Pennsylvania Code Title 67 - TRANSPORTATION
Overview: Pennsylvania Code Title 67 – Transportation
Title 67 of the Pennsylvania Code governs all administrative regulations related to transportation in the Commonwealth of Pennsylvania. It includes rules promulgated by various transportation-related agencies, primarily the Pennsylvania Department of Transportation (PennDOT) and the Public Utility Commission (PUC).
These regulations govern a wide range of transportation-related activities including:
Motor vehicle operation and safety
Driver licensing and vehicle registration
Highway maintenance and construction
Public transportation systems
Regulation of railroads, buses, and taxis
Transportation safety standards
Key Regulatory Areas in Title 67
1. Driver Licensing and Vehicle Registration
Rules governing issuance, renewal, suspension, and revocation of driver’s licenses.
Procedures for vehicle registration, titling, and transfer of ownership.
Compliance with safety inspections and emissions testing.
Regulations concerning commercial driver’s licenses (CDLs).
2. Motor Vehicle Safety and Operation
Speed limits, traffic signs, and road safety measures.
Regulations on vehicle equipment standards (lighting, brakes, tires).
Rules about distracted and impaired driving.
Requirements for seat belts, child safety seats.
3. Highway and Infrastructure Regulations
Procedures for highway construction, maintenance, and inspections.
Permit processes for oversize/overweight vehicles and construction projects.
Rules about access to state highways and right-of-way usage.
4. Public Utilities and Transportation Services
Regulation of taxis, limousines, and other transportation service providers under the PUC.
Licensing and operational standards for carriers.
Safety and consumer protection requirements for public transit.
5. Enforcement and Penalties
Administrative procedures for violations of transportation laws.
Hearings and appeals process before PennDOT or PUC.
Penalties including fines, suspensions, and revocations.
Legal Authority and Framework
The regulations in Title 67 implement statutes found primarily in the Pennsylvania Vehicle Code (Title 75 of the Pennsylvania Consolidated Statutes) and the Public Utility Code (66 Pa. C.S.).
PennDOT and the PUC have rulemaking authority under these statutes to carry out transportation policy and enforce safety and consumer protection.
Administrative decisions by PennDOT or the PUC are subject to judicial review for legal and procedural correctness.
Case Law and Legal Principles
1. Due Process in Licensing Actions
Driver’s licenses and vehicle registrations are considered property interests protected under the Due Process Clause.
Courts have held that suspension or revocation requires notice and opportunity to be heard.
Case Principle:
For example, in cases involving license suspension for DUI, courts require that administrative proceedings afford fair hearings before a license is revoked.
2. Chevron Deference to Agency Interpretations
Courts defer to PennDOT or PUC interpretations of ambiguous statutes and regulations, as long as they are reasonable.
This includes technical matters such as safety standards or carrier licensing.
3. Administrative Appeals and Judicial Review
Decisions by PennDOT or PUC can be appealed internally and, subsequently, to Commonwealth Court.
Courts review findings under the “substantial evidence” standard and ensure agencies do not exceed statutory authority or violate constitutional rights.
4. Regulation of Public Carriers and Consumer Protection
Courts uphold the PUC’s authority to regulate carriers to ensure public safety and fair consumer practices.
For example, deregulation challenges must overcome a presumption that state oversight serves a public interest.
Illustrative Case Examples (Hypotheticals)
Case 1: Commonwealth v. Driver X
Issue: Suspension of driver’s license for failure to submit to chemical testing.
Court held the suspension valid because the administrative hearing complied with due process, and evidence supported the statutory grounds.
Case 2: Taxi Co. v. PUC
Issue: Taxi company challenges PUC’s denial of operating authority.
Court upheld the denial, finding that the PUC reasonably applied criteria regarding public need and safety.
Summary Table
| Area | Key Functions | Legal Principles |
|---|---|---|
| Driver Licensing | Issuance, suspension, revocation | Due process, property interest |
| Vehicle Registration | Titling, inspection, emissions | Statutory compliance, procedural fairness |
| Motor Vehicle Safety | Equipment standards, speed limits, DUI rules | Agency expertise, public safety |
| Highway Construction | Permitting, maintenance | Statutory authority, administrative review |
| Public Carriers Regulation | Licensing, consumer protection | Public interest, substantial evidence |
| Enforcement | Hearings, penalties, appeals | Due process, judicial oversight |
Conclusion
Pennsylvania Code Title 67 – Transportation provides the administrative backbone for regulating transportation safety, licensing, infrastructure, and public carrier services in Pennsylvania. The rules are implemented by PennDOT and the PUC under clear statutory authority, with courts ensuring these agencies exercise their powers fairly, consistently, and lawfully.
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