Section 441.1. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Acceleration lane—The portion of roadway adjoining the traveled way constructed for the purpose of enabling a vehicle entering a roadway to increase its speed to a rate at which it can safely merge with traffic.

Access—A driveway, street or other means of passage of vehicles between the highway and abutting property, including acceleration and deceleration lanes and such drainage structures as may be necessary for the proper construction and maintenance thereof.

Central Permit Office—The office for the control of issuance of permits located at:

Department of Transportation

Central Permit Office

400 North Street, 6th Floor

Harrisburg, Pennsylvania 17120-0041

Combination—Two or more vehicles physically interconnected in tandem.

Commonwealth—The Commonwealth of Pennsylvania.

County office—Any of the various maintenance district offices of the Department.

Curbline—A line formed by the face of the existing curb or in its absence the outer edge of the shoulder, along which curbing is or may be located.

Deceleration lane—The portion of the roadway adjoining the traveled way constructed for the purpose of enabling a vehicle that is exiting a roadway to slow to a safe speed after it has left the mainstream of traffic.

Department—The Department of Transportation of the Commonwealth.

Director—The director of the Department’s Bureau of Highway Services.

District office—Any of the 11 engineering district offices of the Department.

Divided highway—A highway divided into two or more roadways and so constructed as to impede vehicular traffic between the roadways by providing an intervening space, physical barrier, or clearly indicated dividing section.

Driveway—Every entrance or exit used by vehicular traffic to or from properties abutting a highway. The term includes proposed streets, lanes, alleys, courts, and ways.

Driveway width—The narrowest width of a driveway measured perpendicular to the centerline of the driveway.

Egress—The exit of vehicular traffic from abutting properties to a highway.

Equipment—All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and completion of the work.

Form 408—The latest revision of highway construction specifications issued by the Department.

Frontage width—The distance along the right-of-way line in front of an abutting property.

High volume driveway—A driveway used or expected to be used by more than 1500 vehicles per day.

Highway—A highway or bridge on the system of State highways and bridges, including the entire width between right-of-way lines, over which the Department has assumed or has been legislatively given jurisdiction.

Improved area—The area within the right-of-way which has been constructed for highway purposes, including roadbed, pavement, shoulders, slope, sidewalks, drainage facilities, and any other appurtenances.

Ingress—The entrance of vehicular traffic to abutting properties from a highway.

Inspector—The Department’s authorized representative assigned to inspect permit operations.

Intermediate island—The section of right-of-way between driveways from the pavement edge or curb to the property line.

Joint-use driveway—A driveway shared by and constructed to provide access to two or three properties.

Limited access highway—A highway to which owners or occupants of abutting lands and other persons have no legal right of access except at points and in the manner determined by the Department.

Local road—Every public highway other than a State highway. The term includes existing or proposed streets, lanes, alleys, courts, and ways.

Low volume driveway—A driveway used or expected to be used by more than 25 but less than 750 vehicles per day.

Median—Any structure or area which separates the paved traveled ways for opposing directions of traffic.

Medium volume driveway—A driveway used or expected to be used by more than 750 but less than 1500 vehicles per day.

Minimum use driveway—A residential or other driveway which is used or expected to be used by not more than 25 vehicles per day.

Own—To hold title to land or a building or be a tenant in a lease that will not terminate within 15 years of the permit issuance date.

Pavement edge—The edge of the main traveled portion of any highway, exclusive of shoulder.

Permanent curbing—Plain or reinforced cement concrete curb which meets Department standards.

Permit—A highway occupancy permit (Form M-945P) issued by a district office pursuant to this chapter.

Person—Any natural person, firm, copartnership, association, corporation, or political subdivision.

Plans—Drawings which show the location, character, and dimensions of the proposed occupancy and related highway features, including layouts, profiles, cross sections, drainage, and other details.

Property line clearance—The distance measured along the pavement edge or curb between the property frontage boundary line and the near edge of the driveway.

Publication 43—A Department publication, sometimes called ‘‘Bulletin 43,’’ containing requirements for the maintenance and protection of traffic on construction projects.

Publication 68—A Department publication containing regulations governing the design, location, and operation of all official traffic signs, signals, and markings on and along highways.

Publication 90—A Department publication containing requirements for work area traffic control during highway maintenance operations and utility work.

Right-of-way—The area which has been acquired by the Department for highway purposes.

Roadway—That portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.

Roadway construction standards—Department Publication No. 72 containing the Department’s design standards for roadway construction.

Secretary—The Secretary of the Department.

Setback—The lateral distance between the right-of-way line and the roadside building, liquid fuel pump island, display stand, or other object, which will result in space for vehicles to stop or park between such objects and the right-of-way line.

Shoulder—The portion of the roadway, contiguous to the traffic lanes, for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses and pavements.

Shoulder line—The intersection of the shoulder slope with the side slope or ditch slope.

Sidewalk—A paved walkway, continuous for a reasonable distance and an integral part of the highway, constructed solely for use by pedestrians.

Stabilized material—Any aggregate such as aggregate cement, aggregate bituminous or lime pozzyolan, placed in such a manner as to provide a smooth, stable, all-weather surface not subject to undue raveling.

Stopping sight distance—The distance required by a driver traveling at a given speed to stop the vehicle after an object on the roadway becomes visible to the driver.

Supplement—An amendment to a highway occupancy permit issued on Department Form M-945S.

Traveled way—The portion of the roadway for the movement of vehicles, exclusive of shoulders and auxiliary lanes.

Traffic control device—Any sign, signal, marking or device placed or erected for the purpose of regulating, warning, or guiding vehicular traffic or pedestrians, or both.

Turning radius—The radius of an arc which approximates the turning path of the exterior corner of a vehicle.

Vehicle—Every device in or by which any person or property is or may be transported or drawn upon a highway. The term includes special mobile equipment as defined in the Vehicle Code.

The provisions of this § 441.1 amended September 2, 2011, effective September 3, 2011, 41 Pa.B. 4772. Immediately preceding text appears at serial pages (317547) to (317548), (216111) to (216112) and (337737).

Notation

Notes of Decisions

Responsible Person

The pavement cartway used for vehicular traffic was beyond the curb line which separated the highway from pedestrian traffic and was, therefore, the responsibility of the Commonwealth, not the city. Ruch v. City of Philadelphia, 587 A.2d 830 (Pa. Cmwlth. 1991); appeal denied 604 A.2d 251 (Pa. 1992).

Absent an agreement on maintenance at an intersection of a city street and a state highway, the State is responsible for maintaining only that portion of the vehicular intersection between actual or extended curb lines of its highway, without any reference to sidewalks; the city is responsible for maintaining crosswalks and other areas up to the actual or extended curb lines of the state highway at the vehicular intersection. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. 1995).

Roadway

The State is responsible for maintaining only those vehicular areas on its streets between curb lines. The crosswalk on the lane was not between existing curb lines available to vehicular traffic on the street; it is beyond the outer edge of the shoulder, along which curbing may be located on the street. Thus, the State would have no liability for plaintiff’s injuries caused by a fall in a pothole on the crosswalk of the lane. Crigler v. City of Philadelphia, 667 A.2d 470 (Pa. Cmwlth. 1995).

Cross References

This section cited in 67 Pa. Code § 441.8 (relating to driveway design requirements).