36 Pa. Stat. § 1758-103

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 1758-103 - Rights, obligations, liabilities, duties of state, counties, cities

Upon the taking over for construction and maintenance by the Commonwealth of any of the highways or sections thereof, bridges, tunnels, viaducts or approaches thereto specified in this act, the Commonwealth shall thereafter assume all rights, obligations and liabilities of the county, except for any outstanding construction or reconstruction obligations and liabilities in effect at the time of such transfer relating to said highways or sections thereof, bridges, tunnels, viaducts or approaches thereto, whether the same arise by virtue of any order of the Public Service Commission, the Pennsylvania Public Utility Commission, by contract or otherwise, with respect to those highways, bridges, tunnels, viaducts and approaches thereto designated in section 101 , which are located in cities of the second class and third class. This article is not intended and shall not be construed:

(1) To place upon the Commonwealth any duty to regulate traffic upon or police such highways, bridges, tunnels, viaducts and approaches.

(2) To place upon the Commonwealth any obligation for maintenance, construction, reconstruction or resurfacing of any highway other than the base or surface courses. The maintenance authorized by this article shall not include snow removal, street cleaning or maintenance or replacement of guide rail or drainage facilities and shall be limited to the portions available to vehicular traffic regardless of whether there are existing curbs.

(3) To place upon the Commonwealth any obligation under any franchise or franchises heretofore granted to any public utility company.

(4) To place upon the Department of Transportation any authority to regulate traffic, parking or the general use by the traveling public of such highways, bridges, tunnels, viaducts and approaches: Provided, however, That the Department of Transportation shall be authorized to close to traffic all of such highways, bridges, tunnels, viaducts and approaches during such time as improvements are being made thereon, and in such case the political subdivision in which the same is located shall establish and maintain a suitable detour.

The rights, powers, duties, obligations and responsibilities set forth in this section which are not placed upon or transferred to the Commonwealth and which will or would be placed upon or transferred to cities of the second and third class by existing law shall become and/or remain the rights, powers, duties, obligations and responsibilities of said cities: Provided, however, That said cities may contract with counties of the second class for an assumption by said counties of any or all said duties, obligations and responsibilities.

36 P.S. § 1758-103

1961, Sept. 18, P.L. 1389, art. I, § 103. As amended 1985, July 3, P.L. 159, No. 43, § 1, effective in 60 days.