PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 443 ]
Roadside Rest Areas
[42 Pa.B. 4702]
[Saturday, July 28, 2012]The Department of Transportation (Department), under the authority in 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 Chapter
The purpose of Chapter 443 is to set forth rules to ensure the comfort, convenience, cleanliness, health and safety of those members of the traveling public utilizing roadside rest areas and facilities.
Purpose of the Proposed Rulemaking
The purpose of the proposed amendments to Chapter 443 is to provide greater detail in the description of conditions and activities not permitted at roadside rest areas and facilities.
Summary of Significant Amendments
Proposed amendments to § 443.1 (relating to purpose and policy) add a subsection which clarifies that these regulations are applicable to roadside rest areas administered by the Department including Welcome Centers. Proposed amendments also include clarification that it is the intent of Chapter 443 to limit the use of roadside rest areas to those activities conducive to their purpose as a comfortable and convenient place for travelers to take a break from their driving journey to rest, stretch and take advantage of necessary facilities.
Proposed amendments to § 443.2 (relating to prohibited activities or actions) include more specific delineation of activities or actions which are inconsistent with the purpose of the roadside rest areas and are therefore prohibited. Among the newly delineated prohibited activities are making routine vehicle repairs or repairs to vehicles unless the vehicle has been placed out of service by law enforcement and the repair can be accomplished within 2 hours. The following are also prohibited: commercial activity unless permitted by the Department through written agreement; skateboarding and other similar activities; camping or setting up a tent; distribution of written materials except on terms as the Department may permit; and the use of a roadside rest area for special events unless permitted by the Department. Potentially disruptive activity that could interfere with the function and restful purpose of a rest area, such as solicitation, harassment, intimidation, picketing, demonstrating, oration and activity which impedes the movement of pedestrians or the flow of traffic, is expressly prohibited.
The prohibition against picketing, demonstrations and oration is not violative of the First Amendment guarantees of free speech. The courts have distinguished between forums that have been traditionally or historically open and available for public speech and expression, designated public forums specifically opened or designated by the government for speech or expressive activity and those not traditionally or explicitly designated as a public forum. The courts have found roadside rest areas to fall within this last category and that public expression can be restricted.
Proposed § 443.4 (relating to limitation on parking or standing of vehicles) establishes a clear 2-hour limitation on the length of time vehicles may be parked or left standing at roadside rest areas. Vehicles left unattended for more than 24 hours will be considered abandoned and removed at the owner's expense. Vehicles placed out of service by law enforcement which cannot be repaired on site within 2 hours must be towed to an appropriate repair facility.
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 July 17, 2012, 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
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin following appropriate evaluation of comments, suggestions or objections received during the public comment period. 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 effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Diane M. Chamberlin, Director, Bureau of Office Services, Department of Transportation, 400 North Street, Harrisburg, PA 17105, (717) 783-8869, dchamberli@pa.gov 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 Terrence G. Pearsall, Jr., Acting Division Chief, Facility Management Division, Bureau of Office Services, Department of Transportation, 400 North Street, Harrisburg, PA 17105-3451, (717) 787-0466, fax (717) 787-0462, tpearsall@pa.gov.
BARRY J. SCHOCH, P.E.,
SecretaryFiscal Note: 18-431. 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 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.] Failure to comply with 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.
(3) Driving or parking of a vehicle in areas other than those provided.
(4) Defacing or damaging buildings or other facilities.
[(4)] (5) Igniting or maintaining fires for heating or cooking equipment, except in areas or facilities designed for the purpose.
[(5)] (6) 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 [therefor] for that purpose. Disposing of camping, sewage or household refuse in [this area] these areas is prohibited.
[(6)] (7) Consumption of alcoholic beverages or the use, possession or delivery of controlled substances.
[(7)] (8) 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)] (9) 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 or when the vehicle has been placed out of service by law enforcement after roadside inspection and the repairs needed to return the vehicle to service can be completed within the 2-hour parking limitation in § 443.4 (relating to limitation on parking or standing of vehicles).
[(9)] (10) Release of pets or unloading of livestock.
(i) Animals on leashes [shall be] are permitted only in areas designated as pet [area] areas.
(ii) Pets may be permitted off-leash in designated fenced-in areas.
(iii) Seeing-eye and service dogs are not restricted.
[(10)] (11) Picking, cutting, breaking, damaging or abuse of plants or vegetation or parts thereof.
[(11)] (12) Use of the area or facilities for bathing or washing of garments or clothing.
[(12)] (13) 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 rest areas along limited access rights of way or vending, communication facilities and other commercial activities serving the needs of the traveling public in rest areas not along limited access rights of way.
[(13)] (14) Driving a motor vehicle in excess of 25 miles per hour, except on entrance or exit ramps.
[(14)] (15) Use of the area or facilities when closed for the season or closed for any other reason.
[(15)] (16) Engaging in loud, boisterous or abusive conduct or engaging in or soliciting lewd or lascivious conduct, including, but not limited to, sexual intercourse, indecent exposure, open lewdness or prostitution.
(17) Skateboarding, rollerblading, skating, biking, sledding or riding of all-terrain vehicles.
(18) 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.
(19) Smoking in areas designated as ''no smoking.''
(20) Distributing written materials except on terms and conditions the Department deems appropriate.
(21) 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 terms and conditions the Department deems appropriate.
(22) Other potentially disruptive activities that interfere with the proper functioning of the rest area for the purposes in § 443.1 (relating to purpose and policy), including:
(i) Soliciting, harassing, intimidating or coercing travelers.
(ii) Impeding the movement of pedestrians or interrupting traffic flow.
(iii) Picketing, demonstrating or performing oration or similar activities.
§ 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.
(Editor's Note: The following section is new and printed in regular type to enhance readability.)
§ 443.4. Limitation on parking or standing of vehicles.
(a) 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 is prohibited.
(b) 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.
(c) Vehicles which have been placed out of service by law enforcement after roadside inspection, when the repairs needed to return the vehicle to service cannot be completed within 2 hours, should be towed for repair to an appropriate garage or repair facility.
[Pa.B. Doc. No. 12-1410. Filed for public inspection July 27, 2012, 9:00 a.m.]
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