A01894
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
753
Session of
2017
INTRODUCED BY RAFFERTY, SABATINA, MENSCH, BREWSTER, FOLMER,
COSTA, VULAKOVICH, BARTOLOTTA, AUMENT, McGARRIGLE, DINNIMAN,
SCARNATI AND YUDICHAK, JUNE 12, 2017
REFERRED TO TRANSPORTATION, JUNE 12, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in miscellaneous provisions relating to accidents
and accident reports, further providing for accident scene
clearance.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 3745.1(c) of Title 75 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
ยง 3745.1. Accident scene clearance.
* * *
(c) Police officers.--A police officer may immediately
remove or direct removal of a wrecked vehicle at the owner's or
operator's expense if the owner or operator cannot remove the
wrecked vehicle or refuses or fails to have the vehicle removed
as required under this section. In carrying out the provisions
of this subsection, no liability shall attach to the police
officer, police department or, absent a showing of gross
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negligence, to any person, Commonwealth agency, municipality or
traffic incident professional acting under the direction of the
police officer for damage to any vehicle or damage to or loss of
any portion of the contents of the vehicle.
(c.1) Traffic incident professional.--Notwithstanding any
other provision of law, liability shall not attach to a
Commonwealth agency, commission, municipality or traffic
incident professional, absent a showing of gross negligence, for
damage to a vehicle, damage to a portion of the contents of the
vehicle, damage to property or personal injury as a result of a
traffic accident when performing an incident clearance function
before the arrival of a police officer or at the direction of a
police officer under subsection (c).
* * *
(h) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Incident clearance function." An action by a traffic
incident professional that includes any of the following:
(1) Removal or the attempt to remove a vehicle or any
portion of the contents of the vehicle from the roadway to
the shoulder or other nearby place of safety.
(2) Incident detection and verification.
(3) Incident area security and protection.
(4) Rescue of persons from vehicles and hazardous
environments.
(5) Emergency medical transportation and trained care.
(6) Hazardous materials response and containment.
(7) Fire suppression and elimination.
(8) Assistance to persons from a wrecked vehicle.
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(9) Traffic direction and management, including, but not
limited to, establishment and operation of alternate routes,
traffic detours and traffic diversion.
(10) Assistance to the crash investigation before the
arrival of a police officer or at the direction of a police
officer.
(11) Coordination of accident clearance and repair
resources.
(12) Temporary roadway repair and restoration.
(13) Protection of property and vehicles.
(14) Any other action reasonably necessary to be
performed by a police officer or traffic incident
professional.
"Traffic incident professional." An emergency service
responder, an authorized person of a Commonwealth agency or
commission or an authorized person of a municipality who
performs an incident clearance function , including, but not
limited to, a person under contract with a Commonwea lth agency,
commission or municipality .
Section 2. This act shall take effect in 60 days.
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