§ 212.8. Use, test, approval and sale of traffic-control devices.
(a) Statutory requirements. Under 75 Pa.C.S. § 6127 (relating to dealing in nonconforming traffic-control devices), it is unlawful for a person to manufacture, sell, offer for sale or lease for use on the highway, any traffic-control device unless it has been approved and is in accordance with this title.
(b) Devices requiring Department approval. Department approval is required prior to the sale or use of the following types of traffic-control devices on any highway:
(1) Delineation devices, including flexible delineator posts, guide rail and barrier-mounted delineators and raised pavement markers.
(2) Pavement marking materials including paint, epoxy, polyesters, methyl methacrylate, thermoplastic, preformed tapes and glass beads.
(3) Retroreflective sheeting materials used for traffic-control devices.
(4) Traffic signal equipment, including the following:
(i) Controller units.
(ii) Signal heads—lane-use traffic-control, pedestrian, and vehicle.
(iii) Detectors—pedestrian and vehicle.
(iv) Load switches.
(v) Flasher units.
(vi) Time clocks.
(vii) Relays.
(viii) Preemption and priority control equipment.
(ix) Electrically-powered signs—variable speed limit signs, blank-out signs and internally illuminated signs, including School Speed Limit Signs.
(x) Portable traffic-control signals.
(xi) Local intersection coordinating units.
(xii) Dimming devices.
(xiii) In-roadway warning lights.
(xiv) Auxiliary devices and systems.
(5) Traffic signs and the associated breakaway sign supports.
(6) Work zone traffic-control devices, including the following:
(i) Arrow panels.
(ii) Barricades.
(iii) Citizen band traffic alert radios.
(iv) Cones.
(v) Crash cushions.
(vi) Drums.
(vii) Portable changeable message signs.
(viii) Portable traffic sign supports.
(ix) Speed display signs, as used to inform motorists of the speed of their vehicles.
(x) Stop/slow paddles.
(xi) Temporary pavement marking tapes.
(xii) Temporary traffic barrier.
(xiii) Tubular markers.
(xiv) Variable speed limit signs.
(xv) Vertical panels.
(xvi) Warning lights.
(7) Yield to pedestrian channelizing devices, which are designed for placement between lanes of traffic to remind motorists to yield to pedestrians in crosswalks.
(c) Approval procedure. A manufacturer or person desiring approval for the sale, use or lease of one or more of the devices listed in subsection (b) shall contact the Bureau of Highway Safety and Traffic Engineering.
(d) Listing of approved traffic-control devices. Approved traffic-control devices will be listed in the Department’s Approved Construction Materials (Department Publication 35), available from the Department’s Sales Store or through the Department’s website.
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