Stop the BOP: How PennDOTs Bicycle Occupancy Permit is Preventing Communities from Making their Roads Safer

Currently, state law (Section 1622 of Title 75) requires local authorities to obtain approval from PennDOT in order for a bicycle marking or sign to be installed on a state road. In the process of getting that approval (through requirements set forth in Section 212.5 of the Pennsylvania Code), PennDOT requires local authorities to assume all maintenance and liability responsibility for bicycle markings and signs. In practice, this means that a municipality must obtain a Bicycle Occupancy Permit (BOP). This is spelled out in PennDOTs Design Manual Part 2 Highway Design (Publication 13M), Chapter 16 on Bicycle Facilities. Effectively, the BOP is a signed commitment from the municipality it will be assume all responsibility for installation, maintenance and operation for certain traffic control devices. The BOP requires municipalities to adopt the terms of the BOP by resolution. Philadelphia or Pittsburgh are exempt from the BOP requirement, and between these two cities, they have over 400 miles of bike lanes. In the rest of the state, where the BOP is required, it has kept the mileage of bike lanes down to less than 50. By requiring municipalities to assume all maintenance and liability, PennDOT has created a substantial obstacle that prevents municipalities other than Philadelphia and Pittsburgh from installing bike lanes or bike signage on state roads within their jurisdiction. In some cases, the BOP might apply even to completely separate trails. It is the view of the biking and walking community that bicycle markings and signs should not trigger PennDOT approval and local authorities should not be required to obtain a BOP from

PennDOT in order to have bicycle markings or signs installed on state roads within their jurisdictions. Currently, there is a list of traffic control devices that require PennDOT approval and a separate list of traffic control devices that do not require PennDOT approval. Bike lanes and bicycle route signs are among those devices in the Section 212.5 regulation that are subject to PennDOT approval, along with traffic signals and a host of other signs. Crosswalk markings, parking stall markings, curb marking at intersections do not require PennDOT approval. Why should a bicycle lane marking? Street name signs and stopping, standing and parking signs do not require PennDOT approval, why should a bicycle route sign? One good example of how the Section 212.5 regulation has prevented bicycle lanes from being installed is the case of the Kennett Pike Bikeway (MPMS 77476), Kennett Township, Chester County. Kennett Township was awarded $740,453 in Transportation Enhancements funding for construction of the Kennett Pike Bikeway on PA 52 from US 1 south to the Township Border with Pennsbury Township (1.7 miles). The project includes widening to provide 5 shoulders on both sides of PA 52. Kennett Township wanted to stripe bicycle lane markings to designate the shoulder area for cycling and provide signage to encouraging bicycling in this historic and scenic byway corridor, located a stones throw away from Longwood Gardens and historic Dupont mansions and landscapes. As part of the design process, the Township was presented with the option of fulfilling the BOP requirements or not striping the bicycle lane. The Township decided to not stripe the bicycle lane and not install bike signage. To resolve this issue, either PennDOT or the Legislature could take action. PennDOT could resolve it in either of two ways. First, PennDOT could issue a directive from the Central Office to District Offices that they dont need to require municipalities to sign a BOP and pass a resolution for bicycle lanes or signage. Second, PennDOT could change the regulation Section 212.5 by moving bicycle markings and bicycle route signs from the list of devices that need PennDOT approval (212.5(b)(1)(v)) to the list of devices that do not need PennDOT approval (212.5(b)(1)(iv).) Alternatively, the legislature could enact legislation amending Section 6122 of Title 75 requiring that bicycle route signs and pavement markings for bicycles not require PennDOT approval.

Draft language to address Pennsylvanias Bicycle Occupancy Permit Problem.

6122. Authority to erect traffic-control devices (a) General rule.--The department on State-designated highways and local authorities on any highway within their boundaries may erect official traffic-control devices, which shall be installed and maintained in conformance with the manual and regulations published by the department upon all highways as required to carry out the provisions of this title or to regulate, restrict, direct, warn, prohibit or guide traffic. * * *

(2) Local authorities may install, revise or remove the following traffic-control devices on a State-designated highway, and Department approval is not required: (i) Bicycle Route Sign; (ii) Pavement markings for bicycles such as the bicycle lane symbol. [(2)](3) * Section 3. This Act shall take effect in 60 days. * *

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