McNees Wallace & Nurick: Who Pays for Road Damage in Pennsylvania After Act 13?

By Jim Franklin

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.

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