— You have requested an opinion from this department interpreting section 1008 (d) of The Vehicle Code
“The driver of a vehicle shall not overtake or pass, or attempt to pass, any other vehicle, proceeding in the same direction, between any points indicated by the placing of official temporary warning or caution signs indicating that men are working on the highway.”
You ask whether the provisions of this section apply to signs placed on a highway by public utility companies and, if so, whether such signs may be placed where public utility workmen are working aloft on utility lines running parallel or perpendicular to such highway.
Section 1105 of The Vehicle Code
Section 411 of the State Highway Law
“. . . Operation must be conducted at all times to permit safe and reasonable free travel over the roads within the limits of the work herein prescribed. All safety provisions for the free movement of traffic shall be provided by the permittee.”
Since a violation of section 1008(d) of The Vehicle Code cannot be based on a private utility’s view of what is reasonable, however, it is necessary that the Department of Highways implement this regulation
In view of the above provisions, it is our opinion and you are, therefore, accordingly advised that: (1) The Secretary of Highways may permit public utility companies to erect utility lines over State highways and authorize such companies to enter upon State highways for the purpose of inspection, maintenance and repair of such lines; (2) temporary warning or caution signs used by public utility companies must be official signs, authorized and approved by the Secretary of Highways; (3) such official signs may be used when public utility workmen are working aloft on utility lines running either parallel or perpendicular to the State highway; and (4) when such official signs are placed upon a State highway, pursuant to the regulations of the Department of Highways and at places designated by the Department of Highways, the provisions of section 1008(d) of The Vehicle Code are applicable.
The Act of May 1, 1929, P. L. 905, as amended, 75 PS §543 (d).
Ibid., 75 PS §681.
Ibid., 75 PS §683.
Ibid., 75 PS §714.
The Act of June 1, 1945, P. L. 1242, 36 PS §670-411.
