PRINTER'S NO. 295
No. 294 Session of 2001
INTRODUCED BY McCALL, CAPPABIANCA, GEIST, LAUGHLIN, M. COHEN,
COY, CRUZ, MELIO, STABACK AND TRELLO, JANUARY 30, 2001
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 30, 2001
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for duty of driver on approach of
3 emergency vehicle.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 3325 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 3325. Duty of driver on approach of emergency vehicle.
9 * * *
10 (c) Defense.--It is a defense to prosecution under this
11 section if the defendant can show by a preponderance of the
12 evidence that the failure to stop immediately for a police
13 vehicle was based on a good faith concern for his or her
14 personal safety. In determining whether the defendant has met
15 this burden, the court shall consider the time and location the
16 events took place, the defendant's conduct while being followed
17 and whether the defendant stopped at the first available
18 reasonably lighted and populated area.
1 Section 2. Sections 3733(c) and 4571(b) of Title 75 are
2 amended to read:
3 § 3733. Fleeing or attempting to elude police officer.
4 * * *
5 (c) Defenses.--It is a defense to a prosecution under this
6 section:
7 (1) that the pursuing police vehicle was not clearly
8 identifiable by its markings or, if unmarked, was not
9 occupied by a police officer who was in uniform and
10 displaying a badge or other sign of authority[.]; or
11 (2) if the defendant can show by a preponderance of the
12 evidence that the defendant's failure to stop immediately was
13 based on a good faith concern for the defendant's personal
14 safety. In determining whether the defendant has met this
15 burden, the court shall consider the time and location where
16 the events took place, the defendant's conduct while being
17 followed and whether the defendant stopped at the first
18 available reasonably lighted and populated area.
19 § 4571. Visual and audible signals on emergency vehicles.
20 * * *
21 (b) Police[,] or sheriff[, fire and coroner or medical
22 examiner] vehicles.--
23 (1) Police[,] or sheriff[, coroner, medical examiner or
24 fire police] vehicles may in addition to the requirements of
25 subsection (a) be equipped with revolving or flashing blue
26 lights. The combination of red and blue lights may be used
27 only on police[,] or sheriff[, coroner, medical examiner or
28 fire police] vehicles.
29 (2) Unmarked police and sheriff vehicles, used as
30 emergency vehicles and equipped with audible warning systems,
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1 may be equipped with [the lights described in this section] a
2 combination of red and blue lights.
3 (3) Police, sheriff and fire vehicles may be equipped
4 with a mounted rack containing one or more emergency warning
5 lights or side mounted floodlights or alley lights or all
6 such lights.
7 * * *
8 Section 3. This act shall take effect in 90 days.
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