Who pays for road damage in Pennsylvania after ACT 13?

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The Commonwealth of Pennsylvania continues to experience dramatic increases in heavy-truck transportation activity associated with Marcellus Shale. So much so that approximately one-quarter of all PA-state routes are now posted with weight restrictions. Typically, any hauler who wants to take a load over that posted weight needs to have bonded the road – that is, haulers are required to share in the financial responsibility for the upkeep and maintenance of those See more +
The Commonwealth of Pennsylvania continues to experience dramatic increases in heavy-truck transportation activity associated with Marcellus Shale. So much so that approximately one-quarter of all PA-state routes are now posted with weight restrictions. Typically, any hauler who wants to take a load over that posted weight needs to have bonded the road – that is, haulers are required to share in the financial responsibility for the upkeep and maintenance of those roads.

The Commonwealth found that some industries are paying a disproportionate amount of that financial burden. Enter Act 13 – from a transportation perspective, Act 13 directed PennDOT to identify and distinguish between those entities that have a minimal impact on the road structure and those that have a more significant impact – such as Marcellus Shale related entities.

In this video, McNees Transportation attorney, Jim Franklin explains the mechanisms in place to accomplish this goal. PennDOT will keep these exceptions in place until at least December 31, 2015.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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