RULES AND REGULATIONS
Title 22--EDUCATION
STATE SYSTEM OF HIGHER EDUCATION
[22 PA. CODE CH. 507]
Operation of Motor Vehicles on State System of Higher Education Facilities
[30 Pa.B. 4897] The Board of Governors of the State System of Higher Education proposes a revision to its regulations relating to the operation of motor vehicles on State System facilities, in §§ 507.13 and 507.14.
The revision would amend § 507.13(c) (relating to crimes and offenses relating to the operation and parking of a motor vehicle), by authorizing the Board of Governors to set the amounts of fines for each campus or facility upon the recommendation of the chancellor or the respective university president. The change followed legislative action in amending section 2006-A of the Public School Code of 1949 (24 P. S. § 20-2006-A(a)(13.1)) to permit the Board to set the amounts for fines for violations of the rules respecting the use, parking and operation of motor vehicles on State System facilities, which may exceed the amounts which municipalities are authorized to assess for these offenses under 75 Pa.C.S. (relating to Vehicle Code). The final-form regulation would enhance the ability of the State System to regulate and deter the violation of parking and operational rules, thus alleviating congestion, speeding, reckless driving and other activities which may threaten the health, welfare and safety of individuals residing on or using State System facilities.
The following comments were received from the Independent Regulatory Review Commission (IRRC):
1. IRRC requested that the State System include in Item Number 20 on the Regulatory Analysis Form the fiscal impact of the regulation. A sentence was added to that item number indicating that the amendments would have no adverse fiscal impact and that costs would be recovered through fines and fees.
2. IRRC noted that in the Preamble under ''Sunset Review'' section 2006-A(a) (13.1) of the Public School Code should be cited instead of the Crimes Code, 18 Pa.C.S. § 7705. This change was made.
3. IRRC recommended that we include the process that the Board of Governors will use for fine adjustments in § 507.13(c). Two sentences were added to § 507.13(c) indicating that the chancellor shall submit requests from the presidents to the Board of Governors on an annual basis and that the Board of Governors will vote in public session to approve or deny the recommended adjustments.
4. IRRC recommended that we also include in § 507.13(c) a notification provision similar to § 507.14(c) (relating to fines). A sentence was added indicating that notice of the amounts of the fines shall be contained in the published parking rules for each campus or facility.
No comments were received from the Education Committees nor the public.
Fiscal Impact
The final-form regulations would have no adverse fiscal impact. Costs would be recovered through fines and fees.
Statutory Authority
The statutory authority for the final-form regulation is section 2006-A of the Public School Code of 1949.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the State System submitted a copy of the notice of proposed rulemaking, published at 30 Pa.B. 1378 (February 24, 2000), to IRRC and the Chairpersons of the House Education Committee and the Senate Education Committee for review and comment.
In compliance with section 5(c) of the Regulatory Review Act, the State System also provided IRRC and the Committees with copies of all comments received, as well as other documentation. In preparing these final-form regulations the State System has considered the comments received from IRRC, the Committees and the public.
These final-form regulations were deemed approved by the House and Senate Committees on August 18, 2000. IRRC met on August 10, 2000, and approved the regulations in accordance with section 5.1(e) of the Regulatory Review Act (71 P. S. § 745.5a(e)).
Sunset Review
This is an ongoing regulation made necessary by section 2006-A(a)(13.1) of the Public School Code of 1949, to facilitate enforcement of traffic laws at State System facilities. It is periodically reviewed by the Office of the Chancellor.
Contact Person
Persons with questions or desirous of further information about the final-form revision may contact Robert A. Mulle, Chief Legal Counsel, State System of Higher Education, Dixon University Center, 2986 North Second Street, Harrisburg, PA 17110, (717) 720-4030.
Order
The State System, acting under the authorizing statutes, orders that:
(a) The regulations of the State System, 22 Pa. Code Chapter 507, are amended by amending §§ 507.13 and 507.14 to read as set forth in Annex A.
(b) The State System shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The State System shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
JAMES H. MCCORMICK,
Chancellor(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 30 Pa.B. 4480 (August 25, 2000).)
Fiscal Note: Fiscal Note 71-7 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 22. EDUCATION
PART XVII. STATE SYSTEM OF HIGHER EDUCATION
CHAPTER 507. FINANCE AND ADMINISTRATION § 507.13. Crimes and offenses relating to the operation and parking of a motor vehicle.
(a) Operation. Each of the following activities constitutes a summary offense under 18 Pa.C.S. § 7505 (relating to violation of governmental rules regarding traffic) when committed on a System facility.
(1) Operation of a motor vehicle on a highway at a speed in excess of the maximum posted limit.
(2) Operation of a motor vehicle on a highway posted as closed to motor vehicles.
(3) Operation of a motor vehicle without snow tires or chains on a designated snow emergency route during a declared snow emergency.
(4) Operation of a motor vehicle causing noise which is unreasonably loud, raucous, jarring, disturbing or a nuisance to persons within the area of audibility.
(5) Operation of a motor vehicle being used for business or commerce without specific written approval from the facility's chief executive officer.
(6) Operation of a motor vehicle in areas not designated for operation of motor vehicles.
(b) Parking. Each of the following activities constitutes a summary offense under 18 Pa.C.S. § 7505 when conducted on a System facility.
(1) Parking a motor vehicle other than in a designated or posted parking area.
(2) Parking a motor vehicle which obstructs a gate, road, bicycle path, access way, drinking fountain, entrance, exit or road turnaround.
(3) Parking a motor vehicle in an area which is posted or closed, without written approval of the facility's chief executive officer or a designee.
(c) Fines. The Board of Governors (Board) will set the amounts of the fines for each campus or facility upon the recommendation of the chancellor or the respective university president.
(1) The chancellor shall submit requests from the presidents to the Board on an annual basis. The Board will vote in public session to approve or deny the recommended adjustments.
(2) Notice of the amounts of the fines shall be contained in the published parking rules for each campus or facility.
§ 507.14. Enforcement.
(a) Towing. A vehicle parked on a highway, parking area, or any other area in violation of parking rules may be towed at the owner's expense, upon authorization of the facility's chief executive officer or a designee.
(b) Booting. An immobilizing device may be placed on any vehicle with three or more delinquent tickets to compel payment of fines. A service charge, not to exceed $50 may be assessed for the removal of immobilizers.
(c) Notice of towing and booting. Notice of towing and booting shall be contained in the published parking rules of facilities engaging in either practice.
(d) Tow-away areas. Tow-away areas shall be posted with tow-away signs.
[Pa.B. Doc. No. 00-1630. Filed for public inspection September 22, 2000, 9:00 a.m.]
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