PROPOSED RULEMAKING
[67 PA. CODE CHS. 201, 203, 204, 211, 212 AND 217]
Official Traffic Control Devices
[34 Pa.B. 4712] The Department of Transportation (Department), Bureau of Highway Safety and Traffic Engineering, under the authority of 75 Pa.C.S. §§ 3353, 3354, 6103, 6105, 6121, 6122, 6123 and 6123.1, proposes to delete Chapters 201, 203, 204, 211 and 217 and to add Chapter 212 (relating to official traffic control devices) to read as set forth in Annex A. Included as part of Chapter 212, the Department will adopt the National Manual on Uniform Traffic-Control Devices (MUTCD) as published by the Federal Highway Administration (FHWA).
Purpose of 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 in this Commonwealth.
Purpose of the Proposed Rulemaking
With the promulgation of this proposed rulemaking, 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 of rules and regulations by department; and uniform system of traffic-control devices), the 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 in this Commonwealth, incorporating, revising and adding to provisions now found in Chapters 201, 203, 204, 211 and 217.
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 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. The National Conference on Street and Highway Safety followed with a manual for urban streets in 1929. Even at that 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. The joint 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 joint 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 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 where 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. Chapter 212 also contains additional requirements for some official traffic-control devices used in this Commonwealth. The incorporation of these additional regulatory requirements in Chapter 212 may require slight departure from some of the text in certain parts of the MUTCD.
Chapters 201, 203, 204, 211 and 217 are being deleted with the establishment of the Chapter 212:
* Chapter 201 (relating to engineering and traffic studies) contains required study procedures and warrants for the establishment, revision and removal of all traffic restrictions on public highways in this Commonwealth.
* Chapter 203 (relating to work zone traffic control) defines the basic principles and guidelines for the control of traffic within construction, maintenance and utility/permit work zones on highways in this Commonwealth.
* Chapter 204 (relating to guidelines to implement Act 229 of 2002 additional traffic-control devices in highway work zones-statement of policy) defines which projects are active work zones and what additional actions are required in work zones to comply with the recent change in the law.
* Chapter 211 (relating to official traffic control devices).
* Chapter 217 (relating to posting of private parking lots) defines the specific signs required in private parking lots to allow owners to have vehicles towed.
The subject matter in the deleted chapters is addressed in the MUTCD, this proposed rulemaking or in Department publications referenced in this proposed rulemaking.
The significant provisions of the proposed rulemaking include:
1. Section 212.3 (relating to Pennsylvania's Supplement to the MUTCD) provides for a supplement to the MUTCD. This supplement will include the requirements of Chapter 212 and additional information designed to assist in doing engineering and traffic studies, including resource materials, crash rates and so forth.
2. Section 212.5 (relating to installation and maintenance responsibilities) is intended to clarify that local authorities are responsible to maintain Stop Signs and Yield Signs on local road approaches to State-designated highways, in accordance with usual practice. Codifying this responsibility is appropriate since employees of the Department do not normally traverse local roads and would not consequently be able to easily verify whether the signs are in place and positioned at the appropriate location.
This section is also intended to relieve local authorities of the regulatory responsibility of installing and maintaining railroad grade crossing markings on State-designated highways as currently required in § 211.6 (relating to application). 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 official traffic-control devices) will now require the following devices to be approved by the Department to ensure compliance with Federal standards: barricades, citizen band traffic alert radios, speed display signs, stop/slow paddles, temporary pavement marking tapes, temporary traffic barriers, variable speed limit signs and vertical panels.
4. Section 212.11 (relating to metric measurements) 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 212.116 (relating to No Turn on Red Sign (R10-11 sign series)) includes a warrant for the No Turn on Red Signs that was previously included in Chapter 201, but is not included in the MUTCD. The warrant specifically addresses the operational needs to require no-turn-on-red movements when: (1) less then a specific minimum sight distance is available to safely make the turn; (2) more than four intersection legs exist; (3) more than one turn lanes for that movement are present; (4) it conflicts with a high number of at-risk pedestrian movements; and (5) when other unique situations exist.
6. Section 212.123 (relating to tourist-oriented directional signs) stipulates a slightly larger tourist oriented directional sign than is included in the MUTCD. The ''Pennsylvania standard'' is the same size used for the last 10 years and because it is slightly taller than the MUTCD size, it eliminates the crowding of the two lines of legend and improves the sign legibility.
7. Section 212.202 (relating to no-passing zones) contains additional situations where no-passing zones may be warranted, but are not currently included in the MUTCD. These additional warrants were previously included in § 201.53 (relating to no-passing zones). Additional criteria defining where no-passing zones should physically start is also included in this section.
8. Section 212.203 (relating to delineation) provides more flexibility in the height of delineation the MUTCD. It was determined that for practicality purposes, it is difficult to always comply with the 4-foot height specified in the MUTCD since the elevation of highway shoulders are not always uniform and it would be difficult to always install delineation at an elevation exactly 4 feet above the near edge of the road surface.
9. Section 212.302(b) (relating to traffic-control signals) adopts the MUTCD's eight warrants for traffic-control signals. While the Commonwealth's warrants are generally similar to the warrants in the MUTCD, the warrant numbers were different. The adoption of the MUTCD numbers will bring Commonwealth'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). The ''ADT Volume Warrant'' currently in Chapter 201 is proposed for inclusion in Chapter 212.
10. Subchapter E (relating to temporary traffic control) will bring the Commonwealth's requirements for traffic-control in work zones into general conformity with practices in other states, and add the additional signs in work zones required to comply with the act of December 23, 2002 (P. L. 1982, No. 229).
Persons and Entities Affected
The proposed rulemaking affects the Commonwealth, the 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.
Contractors and highway agencies may have some modest savings since fewer traffic-control devices will be required in some construction and maintenance projects. In addition, consultants and suppliers of traffic-control devices should be able to be more efficient due to increased uniformity from state to state.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 17, 2004, 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 shall 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 Date
The Department is not establishing a sunset date for these regulations, since the regulations are needed to administer provisions required under 75 Pa.C.S. (relating to 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 Arthur H. Breneman, P. E., Chief, Traffic Engineering and Operations Division, Commonwealth Keystone Building, 6th Floor, 400 North Street, Harrisburg, PA 17120-0064 within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person is Arthur H. Breneman, P. E., Chief, Traffic Engineering and Operations Division, Commonwealth Keystone Building, 6th Floor, 400 North Street, Harrisburg, PA 17120-0064, (717) 787-3620.
ALLEN D. BIEHLER, P. E.,
SecretaryFiscal Note: 18-392. No fiscal impact; (8) recommends adoption.
(Editor's Note: The Department has withdrawn the proposal regarding official traffic control devices which appeared at 33 Pa.B. 1930 (April 19, 2003).)
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 (296247), (296248), (212955) 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 (300655), (300656), (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 204. (Reserved) (Editor's Note: The Department is proposing to delete Chapter 204 in its entirety. The present text of Chapter 204 appears at 67 Pa. Code pages 204-1--204-8, serial pages (300657) to (300663).)
§§ 204.1--204.6. (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 217. (Reserved) (Editor's Note: The Department is proposing to delete Chapter 217 in its entirety. The present text of Chapter 217 appears at 67 Pa. Code pages 217-1--217-3, serial pages (260031), (260032) and (282253).)
§§ 217.1--217.4. (Reserved).
CHAPTER 212. OFFICIAL TRAFFIC-CONTROL DEVICES Subch.
A. GENERAL PROVISIONS B. SIGNS C. MARKINGS D. HIGHWAY TRAFFIC SIGNALS E. TEMPORARY TRAFFIC CONTROL F. TRAFFIC CONTROLS FOR SCHOOL AREAS G. TRAFFIC CONTROLS FOR BICYCLE FACILITIES H. SPECIAL EVENTS 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. Installation and maintenance responsibilities. 212.6. Removal of traffic hazards. 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:
ADT--Average daily traffic--The total volume of traffic during a number of whole days--more than 1 day and less than 1 year--divided by the number of days in that period.
Active work zone--The portion of a work zone where construction, maintenance or utility workers are on the roadway or on the shoulder of the highway, and workers are adjacent to an active travel lane. Workers are not considered adjacent to an open travel lane if they are protected by a traffic barrier and no ingress or egress to the work zone exists through an opening in the traffic barrier.
Advisory speed--The recommended speed for vehicles operating on a section of highway based on the highway design, operating characteristics and conditions. When posted, the speed is displayed as a warning sign; that is, either a black-on-yellow or a black-on-orange sign.
Angle parking--Parking, other than parallel parking, which is designed and designated so that the longitudinal axis of the vehicle is not parallel with the edge of the roadway.
Assemblage--
(i) An organized gathering of people without vehicles, or with vehicles that are stationary, which encroaches onto a street or highway and interferes with the movement of pedestrian or vehicular traffic.
(ii) The term includes street fairs, block parties and other recreational events.
Bureau--The Bureau of Highway Safety and Traffic Engineering, which is the office of the Department responsible for traffic regulations and statewide policies regarding traffic-control devices.
City of the first and second class--A city so classified in accordance with section 1 the act of June 25, 1895 (P. L. 275, No. 188) (53 P. S. § 101), known as the City Classification Law.
Conventional highway--A highway other than an expressway or a freeway.
Corner sight distance--
(i) Available corner sight distance--The maximum measured distance along a crossing highway which a driver stopped at a side road or driveway along that highway can continuously see another vehicle approaching. For the purpose of measuring the available sight distance, the height of both the driver's eye and the approaching vehicle should be assumed to be 3.5 feet above the road surface. In addition, the driver's eye should be assumed to be 10 feet back from the near edge of the highway or the near edge of the closest travel lane if parking is permitted along the highway.
(ii) Minimum corner sight distance--The minimum required corner sight distance based on engineering and traffic studies, to ensure the safe operation of an intersection. The minimum value is a function of the speed of the approaching vehicles and the prevailing geometrics.
Crash--
(i) A collision involving one or more vehicles.
(ii) Unless the context clearly indicates otherwise, the term only includes those collisions that require a police report; that is, the collision 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.
Delineator--A retroreflective device mounted on the road surface or at the side of the roadway in a series to indicate the alignment of the roadway, especially at night or in adverse weather.
85th percentile speed--The speed on a roadway at or below which 85% of the motor vehicles travel.
Engineering and traffic study--An orderly examination or analysis of physical features and traffic conditions, conducted in accordance with this chapter 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, as adopted by the Federal Highway Administration (FHWA), and available on the FHWA website.
Narrow bridge or underpass--A bridge, culvert or underpass with a two-way roadway clearance width of 16 to 18 feet, or any bridge, culvert or underpass having a roadway clearance less than the width of the approach travel lanes.
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, consisting of one, two, or three digits, sometimes with an additional designation such as business route, truck route or other similar designation.
Private parking lot--A privately owned parking lot open to the public for parking with or without restriction or charge.
Procession--
(i) An organized group of individuals, or individuals with vehicles, animals or objects, moving along a highway on the roadway, berm or shoulder in a manner that interferes with the normal movement of traffic.
(ii) The term includes walks, runs, parades and marches.
Roadway--That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the sidewalk, berm or shoulder. If a highway includes two or more separate roadways, the term refers to each roadway separately but not to all roadways collectively.
Safe-running speed--The average speed for a portion of highway determined by making a minimum of five test runs while periodically recording the speed at different locations while driving at a speed which is reasonable and prudent, giving consideration to the available corner and stopping sight distance, spacing of intersections, roadside development and other conditions.
Sales Store--The Department facility that sells maps and publications.
School--A public, private or parochial facility for the education of students in grades kindergarten through 12.
School zone--A portion of a highway that at least partially abuts a school property or extends beyond the school property line that is used by students to walk to or from school or to or from a school bus pick-up or drop-off location at a school.
Secretary--The Secretary of the Department.
Special activity--
(i) An organized vehicle race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or any other type of event conducted for the purpose of making a speed record.
(ii) The term includes those races defined in 75 Pa.C.S. § 3367 (relating to racing on highways).
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.
Stopping sight distance--The length of highway over which a 2-foot high object on the roadway is continuously visible to the driver, with the driver's eye height assumed to be 3.5 feet above the road surface.
TTC--Temporary traffic control--An area of a highway where road user conditions are changed because of a work zone or incident by use of temporary traffic-control devices, flaggers, police officers or other authorized personnel.
TTC plan--A plan for maintaining traffic through or around a work zone.
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 traffic-control device when the signs or devices are erected as provided in this chapter.
(ii) The term includes all expressways and freeways.
Traffic calming--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 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.
Traffic restriction--A restriction designated by a traffic-control device to regulate the speed, direction, movement, placement or kind of traffic using any highway.
Traffic signal--
(i) A power-operated traffic-control device other than a sign, warning light, flashing arrow panel or steady-burn electric lamp.
(ii) The term includes traffic-control signals, pedestrian signals, beacons, in-roadway warning lights, lane-use-control signals, movable bridge signals, emergency traffic signals, firehouse warning devices, ramp and highway metering signals and weigh station signals.
Warrant--A description of the threshold conditions to be used in evaluating the potential safety and operational benefits of traffic-control devices based upon average or normal conditions.
Work zone--The area of a highway where construction, maintenance or utility work activities are being conducted, and in which traffic-control devices are required in accordance with this chapter.
§ 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 uniform system of traffic-control devices), the Department hereby adopts 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 60 days after the effective date specified by the Federal Highway Administration 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 MUTCD.
The Department will publish a supplement to the MUTCD.
(1) The supplement will include the requirements for official traffic-control devices contained in this chapter, and additional guidance information, including the following:
(i) How to determine various elements associated with engineering and traffic studies.
(ii) How to obtain crash rates for various types of roads.
(iii) How to measure the various types of sight distance, where national study data is located.
(iv) Other guidance.
(2) The supplement will be called Official Traffic-Control Devices (Department Publication 212).
§ 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, provided 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 warrants covered in this chapter justify the existing traffic restriction.
(2) The condition that originally justified the restriction no longer exists.
(d) Warrants no substitute for engineering judgment. Warrants established under this chapter provide the threshold for consideration of the installation of a traffic-control device, but are not a substitute for engineering judgment. The fact that a warrant for a particular traffic-control device is met is not conclusive justification for the installation of the device.
(e) 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 expire at the end of the emergency.
§ 212.5. Installation and maintenance responsibilities.
(a) Authority to erect traffic-control devices. The delegation of responsibilities for the installation and maintenance of traffic-control devices is in accordance with 75 Pa.C.S. §§ 6122 and 6124 (relating to authority to erect traffic-control devices; and erection of traffic-control devices at intersections).
(b) Traffic-control devices on State-designated highways.
(1) Conventional highways.
(i) Local authorities may not revise or remove any traffic-control device installed by the Department or by a contractor for the Department without written approval of the Department.
(ii) Cities of the first and second class are responsible for the installation, revision, removal, maintenance and operation of all traffic-control devices on the highways within their city boundaries. Department approval is not required, except as follows:
(A) As may be required in an agreement between the city and the Department.
(B) Department approval is required for traffic signals if the city does not have municipal traffic engineering certification in accordance with Chapter 205 (relating to municipal traffic engineering certification).
(iii) Local authorities other than cities of the first and second class shall obtain written Department approval before installing any new, or revising or removing any existing traffic-control device unless noted otherwise in this chapter or as provided in an agreement with the Department.
(iv) Local authorities are responsible for the installation, revision, maintenance and removal of the following devices, and Department approval is not required:
(A) Stopping, standing or parking signs (R7 and R8 Series).
(B) Street name signs (D3 Series).
(C) Crosswalk markings.
(D) Parking stall markings, except written Department approval is required prior to creating new angle parking.
(E) Curb markings.
(F) Parking meters.
(v) Local authorities, or other agencies as indicated, are responsible for installing, maintaining and operating the following traffic-control devices, subject to Department approval prior to any change in the traffic restriction:
(A) Traffic signals, and all associated signs and markings included on the Department-approved traffic signal plan.
(B) Speed Limit Signs (R2-1) for speed limits of 35 miles per hour or less. The Department will be responsible for all hazardous grade speed limits and bridge speed limits, and for all speed limits at Department rest areas, welcome centers and weigh stations.
(C) Stop lines and yield lines at intersections.
(D) Pedestrian group signs (R9 Series).
(E) Traffic signal group signs (R10 Series).
(F) Street Closed (____) to (____) Sign (R11-10).
(G) Snowmobile Road (____) Closed to All Other Vehicles Sign (R11-11).
(H) All Trucks Must Enter Weigh Station Sign (R13-1-1) and Weigh Station signs (D8 Series) for weigh stations not owned or operated by the Department.
(I) Railroad Crossbuck Sign (R15-1), Track Sign (R15-2), Emergency Notification Sign (I-13a), and other signs, gates, or lights that are within the railroad company's right-of-way, shall be installed by the railroad company.
(J) Signal Ahead Sign (W3-3).
(K) Entrance and crossing signs (W11 Series), which warn of possible crossings by pedestrians, hikers, cattle, farm equipment, ATVs, fire apparatus, and so forth, except the Deer Crossing Sign (W11-3), Elk Crossing Sign (W11-3A), Horsedrawn Vehicle Sign (W11-11), Left Turns and Cross Traffic Sign (W11-21), Left Turns Sign (W11-21-1) and Watch for Turns Sign (W11-21-2) will be the responsibility of the Department.
(L) Children group signs (W15 Series).
(M) Parking Area Sign (D4-1).
(N) Telephone directional signs (D9-1 series), which shall be installed by the telephone company.
(O) Bicycle Route Sign (D11-1).
(P) Traffic Signal Speed Sign (I1-1).
(Q) Trail group signs (I4 Series).
(R) Snowmobile and all terrain vehicles group signs (I12 Series).
(S) School zone speed limits, and all school signs (S Series).
(T) Pavement markings for mid-block crosswalks.
(U) Pavement markings for bicycles such as the bicycle lane symbol.
(2) Expressways and freeways. Local authorities may not install, revise or remove a traffic-control device on expressways or freeways without written Department approval. This also applies to traffic-control devices at intersections with these highways unless noted otherwise in this chapter.
(c) Traffic-control devices on 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, maintenance, operation, and removal of any traffic-control device on highways under their jurisdictions, except local authorities shall obtain written Department approval for the following two items:
(1) Installing, revising or removing any school zone speed limit or traffic signal on local highways, except Department approval is not required for cities of the first and second class, and other local authorities that have municipal traffic engineering certification in accordance with Chapter 205 (relating to municipal traffic engineering certification).
(2) Revising or removing a traffic-control device installed in accordance with an agreement between the local authorities and the Department.
(d) Traffic-control devices on local highway approaches to intersections with State-designated highway.
(1) The Department is responsible to establish the traffic control at intersections of local highways and State-designated highways, including the local highway approaches, but local authorities are responsible to maintain traffic-control devices required to control traffic on the local highway approaches. At new intersections, local authorities or developers are responsible for installing and maintaining these devices as required by a highway occupancy permit issued in accordance with Chapter 441 (relating to access to and occupancy of highways by driveways and local roads).. The traffic-control devices to be maintained on local roadways include, as applicable the following:
(i) Stop Signs (R1-1) and Yield Signs (R1-2).
(ii) Stop lines and yield lines.
(iii) No Right Turn Signs (R3-1), No Left Turn Signs (R3-2), No Turns Signs (R3-3), Left Turn Signs (R3-5), Left Lane Must Turn Left Signs (R3-7L), Do Not Enter Signs (R5-1), One-Way Signs (R6 Series) and other similar type traffic restriction, prohibitions or lane control signs.
(2) Local authorities are responsible to determine the need for any Stop Ahead Signs (W3-1) and Yield Ahead Signs (W3-2) on local highway approaches to State-designated highways, and for installing and maintaining any warranted signs.
(e) Police authority. Police officers may install temporary traffic-control devices on any highway without approval from the Department or the local authorities. These traffic-control devices may be used to close highways during emergencies, to weigh or inspect vehicles, to establish sobriety checkpoints or to conduct other enforcement programs or activities.
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