PRINTER'S NO. 67
No. 73 Session of 2005
INTRODUCED BY THOMAS, BEBKO-JONES, CRUZ, DALEY, JAMES,
W. KELLER, WASHINGTON, YOUNGBLOOD AND CALTAGIRONE,
JANUARY 25, 2005
REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 25, 2005
AN ACT
1 Providing for the regulation of fuel dispensing at gasoline
2 stations; providing for the powers and duties of the
3 Secretary of Labor and Industry; and prescribing penalties.
4 The General Assembly finds and declares as follows:
5 (1) Because of the fire hazards directly associated with
6 dispensing fuel at a fuel dispensing facility, it is in the
7 public interest that gasoline station operators have the
8 control needed over that activity to ensure compliance with
9 appropriate safety procedures, including turning off vehicle
10 engines and refraining from smoking while fuel is dispensed.
11 (2) At self-service gasoline stations in other states,
12 cashiers are often unable to maintain a clear view of the
13 activities of customers dispensing gasoline or to give their
14 undivided attention to observing customers.
15 (3) When customers, rather than attendants, are
16 permitted to dispense fuel, it is far more difficult to
17 enforce compliance with safety procedures.
18 (4) The higher general liability insurance premium rates
1 charged to self-service stations reflect the fact that
2 customers who leave their vehicles to dispense gasoline or
3 other inflammable liquids face significant inconveniences and
4 dangers, including the risks of crime and fall-related
5 personal injury, which are a special burden to drivers with
6 physical infirmities, such as the handicapped and some senior
7 citizens.
8 (5) Exposure to toxic gasoline fumes represents a health
9 hazard when customers dispense their own gasoline,
10 particularly in the case of pregnant women.
11 (6) The significantly higher prices usually charged for
12 full-service gasoline in states where self-service is
13 permitted results in discrimination against low-income
14 individuals, who are under greater economic pressure to
15 undergo the inconvenience and hazards of dispensing their own
16 gasoline.
17 (7) The increasing use of self-service has contributed
18 to the diminished availability of repair facilities and
19 maintenance services at gasoline stations.
20 (8) Even at fuel dispensing facilities that offer both
21 self-service and full-service gasoline, customers are less
22 likely, because of the much higher price usually charged for
23 full service, to have attendants make needed maintenance
24 checks, thus causing significant neglect of maintenance and
25 danger both to the customers and to other motorists, as well
26 as the unneeded costly repairs which often result from
27 deferred maintenance.
28 (9) A prohibition of customer self-service does not
29 constitute a restraint of trade in derogation of the general
30 public interest because the General Assembly finds no
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1 conclusive evidence that self-service gasoline provides a
2 sustained reduction in gasoline prices charged to customers.
3 (10) A prohibition of self-service gasoline will
4 therefore promote the common welfare by providing increased
5 safety and convenience without causing economic harm to the
6 public in general.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Gasoline
11 Station Dispensing Safety Act.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Attendant." A retail dealer or employee of a retail dealer.
17 "Fuel." A liquid commonly or commercially known or sold as
18 gasoline or other inflammable liquid which is sold for use as
19 fuel in the internal combustion engines of motor vehicles.
20 "Gasoline station" or "station." A place of business located
21 in this Commonwealth and used for the retail sale and dispensing
22 of fuel into the tanks of motor vehicles.
23 "Retail dealer." A person operating a gasoline station.
24 "Secretary." The Secretary of Labor and Industry of the
25 Commonwealth.
26 Section 3. Dispensing of fuel.
27 It shall be unlawful for an attendant to:
28 (1) dispense fuel into the tank of a motor vehicle while
29 the vehicle's engine is in operation;
30 (2) dispense fuel into any portable container not in
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1 compliance with regulations adopted pursuant to section 5
2 (relating to certification of attendants);
3 (3) dispense fuel while smoking; or
4 (4) permit any person who is not an attendant to
5 dispense fuel into the tank of a motor vehicle or any
6 container.
7 Section 4. Training and supervision of attendants.
8 No person shall dispense fuel at a gasoline station unless
9 the person is an attendant who has received instructions
10 regarding the dispensing of fuel, had practical experience
11 dispensing fuel under the direct supervision of an experienced
12 operator for a period of not less than one full working day and,
13 upon examination at the end of that period, demonstrated his
14 understanding of those instructions. The instructions shall
15 include a full explanation of the prohibitions of section 3
16 (relating to dispensing of fuel) and any emergency procedures
17 established pursuant to section 5 (relating to certification of
18 attendants).
19 Section 5. Certification of attendants.
20 Each station shall make available for inspection by the
21 secretary a certificate for each person who dispenses fuel at
22 the station certifying that the person meets the requirements of
23 section 4 (relating to training and supervision of attendants).
24 The certificate shall be signed by the person and the retail
25 dealer who operates the station.
26 Section 6. Pump shutoff switch.
27 Each gasoline station shall be equipped, at a location remote
28 from the dispensing pumps, with a clearly identified and easily
29 accessible switch or circuit breaker to shut off the power to
30 all dispensing pumps in the event of an emergency or of a
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1 customer or other unauthorized person operating or attempting to
2 operate the pump.
3 Section 7. Penalties.
4 A violator of any provision of this act shall be liable for a
5 civil penalty of not less than $50 nor more than $250 for a
6 first offense and not more than $500 for each subsequent
7 offense. Each day that a gasoline station operates in violation
8 of the provisions of section 5 (relating to certification of
9 attendants) or 6 (relating to pump shutoff switch) is a separate
10 violation by the retail dealer who operates the station.
11 Section 8. Retail gasoline dispensing safety account.
12 There is hereby established in the State Treasury a
13 nonlapsing restricted account to be known as the Retail Gasoline
14 Dispensing Safety Account. Penalties collected pursuant to this
15 act shall be credited to the account and appropriated to fund
16 expenses for effectuating the purposes of this act. If, at the
17 close of a fiscal year, moneys are available beyond the funds
18 necessary to meet those expenses, the secretary shall determine
19 an appropriate amount to be transferred to the General Fund.
20 Section 9. Rules and regulations.
21 The secretary shall adopt rules and regulations as are
22 necessary to effectuate the purposes of this act, including
23 regulations establishing emergency procedures and standards
24 concerning pump shutoff switches and other safety equipment to
25 be used at gasoline stations, and standards for portable
26 containers for fuel dispensed at gasoline stations, which
27 standards shall be consistent with other Federal and State
28 regulations.
29 Section 10. Effective date.
30 This act shall take effect in 60 days.
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