PRIOR PRINTER'S NOS. 525, 2896 PRINTER'S NO. 2952
No. 497 Session of 1995
INTRODUCED BY CLARK, MASLAND, DERMODY, FLICK, SATHER, VANCE,
GODSHALL, PETTIT, PESCI, MARSICO, JADLOWIEC, SCHULER, BEBKO-
JONES, READSHAW, HERMAN, LAWLESS, HENNESSEY, BUNT, EGOLF,
BATTISTO, GEIST, NAILOR, ARMSTRONG, HERSHEY, YOUNGBLOOD,
WOZNIAK, REBER, ITKIN, L. I. COHEN, STABACK, STEELMAN,
E. Z. TAYLOR, MAITLAND, PLATTS, DEMPSEY, OLASZ, D. W. SNYDER,
SEMMEL, COLAFELLA, RUBLEY, ADOLPH, TIGUE, HALUSKA AND JAMES,
FEBRUARY 1, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 13, 1995
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, FURTHER DEFINING "EMERGENCY VEHICLE"; further <--
3 providing for DUTIES OF AGENTS, FOR revocation or suspension <--
4 of operating privilege, FOR VISUAL AND AUDIBLE SIGNALS ON <--
5 EMERGENCY VEHICLES, for reports by issuing authorities and
6 for reports by courts; and making a repeal.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Sections 1532(d), 1793(a), 6322 and 6323 of Title <--
10 75 of the Pennsylvania Consolidated Statutes are amended to
11 read:
12 SECTION 1. THE INTRODUCTORY PARAGRAPH OF THE DEFINITION OF <--
13 "EMERGENCY VEHICLE" IN SECTION 102 OF TITLE 75 OF THE
14 PENNSYLVANIA CONSOLIDATED STATUTES IS AMENDED AND THE DEFINITION
15 IS AMENDED BY ADDING PARAGRAPHS TO READ:
16 § 102. DEFINITIONS.
1 SUBJECT TO ADDITIONAL DEFINITIONS CONTAINED IN SUBSEQUENT
2 PROVISIONS OF THIS TITLE WHICH ARE APPLICABLE TO SPECIFIC
3 PROVISIONS OF THIS TITLE, THE FOLLOWING WORDS AND PHRASES WHEN
4 USED IN THIS TITLE SHALL HAVE, UNLESS THE CONTEXT CLEARLY
5 INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:
6 * * *
7 "EMERGENCY VEHICLE." A FIRE DEPARTMENT VEHICLE, POLICE
8 VEHICLE, SHERIFF VEHICLE, AMBULANCE, BLOOD-DELIVERY VEHICLE,
9 ARMED FORCES EMERGENCY VEHICLE, ONE VEHICLE OPERATED BY A
10 CORONER OR CHIEF COUNTY MEDICAL EXAMINER AND ONE VEHICLE
11 OPERATED BY A CHIEF DEPUTY CORONER OR DEPUTY CHIEF COUNTY
12 MEDICAL EXAMINER USED FOR ANSWERING EMERGENCY CALLS, ONE VEHICLE
13 OPERATED BY THE HAZARDOUS INCIDENT RESPONSE TEAM, OR ANY OTHER
14 VEHICLE DESIGNATED BY THE STATE POLICE UNDER SECTION 6106
15 (RELATING TO DESIGNATION OF EMERGENCY VEHICLES BY PENNSYLVANIA
16 STATE POLICE), OR A PRIVATELY OWNED VEHICLE USED IN ANSWERING AN
17 EMERGENCY CALL WHEN USED BY ANY OF THE FOLLOWING:
18 * * *
19 (9) THE COMMANDER AND ASSISTANT COMMANDER OF AN
20 ORGANIZED SCUBA RESCUE TEAM.
21 (10) A CORONER OR CHIEF COUNTY MEDICAL EXAMINER AND ONE
22 VEHICLE OPERATED BY A CHIEF DEPUTY CORONER OR DEPUTY CHIEF
23 COUNTY MEDICAL EXAMINER.
24 * * *
25 SECTION 2. SECTION 1318 OF TITLE 75 IS AMENDED BY ADDING A
26 SUBSECTION TO READ:
27 § 1318. DUTIES OF AGENTS.
28 * * *
29 (C) LIABILITY.--AN AGENT OF THE DEPARTMENT ACTING UNDER THIS
30 SECTION SHALL NOT BE LIABLE IN A CIVIL ACTION ARISING FROM SUCH
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1 ACTION OR FOR ANY DAMAGES ON ACCOUNT OF ANY INJURY TO A PERSON
2 OR PROPERTY ARISING FROM SUCH ACTION.
3 SECTION 3. SECTIONS 1532(D), 1793(A), 4571(B) AND (F), 6322
4 AND 6323 OF TITLE 75 ARE AMENDED TO READ:
5 § 1532. Revocation or suspension of operating privilege.
6 * * *
7 (d) [Additional suspension.--] Violations of Title 18.--
8 (1) The department shall suspend the operating privilege
9 of any person upon receiving a certified record of the
10 [driver's] person's conviction, adjudication of delinquency
11 or admission into a preadjudication program for a violation
12 under 18 Pa.C.S. § 6307 (relating to misrepresentation of age
13 to secure liquor or malt or brewed beverages), 6308 (relating
14 to purchase, consumption, possession or transportation of
15 liquor or malt or brewed beverages) or 6310.3 (relating to
16 carrying a false identification card). The duration of the
17 suspension shall be as follows:
18 [(1) For a first offense, the department shall impose a
19 suspension for a period of 90 days.
20 (2) For a second offense, the department shall impose a
21 suspension for a period of one year.
22 (3) For a third and subsequent offense, the department
23 shall impose a suspension for a period of two years. Any
24 multiple suspensions imposed shall be served consecutively.
25 Courts may certify the conviction, adjudication of delinquency
26 or admission into the preadjudication program on the same form
27 used to submit the order of suspension required under the
28 provisions of 18 Pa.C.S. § 6310.4 (relating to restriction of
29 operating privileges). Wherever practicable, the suspension
30 imposed under this section shall be made concurrent with the
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1 suspension imposed under the provisions of 18 Pa.C.S. § 6310.4.
2 All offenses committed on or after May 23, 1988, shall be
3 included in considering whether an offense is a first, second,
4 third or subsequent offense.]
5 (i) For a first offense, the department shall impose
6 a suspension for a period of 90 days. If, however, the
7 person successfully completes the preadjudication program
8 to which he has been admitted, the period of suspension
9 shall be reduced to 45 days.
10 (ii) For a second offense, the department shall
11 impose a suspension for a period of one year.
12 (iii) For a third and subsequent offense, the
13 department shall impose a suspension for a period of two
14 years. Any multiple suspensions imposed shall be served
15 consecutively.
16 (2) If the person is admitted to a preadjudication
17 program, the court shall notify the department within ten
18 days from the person's successful completion of the program.
19 (3) All offenses committed on or after May 23, 1988,
20 shall be included in considering whether an offense is a
21 first, second, third or subsequent offense.
22 § 1793. Special provisions relating to premiums.
23 (a) Limitation on premium increases.--
24 (1) An insurer shall not increase the premium rate of an
25 owner of a policy of insurance subject to this chapter solely
26 because one or more of the insureds under the policy made a
27 claim under the policy and was paid thereon unless it is
28 determined that the insured was at fault in contributing to
29 the accident giving rise to the claim.
30 (2) No insurer shall charge an insured who has been
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1 convicted of a violation of an offense enumerated in section
2 1535 (relating to schedule of convictions and points) a
3 higher rate for a policy of insurance solely on account of
4 the conviction. An insurer may charge an insured a higher
5 rate for a policy of insurance if a claim is made under
6 paragraph (1).
7 (3) An insurer shall not increase premiums, impose any
8 surcharge or rate penalty, or make any driver record point
9 assignment for automobile insurance, nor shall an insurer
10 cancel or refuse to renew an automobile insurance policy on
11 account of a suspension under section 1532(d) (relating to
12 revocation or suspension of operating privilege).
13 * * *
14 § 4571. VISUAL AND AUDIBLE SIGNALS ON EMERGENCY VEHICLES. <--
15 * * *
16 (B) POLICE, SHERIFF, FIRE AND CORONER OR MEDICAL EXAMINER
17 VEHICLES.--
18 (1) POLICE, SHERIFF, CORONER, MEDICAL EXAMINER OR FIRE
19 POLICE VEHICLES MAY IN ADDITION TO THE REQUIREMENTS OF
20 SUBSECTION (A) BE EQUIPPED WITH REVOLVING OR FLASHING BLUE
21 LIGHTS. THE COMBINATION OF RED AND BLUE LIGHTS MAY BE USED
22 ONLY ON OFFICIAL POLICE, SHERIFF, CORONER, MEDICAL EXAMINER
23 OR FIRE POLICE VEHICLES, EXCEPT THAT ONE FIRE POLICE CAPTAIN
24 AND ONE FIRE POLICE LIEUTENANT OF A VOLUNTEER FIRE DEPARTMENT
25 MAY, IN ADDITION TO THE REQUIREMENTS OF SUBSECTION (A), EQUIP
26 ONE PRIVATELY OWNED VEHICLE USED IN ANSWERING AN EMERGENCY
27 CALL WITH A COMBINATION OF RED AND BLUE LIGHTS. ALL OTHER
28 PRIVATELY OWNED VEHICLES THAT MAY BE DESIGNATED AS EMERGENCY
29 VEHICLES UNDER THE PROVISIONS OF THIS TITLE MAY ONLY BE
30 EQUIPPED AS PROVIDED BY SUBSECTION (A).
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1 (2) UNMARKED POLICE AND SHERIFF VEHICLES, USED AS
2 EMERGENCY VEHICLES AND EQUIPPED WITH AUDIBLE WARNING SYSTEMS,
3 MAY BE EQUIPPED WITH THE LIGHTS DESCRIBED IN THIS SECTION.
4 (3) POLICE, SHERIFF AND FIRE VEHICLES MAY BE EQUIPPED
5 WITH A MOUNTED RACK CONTAINING ONE OR MORE EMERGENCY WARNING
6 LIGHTS OR SIDE MOUNTED FLOODLIGHTS OR ALLEY LIGHTS OR ALL
7 SUCH LIGHTS.
8 * * *
9 (F) CONFORMITY WITH DEPARTMENT REGULATIONS.--ALL EQUIPMENT
10 AUTHORIZED OR REQUIRED BY THIS SECTION SHALL CONFORM TO
11 DEPARTMENT REGULATIONS. NO PERSON SHALL SELL WITHIN THIS
12 COMMONWEALTH FOR USE UNDER THIS SECTION ANY EQUIPMENT THAT DOES
13 NOT CONFORM TO DEPARTMENT REGULATIONS. A WARRANTY OF FITNESS FOR
14 A PARTICULAR PURPOSE SHALL BE IMPLIED IN ALL CONTRACTS FOR THE
15 SALE OF EQUIPMENT AUTHORIZED OR REQUIRED BY THIS SECTION, AND
16 THIS WARRANTY MAY NOT BE EXCLUDED BY A PERSON IN THE BUSINESS OF
17 SELLING GOODS OF THAT KIND.
18 § 6322. Reports by issuing authorities.
19 (a) General rule.--Subject to any inconsistent procedures
20 and standards relating to reports and transmission of funds
21 prescribed pursuant to Title 42 (relating to judiciary and
22 judicial procedure):
23 (1) Following the fifteenth and last days of each month,
24 every issuing authority shall prepare a statement, upon forms
25 prescribed and furnished by the department, of all fines
26 collected, bail forfeited, sentence imposed and final
27 disposition for all cases on violations of any provisions of
28 this title or under 18 Pa.C.S. § 6307 (relating to
29 misrepresentation of age to secure liquor or malt or brewed
30 beverages), 6308 (relating to purchase, consumption,
19950H0497B2952 - 6 -
1 possession or transportation of liquor or malt or brewed
2 beverages) or 6310.3 (relating to carrying a false
3 identification card), including an adjudication of
4 delinquency or admission into a preadjudication program,
5 decided by the issuing authority in the semimonthly reporting
6 period just concluded. The statement shall be certified by
7 the issuing authority to be true and correct and shall be
8 forwarded to the department within the following week, with a
9 copy sent to the police department which filed the charge.
10 Any fines and bail forfeited payable to the Commonwealth
11 under Subchapter E of Chapter 35 of Title 42 (relating to
12 fines, etc.) shall accompany the report to the department.
13 (2) The report shall include the identifying number of
14 the citation, the name and residence address of the party
15 charged, the driver's license number, the registration number
16 of the vehicle involved, a description of the offense, the
17 section and subsection of the statute or ordinance violated,
18 the date of hearing, the plea, the judgment or whether bail
19 was forfeited, clear and concise reasons supporting the
20 adjudication, the sentence or amount of forfeiture and such
21 other information as the department may require.
22 (b) Use of reports by department.--The department shall
23 promptly enter the information contained in the reports in the
24 records of the persons involved in order to effect swift
25 execution of the provisions of Subchapter B of Chapter 15
26 (relating to a comprehensive system for driver education and
27 control).
28 § 6323. Reports by courts.
29 Subject to any inconsistent procedures and standards relating
30 to reports and transmission of funds prescribed pursuant to
19950H0497B2952 - 7 -
1 Title 42 (relating to judiciary and judicial procedure):
2 (1) The clerk of any court of this Commonwealth, within
3 ten days after final judgment of conviction or acquittal or
4 other disposition of charges under any of the provisions of
5 this title [or], under section 13 of the act of April 14,
6 1972 (P.L.233, No.64), known as The Controlled Substance,
7 Drug, Device and Cosmetic Act, or under 18 Pa.C.S. § 6307
8 (relating to misrepresentation of age to secure liquor or
9 malt or brewed beverages), 6308 (relating to purchase,
10 consumption, possession or transportation of liquor or malt
11 or brewed beverages) or 6310.3 (relating to carrying a false
12 identification card), including an adjudication of
13 delinquency, admission into a preadjudication program or the
14 granting of a consent decree, shall send to the department a
15 record of the judgment of conviction, acquittal or other
16 disposition.
17 (2) A record of the judgment shall also be forwarded to
18 the department upon conviction or acquittal of a person of a
19 felony, a misdemeanor of the first degree or a misdemeanor of
20 the second degree in the commission of which the judge
21 determines that a motor vehicle was essentially involved.
22 (3) The fines and bail forfeited under any of the
23 provisions of this title payable to the Commonwealth under
24 Subchapter E of Chapter 35 of Title 42 (relating to fines,
25 etc.) shall accompany the record sent to the department.
26 (4) The record of judgment required to be sent to the
27 department by paragraphs (1) and (2) shall indicate if the
28 vehicle driven by the person was a commercial motor vehicle.
29 Section 2 4. The provisions of 18 Pa.C.S. § 6310.4 are <--
30 repealed.
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1 Section 3 5. This act shall take effect as follows: <--
2 (1) The amendment of 75 Pa.C.S. § 1532(d) shall take
3 effect in 120 days.
4 (2) THE AMENDMENT OF THE DEFINITION OF "EMERGENCY <--
5 VEHICLE" IN 75 PA.C.S. § 102 AND OF 75 PA.C.S. § 4571(B) AND
6 (F) SHALL TAKE EFFECT IN 60 DAYS.
7 (2) (3) Section 2 of this act shall take effect in 120 <--
8 days.
9 (3) (4) The remainder of this act shall take effect <--
10 immediately.
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