Pennsylvania Consolidated Statutes

74 Pa. Cons. Stat. § 1711 (2026)

Creation of metropolitan transportation authorities.

✓ current as of May 2026

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SUBCHAPTER B

AUTHORIZATION AND ORGANIZATION OF AUTHORITIES

Sec.

1711. Creation of metropolitan transportation authorities.

1712. Governing and policymaking body.

1713. Appointment of board members.

1714. Resignation and vacancies.

1715. Meetings, quorum, officers and records.

1716. Secretary, oath, bond.

1717. Controller.

1718. Signatures.

1719. General manager.

1720. Treasurer.

1721. Counsel to the board.

1722. Legal division and general counsel.

1723. Other employees.

1724. Personnel matters.

1725. Public hearings.

1726. Citizen advisory committee.

1727. Investigations and subpoenas.

1728. Conflicts of interest.

§ 1711. Creation of metropolitan transportation authorities.

(a) Creation and purpose.--There is hereby authorized the creation of a separate body corporate and politic in each metropolitan area, to be known as the transportation authority of that metropolitan area, extending to and including all of the territory in the metropolitan area. An authority shall in no way be deemed to be an instrumentality of any city or county or other municipality or engaged in the performance of a municipal function, but shall exercise the public powers of the Commonwealth as an agency and instrumentality thereof. An authority shall exist for the purpose of planning, acquiring, holding, constructing, improving, maintaining, operating, leasing, either as lessor or lessee, and otherwise functioning with respect to a transportation system in the metropolitan area and outside of such area, whether within or beyond the boundaries of this Commonwealth, to the extent necessary for the operation of an integrated transportation system and for the provision of all group and party services which can be provided by the existing transportation system or transportation systems subject to acquisition under this chapter. All services rendered by an authority outside the metropolitan area shall be pursuant to certificates of public convenience or other appropriate authorization issued to it by the Pennsylvania Public Utility Commission or other appropriate regulatory agency of the Federal Government or any state. Except as provided in subsection (c), an authority shall transact no business or otherwise become operative until and unless a majority of its board shall have been qualified in accordance with this subchapter.

(b) Certificate of incorporation.--

(1) The certification by the appointing power of each board member and the constitutional oath of office subscribed by each member shall be filed with the Department of State, and, except as provided in subsection (c), upon the receipt of initial certifications and respective oaths of a majority of the total number of board members appropriate to any metropolitan area, the Secretary of the Commonwealth shall issue a certificate of incorporation. This certificate shall refer to that authority by the name which shall be designated by the board members.

(2) In any suit, action or proceeding involving or relating to the validity or enforcement of any contract or act of an authority, a copy of the certificate of incorporation, duly certified by the Department of State, shall be admissible in evidence and shall be conclusive proof of the legal establishment of the authority.

(c) Transition provisions.--

(1) Any authority established under the former provisions of Article III of the act of January 22, 1968 (P.L.42, No.8), known as the Pennsylvania Urban Mass Transportation Law, or the former provisions of Chapter 15 (relating to metropolitan transportation authorities) shall be deemed, for all purposes, to be an authority created under this chapter, shall continue in effect under this chapter as an authority of the Commonwealth and shall exercise those powers, functions and duties and be governed by those provisions applicable to an authority created under this chapter. Such authority established under the former provisions of Article III of the Pennsylvania Urban Mass Transportation Law or the former provisions of Chapter 15 shall be deemed to have satisfied the requirements of subsections (a) and (b) concerning the organization of an authority under this chapter. Nothing in this chapter shall be construed to alter or modify in any respect any contract or other obligation of such authority entered into prior to the effective date of this chapter.

(2) An authority created or existing under this chapter, including any authority established under the former provisions of Article III of the Pennsylvania Urban Mass Transportation Law or the former provisions of Chapter 15, shall, without the necessity of action or assignment by it or any other person:

(i) continue in the rights and responsibilities of any authority existing under the former provisions of the Pennsylvania Urban Mass Transportation Law or the former provisions of Chapter 15 for all purposes, including, but not limited to, receipt of all grants, gifts, appropriations, subsidies or other payments;

(ii) continue to be the owner of any real or personal property and enjoy and be subject to any and all rights and responsibilities appurtenant thereto of any authority existing under the former provisions of the Pennsylvania Urban Mass Transportation Law or the former provisions of Chapter 15, including, but not limited to, all assets, property, real and personal, tangible and intangible, all easements and all evidences of ownership or other interest in part or in whole, and all records, and other evidences pertaining thereto; and

(iii) continue to be obligated with respect to all debt and other contractual obligations of any authority existing under the former provisions of the Pennsylvania Urban Mass Transportation Law or the former provisions of Chapter 15.

(3) It is hereby declared to be the intent of the General Assembly that an authority created or existing under this chapter, including any authority established under the former provisions of Article II of the Pennsylvania Urban Mass Transportation Law or the former provisions of Chapter 15, and the members, officers, officials and employees of any of them, shall continue to enjoy sovereign and official immunity, as provided in 1 Pa.C.S. § 2310 (relating to sovereign immunity reaffirmed; specific waiver), and shall remain immune from suit except as provided by and subject to the provision of 42 Pa.C.S. §§ 8501 (relating to definitions) through 8528 (relating to limitations on damages).

Cross References. Section 1711 is referred to in section 1782 of this title.

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1998–2025 · leading case: Se. Pennsylvania Transp. Auth. v. City of Philadelphia, 101 A.3d 79 (Pa. 2014).

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Se. Pennsylvania Transp. Auth. v. City of Philadelphia, 101 A.3d 79 (Pa. 2014). · cites it 9× “In response, SEPTA pointed out that the statute authorizing the creation of metropolitan transportation authorities, such as SEPTA, provides that such an authority “shall exercise the public powers of the Commonwealth as an agency and instrumentality thereof,” 74 Pa.C.S. §…”

Se. Pennsylvania Transp. Auth. v. Bd. of Revision of Taxes, 833 A.2d 710 (Pa. 2003). · cites it 6× “[3] In this case, SEPTA is a municipal authority created pursuant to 74 Pa.C.S. § 1711(a) to operate a metropolitan transportation authority.”

Se. Pennsylvania Transp. Auth. v. City of Philadelphia, 159 A.3d 443 (Pa. 2017). · cites it 13× “The dissent stated that the General Assembly had enacted the portion of SEPTA‘s enabling act that provides that a metropolitan transportation authority such as SEPTA is ―an agency and instrumentality thereof‖ merely to avoid constitutional and statutory questions, such as…”

SEPTA v. City of Philadelphia & Philadelphia Comm'n on Human Relations, 122 A.3d 1163 (Pa. Commw. Ct. 2015). · cites it 14× “74 Pa. C.S. §1711. SEPTA is governed by a 15-member Board.”

Se. Pennsylvania Transp. Auth. v. City of Philadelphia, 20 A.3d 558 (Pa. Commw. Ct. 2011). · cites it 4× “In addition, SEPTA's enabling legislation clearly indicates that it "shall in no way be deemed to be an instrumentality of any city or county or other municipality or engaged in the performance of a municipal function, but shall exercise the public powers of the Commonwealth as…”

Davis v. Se. Pennsylvania Transp. Auth., 980 A.2d 709 (Pa. Commw. Ct. 2009). · cites it 6× “" [5] The Third Circuit weighed the following in determining SEPTA's status under state law: Under its enabling statute, SEPTA has (1) a separate corporate existence, 74 Pa. Cons. Stat. § 1711 (a); (2) the power to sue and be sued, id.”

Earl Patterson v. Pennsylvania Liquor Control Bo, 915 F.3d 945 (3rd Cir. 2019). “3d at 307 (citing 74 Pa. Cons. Stat. § 1711 (a) ) (finding an entity to be separately incorporated under its enabling statute, which stated that it has "a separate corporate existence"); Febres , 445 F.”

Se. Pennsylvania Transp. Auth. v. Bd. of Revision of Taxes, 777 A.2d 1234 (Pa. Commw. Ct. 2001). · cites it 3× “As set forth in Section 1711, the purpose of SEPTA is to plan, acquire, hold, construct, operate, improve, maintain and lease a transportation system.”

Warrick v. Pro Cor Ambulance, Inc., 709 A.2d 422 (Pa. Commw. Ct. 1998). · cites it 2× “74 Pa.C.S. § 1711(3). Nevertheless, Warrick claims that, aside from the exceptions to immunity found in 42 Pa.”

Lehigh-Northampton Airport Auth. v. Lehigh Cnty. Bd. of Assessment Appeals, 889 A.2d 1168 (Pa. 2005). “See Brief for Appellees at 11. They argue that the SEPTA decision is distinguishable because SEPTA was organized under a different statute which expressly confers Commonwealth-agency status upon it.”

Cooper v. Se. Pennsylvania Transp. Auth., 474 F. Supp. 2d 720 (E.D. Pa. 2007). “The Commonwealth of Pennsylvania has determined that SEPTA “shall in no way be deemed to be an instrumentality of any city or county or other municipality or engaged in the performance of a municipal function, but shall exercise the public powers of the Commonwealth as an agency…”

Se. Pennsylvania Transp. Auth. v. Bd. of Revision of Taxes, 49 F. Supp. 2d 778 (E.D. Pa. 1999). “See 74 Pa. Cons.Stat. Ann. §§ 1711. et seq. Its headquarters, which is a subject of the present dispute, is located at 1234 Market Street in Philadelphia.”

Show all 22 citing cases →

— 74 Pa. Cons. Stat. § 1711(3) — 1 case

Warrick v. Pro Cor Ambulance, Inc., 709 A.2d 422 (Pa. Commw. Ct. 1998). “74 Pa.C.S. § 1711(3). Nevertheless, Warrick claims that, aside from the exceptions to immunity found in 42 Pa.”

— 74 Pa. Cons. Stat. § 1711(a) — 13 cases

Se. Pennsylvania Transp. Auth. v. Bd. of Revision of Taxes, 833 A.2d 710 (Pa. 2003). “[3] In this case, SEPTA is a municipal authority created pursuant to 74 Pa.C.S. § 1711(a) to operate a metropolitan transportation authority.”

Se. Pennsylvania Transp. Auth. v. City of Philadelphia, 101 A.3d 79 (Pa. 2014). “In response, SEPTA pointed out that the statute authorizing the creation of metropolitan transportation authorities, such as SEPTA, provides that such an authority “shall exercise the public powers of the Commonwealth as an agency and instrumentality thereof,” 74 Pa.C.S. §…”

Se. Pennsylvania Transp. Auth. v. City of Philadelphia, 159 A.3d 443 (Pa. 2017). “The dissent stated that the General Assembly had enacted the portion of SEPTA‘s enabling act that provides that a metropolitan transportation authority such as SEPTA is ―an agency and instrumentality thereof‖ merely to avoid constitutional and statutory questions, such as…”

SEPTA v. City of Philadelphia & Philadelphia Comm'n on Human Relations, 122 A.3d 1163 (Pa. Commw. Ct. 2015). “74 Pa. C.S. §1711. SEPTA is governed by a 15-member Board.”

Davis v. Se. Pennsylvania Transp. Auth., 980 A.2d 709 (Pa. Commw. Ct. 2009). “" [5] The Third Circuit weighed the following in determining SEPTA's status under state law: Under its enabling statute, SEPTA has (1) a separate corporate existence, 74 Pa. Cons. Stat. § 1711 (a); (2) the power to sue and be sued, id.”

— 74 Pa. Cons. Stat. § 1711(c)(1) — 3 cases

SEPTA v. City of Philadelphia & Philadelphia Comm'n on Human Relations, 122 A.3d 1163 (Pa. Commw. Ct. 2015). “74 Pa. C.S. §1711. SEPTA is governed by a 15-member Board.”

IUP v. Jefferson Cnty. Bd. of Assess. Appeals v. Punxsutawney Area SD & Boro of Punxsutawney (Pa. Commw. Ct. 2020).

L. Krasner, in his Off. capacity as the D.A. of Philadelphia v. M.A. Henry, in her Off. capacity as A.G. of PA (Pa. Commw. Ct. 2024).

— 74 Pa. Cons. Stat. § 1711(c)(3) — 7 cases

SEPTA v. City of Philadelphia & Philadelphia Comm'n on Human Relations, 122 A.3d 1163 (Pa. Commw. Ct. 2015). “74 Pa. C.S. §1711. SEPTA is governed by a 15-member Board.”

Warrick v. Pro Cor Ambulance, Inc., 709 A.2d 422 (Pa. Commw. Ct. 1998). “74 Pa.C.S. § 1711(3). Nevertheless, Warrick claims that, aside from the exceptions to immunity found in 42 Pa.”

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