Title 74, TRANSPORTATION

(a) Condemnation.--The commission may condemn, pursuant to 26 Pa.C.S. (relating to eminent domain), any lands, interests in lands, property rights, rights-of-way, franchises, easements and other property deemed necessary or convenient for the construction and efficient operation …

(a) Title.--Title to any property condemned by the commission shall be taken in the name of the commission. (b) Entry.-- (1) In addition to any others powers set forth in this chapter, the commission and its authorized agents and employees may enter upon any lands, waters and pre…

Whenever the commission has condemned any lands, rights, rights-of-way, easements and franchises, or interests therein, as provided in this chapter, the commission may proceed to obtain possession in the manner provided by 26 Pa.C.S. (relating to eminent domain).

(a) Authorization.-- (1) A bond must be authorized by resolution of the commission. The resolution may specify all of the following: (i) Series. (ii) Date of maturity not exceeding 40 years from date of issue. (iii) Interest. (iv) Denomination. (v) Form, either coupon or fully re…

All money received from any bonds, notes or other obligations issued under this chapter shall be applied solely to the payment of the costs of the department, the costs of the turnpikes, the turnpike extensions and improvements and the toll road conversions, including the reconst…

(a) Security for bonds.--In the discretion of the commission, the bonds, notes or other obligations may be secured by a trust indenture by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company, within this …

The accomplishment by the commission of the authorized purposes stated in this chapter being for the benefit of the people of this Commonwealth and for the improvement of their commerce and prosperity, in which accomplishment the commission will be performing essential government…

(a) Establishment and changes in toll amounts.--Subject to the terms of any trust indenture entered into by the commission or any resolution authorizing the issuance of any bonds, notes or other obligations of the commission, the commission is authorized to fix and to revise toll…

(a) Liability of owner.-- (1) If an operator of a vehicle fails to pay the prescribed toll at any location where tolls are collected by means of electronic toll collection, the owner of the vehicle shall be liable to the commission for failure of the operator of the vehicle to co…

The commission is authorized to provide, by resolution, for the issuance of turnpike revenue refunding bonds for the purpose of refunding issued and outstanding turnpike revenue bonds, notes or other obligations. Applicable provisions of this chapter govern all of the following: …

(a) Scope.--This section applies to all of the following: (1) A holder of: (i) a bond, note or other obligation issued under this chapter; or (ii) a coupon attached to the bond, note or other obligation. (2) The trustee under an applicable trust indenture. (b) Enforcement.--Subje…

(a) Agreement with Federal Government.-- (1) The secretary is authorized to enter into an agreement with the United States Department of Transportation, the Federal Highway Administration and any other Federal agency to obtain Federal funds for projects for resurfacing, restoring…

(a) Duty to testify.--Upon request, at least one commission member shall testify at a public hearing before the Appropriations Committee of the Senate and the Appropriations Committee of the House of Representatives each year to present information on turnpike operations and coor…

This chapter shall be regarded as supplemental and additional to powers conferred by other statutes and shall not be regarded as in derogation of any powers now existing and shall be liberally construed to effect its purposes.

This chapter shall apply to the Pennsylvania Turnpike Commission formed or maintained under authority of the act of May 21, 1937 (P.L.774, No.211), referred to as the Pennsylvania Turnpike Commission Act, and the former act of September 30, 1985 (P.L.240, No.61), known as the Tur…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Business." Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, association, organization, s…

(a) General rule.--The following qualifications and restrictions shall apply to members and executive-level employees: (1) A member shall be at least 25 years of age and shall have been a resident of this Commonwealth for a period of at least one year immediately preceding appoin…

(a) Contents.--The commission shall adopt a comprehensive code of conduct within 90 days of the effective date of this section. The code of conduct shall supplement all other requirements under this chapter and shall provide guidelines applicable to members and executive-level em…

(a) General rule.--Notwithstanding any other provision of law, the following acts shall apply to the commission under this chapter: (1) The act of June 21, 1957 (P.L.390, No.212), referred to as the Right-to-Know Law. (2) The act of July 19, 1957 (P.L.1017, No.451), known as the …

(a) General rule.--Because of their outstanding scenic, historic, natural, recreational and archeological characteristics and qualities and because of opportunities for economic development and tourism and for conservation of the outstanding qualities, the following are designate…

(a) General rule.--Because of its outstanding scenic, historic, recreational, cultural and archeological characteristics, the middle portion of U.S. 30 (Bypass), commonly known as the Exton Bypass, is designated as a scenic byway. (b) Effect of designation.--No outdoor advertisin…

(a) General rule.--Because of its outstanding scenic, historic, recreational, cultural and archeological characteristics, the portion of U.S. Route 6 between the intersection of U.S. Route 6 with Route 81 in Dunmore Borough, Lackawanna County, and the intersection of Business Rou…

(a) General rule.--Because of its outstanding scenic, historic, natural, recreational and archeological characteristics and qualities and because of opportunities for economic development and tourism and for conservation of the outstanding qualities along the road, State Route 12…

(a) General rule.--Because designation of the three miles between the interchange with Business Route 6 on the west side of Tunkhannock Borough to the Business Route 6 interchange in Tunkhannock Township on the east side of the borough will preserve magnificent views and will edu…

(a) General rule.--Because of its outstanding scenic, historic, natural, recreational and archeological characteristics and qualities and because of opportunities for economic development and tourism and for conservation of the outstanding qualities along the road, State Route 92…

(a) General rule.--Because of its outstanding scenic, historic, recreational, cultural and archeological characteristics, the following is designated as a scenic byway: (1) U.S. 219 in Bell Township and continuing on U.S. 219 in Mahaffey Borough and Greenwood Township, Segment No…

(a) General rule.--Because of its outstanding scenic, historic, recreational, cultural, natural and archeological characteristics and qualities and because of opportunities for economic development and tourism and for conservation of the outstanding qualities along the road, the …

(a) General rule.--Because of its outstanding scenic, historic, recreational, cultural, natural and archeological characteristics, the 8.6 mile U.S. Route 202 Parkway between State Route 63 (Welsh Road) in Montgomery Township and State Route 611 in Doylestown Township is hereby d…

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Common carrier by motor vehicle." As defined in 66 Pa.C.S. § 102 (relating to definitions). "Contract carrier by motor …

(a) Public policy.--The General Assembly finds and declares that, except as set forth in subsection (c), indemnity provisions are against the public policy of the Commonwealth. (b) Effect.--Except as set forth in subsection (c), an indemnity provision is void. (c) Exception.--Thi…

This chapter relates to public-private transportation partnerships.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Account." The Public-Private Transportation Account. "Board." The Public-Private Transportation Partnership Board. "Dep…

(a) Establishment.--There is established a board to be known as the Public-Private Transportation Partnership Board. (b) Composition.--The board shall be composed of the following members: (1) The Secretary of Transportation, who shall be the chairperson of the board, or a design…

(a) Duties.--The board shall do all of the following: (1) Meet as often as necessary but at least annually. (2) Adopt guidelines establishing the procedure by which a public entity may submit a request for a proposed transportation project or a private entity may submit an unsoli…

(a) Technical assistance.--The department shall supply all necessary assistance to assist the board in carrying out its duties and responsibilities, including retention of legal, financial and technical consultants to assist with this role. (b) Analysis.--The following shall appl…

A public entity may solicit transportation projects through a request for transportation projects. The public entity shall give public notice of a request for transportation projects consistent with section 9109(c) (relating to selection of development entities). Offerors shall s…

(a) Submission.--Except as provided under subsection (b), a public entity which seeks to undertake a transportation project which has not been previously approved by the board shall submit a request for the transportation project to the board. (b) Exception.--This chapter shall n…

A request may be solicited or unsolicited and may provide for the development or operation of transportation facilities using a variety of project delivery methods and forms of agreement. The methods may include: (1) Predevelopment agreements leading to other implementing agreeme…

(a) Conditions for use.--If a transportation project is approved under sections 9104 (relating to duties of board) and 9105 (relating to operation of board), the public entity may enter into a contract for the transportation project by competitive sealed proposals. (b) Request fo…

(a) Agreement provisions.--A public-private transportation partnership agreement shall include the following provisions: (1) A description of any planning, development, design, leasing, acquisition or interest in, financing, installation, construction, reconstruction, replacement…

The following shall apply: (1) Upon the selection of a development entity to be a party to a public-private transportation partnership agreement, the identity of the development entity selected, the contents of the response of the development entity to the request for proposals, …

Unless otherwise agreed and except to the extent not transferable by law, the department or a proprietary public entity shall have the right to use all or a portion of a submitted proposal, including the technologies, techniques, methods, processes and information contained in th…

(a) Enforcement of traffic laws.--To the extent the public-private transportation project is a highway, bridge, tunnel overpass or similar transportation facility for motor vehicles, 75 Pa.C.S. (relating to vehicles) and other laws of this Commonwealth or, if applicable, any loca…

(a) The Administrative Code of 1929.--Notwithstanding any other provision of law, neither soliciting nor approving a request for proposals, nor executing a public-private transportation partnership agreement under this chapter shall constitute the submission of a preliminary plan…

(a) General rule.--To the extent that revenues or optional user fees received by a development entity pursuant to a public-private transportation partnership agreement are subject to a tax imposed by a political subdivision prior to the effective date of this section, the revenue…

A user fee may not be imposed as part of a transportation project approved under this chapter, unless the user fee is imposed only on individuals who select optional means to transit the transportation facility, such as limited access lanes or similar programs that allow individu…