COMMONWEALTH OF PENNSYLVANIA

OFFICE OF INSPECTOR GENERAL

OIG-14-0755-C-DOT

Pennsylvania Department of Transportation

Closure of Traffic Lances in Public Right-of-Way

2014 General Investigation Report Summary

Approved for Public Release

            The Pennsylvania Department of Transportation (PennDOT) received a complaint alleging improper closure of a public right-of-way as part of the installation of a sign on adjacent private property.  PennDOT referred the complaint to the Pennsylvania Office of Inspector General (OIG), which conducted an investigation of the allegations.  In March 2015, OIG completed its investigation and provided information to PennDOT.

Background

            Permits for closure of traffic lanes in public rights-of-way are not regularly granted by PennDOT.  However, PennDOT may issue a Highway Occupancy Permit to a private property owner for closure of traffic lanes in public rights-of-way in certain circumstances, such as when construction on private property adjacent to the public right-of-way may present safety concerns or the private property owner has exhausted other alternatives for proceeding with the construction, such as requesting and being denied permission by a neighboring property owner to cross that property to complete the construction.

            The complainant alleged traffic lanes in a public right-of-way were closed, without issuance of a Highway Occupancy Permit, to permit construction of a sign on private property adjacent to the right-of-way.  OIG identified the private property on which the alleged sign construction occurred and individuals or entities with information relevant to sign construction and the complainant’s allegations.  OIG conducted witness interviews and reviewed records obtained from PennDOT and other persons related to OIG’s investigation.

Investigation

            Through various interviews and in reviewing records, OIG confirmed PennDOT personnel granted permission to a private property owner and entities conducting sign construction on the property to close traffic lanes on a public right-of-way to complete the construction, but PennDOT did not issue a Highway Occupancy Permit for the lane closure.  A PennDOT employee interviewed by OIG explained PennDOT does not have a defined policy to address lane closure requests.  PennDOT acknowledged permission was granted without issuance of a Highway Occupancy Permit.  PennDOT employees interviewed by OIG attributed the granting of permission for the lane closure without a Highway Occupancy Permit to a miscommunication within PennDOT, and OIG’s investigation did not reveal that any PennDOT employees acted illegally or with improper motive.  A PennDOT employee told OIG the matter was discussed at a statewide PennDOT meeting and the consensus was that expressway lane closure requests are not a statewide problem.  The PennDOT district in which the incident occurred has, however, decided to clarify its policy that all expressway lane closures require requests and approvals for Highway Occupancy Permits.

Conclusion

OIG’s investigation revealed that permission to close traffic lanes on a public right-of-way for construction on adjacent private property was granted without adherence to PennDOT’s Highway Occupancy Permit procedures; however, OIG found no evidence of illegal activity or improper motives on the part of any PennDOT employees.  PennDOT acknowledged a need to clarify to PennDOT staff in the district in which the incident occurred that expressway lane closures require requests and approvals for Highway Occupancy Permits.

Department/Agency Response

            Immediately upon receipt of the guidance letter a meeting was held with all employees who coordinate expressway lane closures in the district in which the incident occurred.  The purpose of the meeting was to review the information provided by OIG and emphasize that lane closures on expressways not connected with highway construction or maintenance require a Highway Occupancy Permit and approval by the district executive.  A formal memorandum was subsequently issued to all traffic unit staff and maintenance managers in the district clarifying that lane closures on expressways not connected with highway construction or maintenance require a Highway Occupancy Permit and approval by the district executive.  Standard practice is that expressway lane closures are not allowed, even by Highway Occupancy Permit, when not connected to highway construction or maintenance.