2021 Pennsylvania Consolidated & Unconsolidated Statutes
Act 36 - VEHICLE CODE (75 PA.C.S.) - SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES

Session of 2021

No. 2021-36

HB 765

AN ACT

Amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in powers of department and local authorities, further providing for specific powers of department and local authorities.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1.  Section 6109(a)(3) of Title 75 of the Pennsylvania Consolidated Statutes is amended and the section is amended by adding subsections to read:

§ 6109.  Specific powers of department and local authorities.

(a)  Enumeration of police powers.--The provisions of this title shall not be deemed to prevent the department on State-designated highways and local authorities on streets or highways within their physical boundaries from the reasonable exercise of their police powers. The following are presumed to be reasonable exercises of police power:

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(3)  [Regulating] Subject to subsections (j) and (j.1), regulating or prohibiting processions, special activities or assemblages on highways.

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(j)  Permits for processions, special activities and  assemblages on State-designated highways.--The department may not require, as a condition for the approval of a permit for a procession, special activity or assemblage on a State-designated highway, a local authority to submit a statement that the local authority will agree to fully indemnify, save harmless and defend the Commonwealth, Commonwealth departments and their officers, agents and employees from and against claims, suits or actions for injury, death or property damage arising from or because of the acts or omissions of its officers, agents or employees or of the sponsor of the procession, special activity or assemblage, if all of the following conditions are met:

(1)  The sponsor of the procession, special activity or assemblage is not the local authority.

(2)  The sponsor will fully indemnify, save harmless and, if requested, defend the Commonwealth, Commonwealth departments and their officers, agents and employees from and against claims, suits or actions for injury, death or property damage arising from or because of the acts or omissions of the sponsor, its officers, agents or employees.

(3)  The sponsor names the department as an additional insured on its liability policies and the liability insurance policies are occurrence based and the insurance certificate indicates that the insurance is occurrence based.

(4)  The sponsor agrees to reimburse the Commonwealth for all costs for police escort and traffic-control services.

(5)  The local authority approves of the sponsor conducting the procession, special activity or assemblage.

(6)  The local authority agrees to provide adequate detour signing or police controls for the rerouting of traffic along an alternate route, if requested by the department.

(j.1)  Sovereign immunity.--

(1)  Nothing in subsection (j) shall be construed to require the department to issue a permit for a procession, assemblage or special activity that will occur on a street, highway or real estate deemed by the department to be unsafe for use by participants. The department, its servants and agents, employees and representatives acting on its behalf shall be immune from suit by participants for personal injuries or property damages arising during a procession, assemblage or special activity permitted by the department under 42 Pa.C.S. §§ 8521 (relating to sovereign immunity generally) and 8522 (relating to exceptions to sovereign immunity).

(2)  The term "participants" shall include spectators, event sponsors, municipal officials, police, fire police, media and others present during the procession, assemblage or special activity permitted by the department.

Section 2.  This act shall take effect immediately.

APPROVED--The 30th day of June, A.D. 2021.

TOM WOLF