HOUSE AMENDED
PRIOR PRINTER'S NO. 824
PRINTER'S NO. 1302
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
765
Session of
2015
INTRODUCED BY BROOKS, SCARNATI, RAFFERTY, ALLOWAY, BAKER,
BOSCOLA, EICHELBERGER, HUTCHINSON, MENSCH, PILEGGI, SCHWANK,
TEPLITZ, WARD, YAW AND YUDICHAK, MAY 1, 2015
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 5, 2015
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further providing for
the definition DEFINITIONS of "emergency service responder"
AND "EMERGENCY VEHICLE" and providing for the definitions of
"electric cooperative personnel" and "electric utility
personnel"; and, in rules of the road in general, further
providing for duty of driver in emergency response areas.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "emergency service responder"
in section 102 of Title 75 of the Pennsylvania Consolidated
Statutes is amended by adding a paragraph and the section is
amended by adding definitions to read:
SECTION 1. THE DEFINITION OF "EMERGENCY SERVICE RESPONDER"
IN SECTION 102 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED
STATUTES IS AMENDED BY ADDING A PARAGRAPH AND THE DEFINITION OF
"EMERGENCY VEHICLE" IS AMENDED TO READ:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
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provisions of this title which are applicable to specific
provisions of this title, the following words and phrases when
used in this title shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Electric cooperative personnel." Individuals who:
(1) work as employees or contractors of an electric
cooperative;
(2) provide disaster emergency-related services,
including repair, renovation, installation, construction and
activities related to damaged, impaired or destroyed
infrastructure; and
(3) perform services under paragraph (2) within the
first 72 hours after a declared emergency or until the
expiration of a declared emergency, whichever is later.
* * *
"Electric utility personnel." Individuals who:
(1) work as employees or contractors of an electric
utility;
(2) provide disaster emergency-related services,
including repair, renovation, installation, construction and
activities related to damaged, impaired or destroyed
infrastructure; and
(3) perform services under paragraph (2) within the
first 72 hours after a declared emergency or until the
expiration of a declared emergency, whichever is later.
* * *
"Emergency service responder." An individual acting in an
official capacity as any of the following:
* * *
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(14) Electric cooperative personnel and electric utility
personnel. CONTRACTORS OR EMPLOYEES OF A PUBLIC UTILITY AS
DEFINED UNDER 66 PA.C.S. § 102 (RELATING TO DEFINITIONS), A
MUNICIPALLY OWNED UTILITY OR AN ELECTRIC COOPERATIVE AS
DEFINED IN 15 PA.C.S. CH. 73 (RELATING TO ELECTRIC
COOPERATIVE CORPORATIONS).
"EMERGENCY VEHICLE." A STATE OR COUNTY EMERGENCY MANAGEMENT
VEHICLE, FIRE DEPARTMENT VEHICLE, POLICE VEHICLE, SHERIFF
VEHICLE, AMBULANCE, ADVANCED LIFE SUPPORT SQUAD VEHICLE, BASIC
LIFE SUPPORT SQUAD VEHICLE, EMERGENCY CANTEEN SUPPORT SERVICE
ORGANIZATION VEHICLE, BLOOD DELIVERY VEHICLE, HUMAN ORGAN
DELIVERY VEHICLE, HAZARDOUS MATERIAL RESPONSE VEHICLE, ARMED
FORCES EMERGENCY VEHICLE, ONE VEHICLE OPERATED BY A CORONER OR
CHIEF COUNTY MEDICAL EXAMINER AND ONE VEHICLE OPERATED BY A
CHIEF DEPUTY CORONER OR DEPUTY CHIEF COUNTY MEDICAL EXAMINER
USED FOR ANSWERING EMERGENCY CALLS, A VEHICLE OWNED BY OR LEASED
TO A REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL THAT IS USED AS
AUTHORIZED BY THE DEPARTMENT OF HEALTH TO RESPOND TO AN ACTUAL
OR POTENTIAL DISASTER, MASS CASUALTY SITUATION OR SUBSTANTIAL
THREAT TO PUBLIC HEALTH, A VEHICLE OWNED BY A COUNTY OR REGIONAL
POLICE ASSOCIATION AND OPERATED BY A POLICE OFFICER THAT IS USED
FOR POLICE TRANSPORT OR VICTIM EXTRACTION, ANY VEHICLE OPERATED
BY A SPECIAL AGENT, SPECIAL AGENT SUPERVISOR, NARCOTICS AGENT OR
NARCOTICS AGENT SUPERVISOR WHILE PERFORMING OFFICIAL DUTIES AS
EMPLOYEES OF THE OFFICE OF ATTORNEY GENERAL, ANY VEHICLE OWNED
AND OPERATED BY THE PHILADELPHIA PARKING AUTHORITY ESTABLISHED
IN ACCORDANCE WITH 53 PA.C.S. CH. 55 (RELATING TO PARKING
AUTHORITIES) AND USED IN THE ENFORCEMENT OF 53 PA.C.S. CH. 57
(RELATING TO TAXICABS AND LIMOUSINES IN FIRST CLASS CITIES), A
VEHICLE OWNED AND OPERATED BY THE PENNSYLVANIA TURNPIKE
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COMMISSION THAT IS USED BY AN EMERGENCY SERVICE RESPONDER AS
DISPATCHED BY THE PENNSYLVANIA TURNPIKE COMMISSION'S TRAFFIC
OPERATIONS CENTER, OR ANY OTHER VEHICLE DESIGNATED BY THE STATE
POLICE UNDER SECTION 6106 (RELATING TO DESIGNATION OF EMERGENCY
VEHICLES BY PENNSYLVANIA STATE POLICE), OR A PRIVATELY OWNED
VEHICLE USED IN ANSWERING AN EMERGENCY CALL WHEN USED BY ANY OF
THE FOLLOWING:
(1) A POLICE CHIEF AND ASSISTANT CHIEF.
(2) A FIRE CHIEF, ASSISTANT CHIEF AND, WHEN A FIRE
COMPANY HAS THREE OR MORE FIRE VEHICLES, A SECOND OR THIRD
ASSISTANT CHIEF.
(3) A FIRE POLICE CAPTAIN AND FIRE POLICE LIEUTENANT.
(4) AN AMBULANCE CORPS COMMANDER AND ASSISTANT
COMMANDER.
(5) A RIVER RESCUE COMMANDER AND ASSISTANT COMMANDER.
(6) A COUNTY EMERGENCY MANAGEMENT COORDINATOR.
(7) A FIRE MARSHAL.
(8) A RESCUE SERVICE CHIEF AND ASSISTANT CHIEF.
(9) THE CHIEF OR OPERATIONS DIRECTOR OF A COUNTY
HAZARDOUS MATERIALS RESPONSE TEAM.
* * *
Section 2. Section 3327(f) of Title 75 is amended to read:
§ 3327. Duty of driver in emergency response areas.
* * *
(f) Definition.--As used in this section, the term
"emergency response area" means [the] any of the following:
(1) The area in which emergency service responders
render emergency assistance to individuals on or near a
roadway or a police officer is conducting a traffic stop or
systematic check of vehicles or controlling or directing
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traffic as long as the emergency vehicle is making use of
visual signals meeting the requirements of Subchapter D of
Chapter 45.
(2) The area in which electric cooperative personnel or
electric utility personnel provide disaster emergency-related
services CONTRACTORS OR EMPLOYEES OF A PUBLIC UTILITY, A
MUNICIPALLY OWNED UTILITY OR AN ELECTRIC COOPERATIVE PROVIDE
DISASTER EMERGENCY-RELATED SERVICES, INCLUDING, BUT NOT
LIMITED TO, THE REPAIR, RENOVATION, INSTALLATION,
CONSTRUCTION AND ACTIVITIES RELATED TO DAMAGED, IMPAIRED OR
DESTROYED INFRASTRUCTURE, within the first 72 hours after a
declared emergency or until the expiration of a declared
emergency, whichever is later, as long as the electric
cooperative personnel or electric utility personnel vehicle
is VEHICLES USED TO PROVIDE DISASTER EMERGENCY-RELATED
SERVICES ARE making use of visual signals as authorized under
section 4572(b) (relating to visual signals on authorized
vehicles).
Section 3. This act shall take effect in 60 days.
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