RULES AND REGULATIONS
Title 67—TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
[67 PA. CODE CH. 173]
Flashing or Revolving Lights on Emergency and Authorized Vehicles; Temporary Regulations
[54 Pa.B. 5616]
[Saturday, September 7, 2024]The Department of Transportation (Department) under the authority of 75 Pa.C.S. § 4572(b.2)(2) (relating to visual signals on authorized vehicles), promulgates these temporary regulations pertaining to the authorized use of flashing or revolving green lights in addition to yellow or amber lights for highway construction and maintenance vehicles, to read as set forth in Annex A.
Purpose
The purpose of this temporary rulemaking is to set forth temporary regulations governing the addition of green colored flashing or revolving lights for display by highway construction and maintenance vehicles. Section 4572(b.2)(2) of 75 Pa.C.S. grants authority to the Department to promulgate temporary regulations to authorize the use of flashing or revolving green lights, in addition to flashing or revolving yellow or amber lights, on highway construction and maintenance vehicles, as defined in 75 Pa.C.S. § 4572(d). According to research conducted in other states, the human eye can identify green lights more clearly and brightly than traditional yellow or amber lighting. States such as Michigan, Maryland and Wisconsin have implemented green lights on highway maintenance vehicles for some time now. It is anticipated that the addition of flashing or revolving green lights will make these vehicles more visible and enhance highway safety.
Significant Provisions
Significant provisions of this temporary rulemaking include:
Section 173.3(a.1) (relating to display requirements) sets forth the display requirements relating to the use of flashing or revolving lights on emergency and authorized vehicles. This temporary regulation addresses the addition of the authority to include flashing or revolving green lights, when incorporated into one or more light-bar assemblies containing yellow or amber lights on highway construction and maintenance vehicles.
Persons and Entities Affected
These regulations will affect highway construction and maintenance workers which may include the Department, the Pennsylvania Turnpike Commission (Commission), municipalities within this Commonwealth and contractors performing the maintenance and construction activities on behalf of these agencies. The motoring public will be provided green light indications providing an additional visual notification of the location of active work vehicles and devices while they are being used in key maintenance and construction activities.
Fiscal Impact
The Department, the Commission, municipalities within this Commonwealth and contractors are not required to install green lights, and this regulation provides only an option for those that elect to do so. Purchasing and installation costs differ significantly between multiple vehicle systems. In reviewing preliminary data from vendors, costs on average may range between $200 and $2,000 depending on the device and features; consequently, not all entities that are eligible to install green lights will elect to do so.
Budgetary impacts to the Department are not anticipated, as purchasing and installation will be evaluated and prioritized by each Department District County Office and existing staff will support the implementation of this temporary rulemaking.
Regulatory Review
Under 75 Pa.C.S. § 4572(b.2)(2), the Department is authorized to promulgate temporary regulations to facilitate the prompt implementation of the act of July 17, 2024 (P.L. 868, No. 78) (Act 78 of 2024). The temporary regulations adopted by the Secretary are not subject to sections 201—205 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201—1205), referred to as the Commonwealth Documents Law (CDL), the Regulatory Review Act (71 P.S. §§ 745.1—745.14) (RRA) and section 204(b) of the Commonwealth Attorneys Act (71 P.S. § 732-204(b)) (CAA).
It is hereby ordered that this temporary regulation shall be effective upon publication in Pennsylvania Bulletin, subject to the sunset provisions set forth as follows.
Effective Date
The temporary regulation in § 173.3(a.1) will be effective upon publication in the Pennsylvania Bulletin.
Sunset Provisions
Under 75 Pa.C.S. § 4572(b.2)(2), these temporary regulations expire upon promulgation of a final regulation implementing Act 78 of 2024, or no later than 3 years from August 16, 2024.
Contact Person
The contact person for this temporary rulemaking is Daniel Farley, PE, Bureau of Operations, Commonwealth Keystone Building, 400 North Street, Harrisburg, PA 17120, (717) 783-0333.
Findings
The Department finds that:
(1) Under 75 Pa.C.S. § 4572(b.2)(2), the temporary regulation is exempt from the requirements of the RRA, sections 201—205 of the CDL and section 204(b) of the CAA.
(2) The adoption of the temporary regulation is necessary and appropriate for the administration and enforcement of 75 Pa.C.S. § 4572, as amended by Act 78 of 2024.
Order
The Department, acting under 75 Pa.C.S. § 4572(b.2)(2), orders that:
(1) The regulation of the Department, 67 Pa. Code Chapter 173, is amended by amending § 173.3 to read as set forth in Annex A with ellipses referring to the existing text of the regulation.
(2) This temporary regulation is effective upon publication in the Pennsylvania Bulletin.
(3) The Secretary of Transportation shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
MICHAEL CARROLL,
SecretaryFiscal Note: 18-487. No fiscal impact; recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VII. VEHICLE CHARACTERISTICS
CHAPTER 173. FLASHING OR REVOLVING LIGHTS ON EMERGENCY AND AUTHORIZED VEHICLES § 173.3. Display requirements.
(a) Color. Except as provided in subsection (a.1), white, clear, red, blue, amber or yellow are the only colors permitted for use in flashing or revolving lights.
(1) Chromaticity coordinates. A flashing, revolving or oscillating light must meet or exceed the Chromaticity Coordinates, CIE 1931, Standard Colorimetric System as provided in SAE Standard J578d, Color Specification for Electrical Signal Lighting Devices, September 1978 or subsequent SAE Standards. This requirement does not apply to flashing headlamp systems.
* * * * * (10) Hazard warning systems and turn signals. Hazard warning systems and turn signals are not considered flashing lights for the purposes of this chapter.
(a.1) Temporary regulation—Green lights. Under 75 Pa.C.S. § 4572(b.2), a highway construction and maintenance vehicle, as defined in 75 Pa.C.S. § 4572(d), may be equipped with one or more flashing or revolving green lights when incorporated into one or more light-bar assemblies containing yellow or amber lights in accordance with this section. This provision expires upon the promulgation of final regulations implementing the act of July 17, 2024 (P.L. 868, No. 78), but in no event later than August 16, 2027.
(b) 360° visibility. Except for unmarked police vehicles, when flashing or revolving red, blue, yellow or amber lights are mounted on a vehicle, one or more of these lights shall be mounted to provide visibility to vehicles approaching from any direction (360° visibility), regardless of the method of mounting.
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[Pa.B. Doc. No. 24-1248. Filed for public inspection September 6, 2024, 9:00 a.m.]
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