Exceeding Maximum Posted Speed Limit on Hazardous Grade or Failure to Stop Before Proceeding 75-3365(c)
§ 3365. Special speed limitations.
Fines + costs
Offense carries 3 points
§ 3365. Special speed limitations.
(a) Bridges and elevated structures.–
(1) No person shall drive a vehicle over any bridge or other elevated structure constituting a part of a highway at a speed which is greater than the maximum speed which can be maintained with safety to the bridge or structure when the structure is posted with signs as provided in this subsection.
(2) The department and local authorities on highways under their respective jurisdictions may conduct a traffic and engineering investigation of any bridge or other elevated structure constituting a part of a highway, and if it shall thereupon find that the structure cannot safely withstand vehicles traveling at the speed otherwise permissible under this title, the department or local authority shall determine and declare the maximum speed of vehicles which the structure can safely withstand, and shall cause or permit official traffic-control devices stating the maximum speed to be erected and maintained before each end of the structure.
(3) Upon the trial of any person charged with a violation of this subsection, proof of the determination of the maximum speed by the department and the existence of the signs shall constitute conclusive evidence of the maximum speed which can be maintained with safety to the bridge or structure.
(b) School zones.–When passing through a school zone as defined and established under regulations of the department, no person shall drive a vehicle at a speed greater than 15 miles per hour. An official traffic-control device shall indicate the beginning and end of each school zone to traffic approaching in each direction. Establishment of a school zone, including its location and hours of operation, shall be approved by the department.
(c) Hazardous grades.–The department and local authorities on highways under their respective jurisdictions may conduct traffic and engineering investigations on grades which are considered hazardous. If the grade is determined to be hazardous, vehicles having a gross weight in excess of a determined safe weight may be further limited as to maximum speed and may be required to stop before proceeding downhill. The restrictions shall be indicated by official traffic-control devices erected and maintained according to regulations established by the department.
(c.1) Active work zones.–When passing through an active work zone, no person shall drive a vehicle at a speed greater than the posted limit. An official traffic-control device shall indicate the beginning and end of each active work zone to traffic approaching in each direction.
(1) Any person violating any provision of this section commits a summary offense and shall, upon conviction, be sentenced to pay:
(i) Except as set forth under subparagraph (ii), a fine of $35.
(ii) For a violation of subsection (b), a fine of not more than $500 if the person exceeds the maximum speed limit by more than 11 miles per hour.
(2) Any person exceeding a maximum speed limit established under this section by more than five miles per hour shall pay an additional fine of $2 per mile for each mile in excess of five miles per hour in excess of the maximum speed limit.
(Oct. 10, 1980, P.L.791, No.147, eff. imd.; Dec. 23, 2002, P.L.1982, No.229; Dec. 8, 2004, P.L.1791, No.237, eff. 150 days)
2004 Amendment. Act 237 amended subsec. (d).
2002 Amendment. Act 229 amended subsec. (b) and added subsec. (c.1), effective in 60 days as to subsec. (b) and six months as to the remainder of the section. See section 21 of Act 229 in the appendix to this title for special provisions relating to promulgation of guidelines to implement Act 229.