Commonwealth's Power to Regulate Highways

For almost 100 years, the Supreme Court of the United States has recognized the broad power of a state to regulate its highways, and the operation of vehicles on those highways. Perhaps the earliest reported case reaching the Supreme Court on this issue was in 1915, Hendrick v. State of Maryland. State regulation of the use of its highways is a valid exercise of a State's police powers and it has been recognized that a system of general regulations, such as the Vehicle Code, is necessary to promote the safety of persons and property within Pennsylvania. The legislature has determined that the safety of roadways within Pennsylvania is materially affected by the degree of compliance with state laws and local ordinances relating to the operation of motor vehicles, and that a motorist's violation of such laws and ordinances is evidence that the motorist engaged in conduct that is “likely to endanger the safety of persons and property.” The Pennsylvania Department of Transportation (PennDOT) is charged with the duty of administering the provisions of the Vehicle Code.

The Vehicle Code of 1976 is the most recent codification of the many laws enacted over the years regulating the licensing of drivers, the registration of motor vehicles, mandatory motor vehicle insurance and the operation of motor vehicles on Pennsylvania roadways. The Vehicle Code includes the “Rules of the Road,” as well as other provisions regulating specific vehicle operation. All motorists have a duty to obey these rules of the road.

The plenary power of the Legislature over the highways of the Commonwealth is of ancient standing, and seldom, if ever, has been questioned. Highways are recognized as the property of the people: not just of a particular district, but of the whole state; and they are subject to the absolute direction and control of the Commonwealth. The public roads of Pennsylvania are laid out and open for the use of all persons on equal terms; that is, to all who comply with the reasonable regulations of the duly constituted authorities.

The right to use a public highway for travel or in the transportation of merchandise is not unrestricted. It is for the Commonwealth, acting through the Legislature, to direct the conditions under which this limited right shall be exercised. It alone has the power to regulate the manner and circumstances under which automobiles may be operated upon the highways of the Commonwealth. This power is vested in the Legislature, and is based, upon its right to control and regulate the use of the highways, buttressed by the inherent police power of the state.