Township of Millcreek, PA Article XI Brake Retarders

§ 137-59 Prohibited locations.

A. No person shall use or operate a brake retarder on any vehicle traveling on West 38th Street (SR 4016) between Asbury Road and Zuck Road. This prohibition shall become effective upon completion of posting of signage required by this article.

B. It shall be unlawful to use or allow the operation of a braked retarder on a motor vehicle on that section of West 38th Street set forth above in § 137-59A.

§ 137-60 Signage.

A. Official signs giving notice of the prohibition and of a vehicle's leaving the area of prohibition shall be erected and maintained on West 38th Street, generally as set forth on the drawing attached hereto as Appendix 1.[1] As required by PennDOT, such signage shall include at a minimum:

(1) A thirty-inch-by-thirty-six-inch sign conforming to PennDOT Sign R14-9, located akin to Location A on Appendix 1 as vehicles enter or approach the prohibition area, reading: "BRAKE RETARDERS PROHIBITED NEXT 3 MILES."

(2) A thirty-inch-by-thirty-six-inch sign conforming to PennDOT Sign R14-9, located as vehicles leave the prohibition area (Location B), generally as shown on Appendix 1, reading: "END BRAKE RETARDER PROHIBITION."

[1] Editor's Note: Appendix 1 is on file in the Township offices.

B. The Township shall be responsible for obtaining, erecting, maintaining and, as needed, replacing signs.

§ 137-61 Exemption.

Emergency vehicles required or authorized to have brake retarders are exempted from the regulations of this article.

§ 137-62 Violations and penalties.

A. Each violation of this article shall constitute a separate offense.

B. Any person(s) or entity(ies) who or which violate any of the provisions of this article, upon a summary conviction, shall be sentenced to pay a fine of not less than $100 and not more than $300, as well as costs of prosecution. To the extent permitted by state law, such fine shall be paid over to the Millcreek Township Treasurer. In accordance with the provisions of Chapter 48, Enforcement and Collection Activities, Articles I and II (Ordinance Nos. 96-8 and 96-9), as the same may be amended, a person found to have violated this article shall also be obligated to pay all attorneys' fees incurred by Millcreek Township in such proceeding.

§ 137-63 Enforcement.

This article shall be enforced by the Millcreek Township Police Department.

§ 137-64 State approval required.

In accordance with the requirements of 67 Pa. Code § 179.10, prohibition of use of brake retarders shall not be effected without prior written approval of PennDOT.