a legally parked vehicle, or remaining anywhere but in a legally parked vehicle for more than 2 hours.
(5) Depositing or disposing of refuse or waste, except picnic waste and contents of vehicle litter bags, which shall be deposited only in areas or containers provided [therefore] for that purpose. Disposing of camping, sewage or household refuse in [this area] these areas is prohibited.
(6) Consumption of alcoholic beverages, or the use, possession or delivery of controlled substances.
(7) Discharging or shooting of firearms or bows and arrows, [and] hunting or fishing, or parking of vehicles for the purpose of hunting or fishing outside of the rest area.
(8) Maintenance or repairing of vehicles or attachments to vehicles--oil changes, filter replacements, draining of coolants, washing vehicles[,] or attachments to vehicles, motor disassembly or assembly and the like--except in emergencies.
(9) Release of pets or unloading of livestock. Animals on leashes shall be permitted only in areas designated as pet area, except for Seeing-Eye or Service Dogs which are permitted anywhere.
* * * * * (12) Sale of a product or conduct of other commercial activity, except [in emergencies] when the Department authorizes, by written agreement, vending and communication facilities in areas within limited access right of way, or vending, communication facilities, and other commercial activities serving the needs of the traveling public in areas outside limited access right of way.
* * * * * (14) Use of the area or facilities when closed for the season or for any other reason.
* * * * * (16) Use of the area or facilities for special events, except for free ''Coffee Break'' events and similar nonprofit activities for the traveling public when approved by the Department and on the terms and conditions the Department deems appropriate.
(17) Other activities that interfere with the proper functioning of the rest area for the purposes set forth in § 443.1 (relating to purpose and policy), including:
(i) Soliciting, harassing, intimidating or coercing travelers.
(ii) Impeding the movement of persons or interrupting traffic flow.
(iii) Picketing, demonstrating or performing oration or similar expressive activities.
(iv) Distributing written materials without the written agreement of the Department.
§ 443.3. Additional prohibited activities or actions on noninterstate highways.
In addition to the activities prohibited in § 443.2 (relating to prohibited activities or actions), parking of commercial vehicles or the parking of a vehicle between dusk and dawn is prohibited in roadside rest areas along noninterstate highways, unless otherwise posted by the Department.
[Pa.B. Doc. No. 06-2311. Filed for public inspection November 22, 2006, 9:00 a.m.]
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