Commonwealth v. Cogan

HESTER, Judge:

This appeal presents the interesting question of whether a local municipality has the power to regulate speed limits on a state highway within its boundaries when the Pennsylvania Department of Transportation (hereinafter “Department”) has failed to do so.

The facts which gave rise to the above issue are as follows. On May 1, 1980, appellant was traveling along Route 480 within the municipal limits of Latrobe Borough, when she was stopped and cited for traveling 42 m.p.h. in a posted speed limit zone of 25 m.p.h.1 Appellant was adjudged guilty following a hearing before the…