PROPOSED RULEMAKING
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 101 ]
Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic
[44 Pa.B. 7069]
[Saturday, November 8, 2014]The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 3102 and 6103 (relating to obedience to authorized persons directing traffic; and promulgation of rules and regulations by department), proposes to amend Chapter 101 (relating to authorizing appropriately attired persons to direct, control or regulate traffic) to read as set forth in Annex A.
Purpose of Chapter 101
The purpose of Chapter 101 is to identify those persons, other than uniformed police officers, who are authorized to direct, control or regulate traffic and to prescribe minimum suitable safety attire in accordance with 75 Pa.C.S. § 3102.
Purpose of the Proposed Rulemaking
The purpose of this proposed rulemaking is to update the list of authorized persons and the requirements for safety apparel to be worn by persons directing, controlling and regulating traffic. Chapter 101 will be amended to reflect industry practices that are consistent with standards established by the Federal Highway Administration (FHWA) and the Department's policies relative to persons directing, controlling and regulating traffic.
Summary of Significant Amendments
Section 101.2(2) (relating to persons authorized to direct traffic) is proposed to be amended to authorize adult school crossing guards to also assist the ingress and egress of school buses and school vans to and from a school.
Section 101.2(7) is proposed to be amended to reflect that Department of Conservation and Natural Resources personnel are authorized to direct, control and regulate traffic.
Section 101.2(8) is proposed to be added to include persons controlling traffic at authorized parades, processions or other public assemblies.
Section 101.2(9) is proposed to be added to include persons assisting the ingress and egress of traffic from an industrial or mineral extraction site.
Section 101.3 (relating to minimum attire) is proposed to be amended to meet FHWA and Department high-visibility safety apparel requirements for authorized persons within the highway's right-of-way. High-visibility safety apparel is described as personal protective safety clothing that is intended to provide conspicuity during daytime and nighttime usage that meets the Performance Class 2 or 3 requirements of the American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) 107-2004, ''American National Standard for High-Visibility Safety Apparel and Headwear.'' The proposed amendments also authorize emergency and incident responders to wear high-visibility safety apparel that meets the requirements of ANSI/ISEA 207-2006 Publication 6, ''American National Standard for High-Visibility Public Safety Vests.'' The high-visibility safety apparel must be fluorescent orange, fluorescent yellow-green or a combination of these colors.
Proposed amendments to § 101.4 (relating to emergencies) clarify that anyone may temporarily direct traffic at the scene of an emergency until an authorized person as identified in Chapter 101 arrives. Proposed amendments to § 101.4 also define ''emergency.''
Persons and Entities Affected
This proposed rulemaking will affect persons who are authorized to direct, control or regulate traffic in accordance with this chapter and 75 Pa.C.S. § 3102.
Fiscal Impact
This proposed rulemaking should not require the expenditure of additional funds by the Commonwealth, local municipalities or persons referenced in § 101.2 and 75 Pa.C.S. § 3102 as the regulated community has already incurred costs to meet FHWA standards that are already followed by the regulated community.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 28, 2014, 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 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) and FHWA standards. The Department, however, will continue to closely monitor these regulations for their effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding the proposed rulemaking to Glenn C. Rowe, PE, Acting Chief, Highway Safety and Traffic Operations Division, Bureau of Maintenance and Operations, Department of Transportation, Commonwealth Keystone Building, 400 North Street, 6th Floor, Harrisburg, PA 17120, glrowe@pa.gov within 30 days of publication of this proposed rulemaking in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about this proposed rulemaking is Glenn C. Rowe, PE, Acting Chief, Highway Safety and Traffic Operations Division, Bureauof Maintenance and Operations, Department of Transportation, Commonwealth Keystone Building, 400 North Street, 6th Floor, Harrisburg, PA 17120, (717) 783-6479, glrowe@pa.gov.
BARRY J. SCHOCH, PE,
SecretaryFiscal Note: 18-461. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE VI. OPERATION OF VEHICLES
CHAPTER 101. AUTHORIZING APPROPRIATELY ATTIRED PERSONS TO DIRECT, CONTROL OR REGULATE TRAFFIC § 101.1. Purpose.
This chapter indicates those persons, other than a uniformed police [officers] officer, sheriff, constable or, in an emergency, a railroad or street railway police officer, who are authorized to direct, control or regulate traffic, and [to prescribe minimum suitable attire and equipment for those persons] prescribes minimum suitable safety apparel.
§ 101.2. Persons authorized to direct traffic.
The following persons are authorized to direct, control or regulate traffic:
(1) Traffic control persons on utility, maintenance or construction projects.
(2) Adult school crossing guards for assisting school children across busy or hazardous highways or for assisting the ingress or egress of school buses and school vans to and from a school.
(3) Railroad crossing guards at railroad grade crossings, for purposes of stopping vehicular traffic to permit the safe passage of trains.
(4) Civil defense, National Guard and military police while performing their regular duties or during National or local emergencies.
(5) Personnel of emergency organizations such as, but not limited to, fire departments, hospitals, river rescue associations, ambulance associations and personnel of emergency vehicles designated by the State Police under 75 Pa.C.S. § 6106 (relating to designation of emergency vehicles by the Pennsylvania [police] State Police) while performing their duties.
(6) Highway service vehicle personnel of tow trucks and road service vehicles.
(7) [Park Maintenance Supervisors, Park Rangers I and Environmental Education Specialists of the Department of Environmental Resources, Bureau of State Parks, who have completed the Department of Environmental Resources' Traffic Control Training Course, while performing their official duties.] Department of Conservation and Natural Resources personnel while performing their official duties.
(8) Persons controlling traffic at authorized parades, processions or other public assemblies. These persons shall have successfully completed and participated in a formal flagging procedures and guidelines training course as defined and outlined by the Department.
(9) Persons assisting to improve highway safety by the directing, control or regulation of traffic volumes created by the ingress or egress to or from a commercial, industrial, manufacturing, agricultural, or natural resource or mineral extraction operation. These persons shall have successfully completed and participated in a formal flagging procedures and guidelines training course as defined and outlined by the Department.
(10) Persons authorized by 75 Pa.C.S. § 3102 (relating to obedience to authorized persons directing traffic).
§ 101.3. Minimum attire.
[This section sets forth standards for minimum attire and equipment so that persons directing, controlling or regulating traffic are easily distinguishable and so that their directions can be understood.
(1) Traffic control persons on utility, maintenance or construction projects shall wear orange, fluorescent red-orange or fluorescent yellow-orange vests and a protective helmet. In addition, they shall be equipped with a flagman traffic control sign, a paddle with a Stop sign on one face and a Slow sign on the opposite face, as described in Publication 203 of the Department.
(2) Adult school crossing guards shall wear as a minimum a safety vest or safety belt manufactured from retroreflective and fluorescent material visible both day and night at 300 feet to approaching motorists.
(3) Members of the National Guard or military police shall wear their official uniforms and members of the civil defense shall wear their official arm bands and white hats or other distinctive clothing.
(4) Emergency vehicle personnel and Park Maintenance Supervisors, Park Rangers I and Environmental Education Specialists of the Department of Environmental Resources, Bureau of State Parks, shall wear their official uniform or shall utilize a red flag to control traffic during daylight hours and a flashlight with a red luminaire during hours of darkness. A firefighter's hat is sufficient attire for a firefighter and an official hat and badge is sufficient attire for fire police.
(5) Personnel of highway service vehicles shall wear red or yellow fluorescent vests which shall be reflectorized for nighttime operations.
(6) Railroad crossing guards shall be equipped with a red flag during daylight hours and with a lighted lantern capable of providing both red and white aspects during the hours of darkness.]
This section sets forth the minimum standards for high-visibility safety apparel for authorized persons directing, controlling or regulating traffic so that they are more easily distinguishable. Authorized persons directing, controlling or regulating traffic as identified in § 101.2 (relating to persons authorized to direct traffic) shall wear high-visibility safety apparel as follows:
(1) High-visibility safety apparel is personal protective safety clothing that is intended to provide conspicuity during daytime and nighttime usage, and that meets the Performance Class 2 or 3 requirements of the American National Standards Institute/International Safety Equipment Association (ANSI/ISEA) 107-2004, ''American National Standard for High-Visibility Safety Apparel and Headwear,'' including future amendments or an equivalent designated by the Department through publication in the Pennsylvania Bulletin.
(2) Emergency and incident responder personnel may wear high visibility safety apparel that meets the performance requirements of the ANSI/ISEA 207-2006 Publication 6, ''American National Standard for High-Visibility Public Safety Vests,'' including future amendments or an equivalent designated by the Department through publication in the Pennsylvania Bulletin.
(3) The high-visibility safety apparel must be fluorescent orange, fluorescent yellow-green, a combination of fluorescent orange and yellow-green, or another color designated by amendments to the ANSI/ISEA or the Department through publication in the Pennsylvania Bulletin.
§ 101.4. Emergencies.
[Nothing in this chapter precludes a person from temporarily directing traffic at the scene of an emergency.]
(a) A person at the scene of an emergency may temporarily direct traffic, with or without being properly attired in high-visibility safety apparel, until an authorized person as identified in § 101.2 (relating to persons authorized to direct traffic) arrives.
(b) An emergency as used in subsection (a) means an unplanned or unforeseen incident that warrants an immediate action to direct, control or regulate traffic to minimize threats to public health or public safety.
[Pa.B. Doc. No. 14-2311. Filed for public inspection November 7, 2014, 9:00 a.m.]
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