PRINTER'S NO.  3104

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2199

Session of

2012

  

  

INTRODUCED BY STEPHENS, BOBACK, GEORGE, HESS, HORNAMAN, KNOWLES, MAJOR, MILLARD, MURT, ROCK, SWANGER, TALLMAN, TOEPEL, VULAKOVICH AND WATSON, FEBRUARY 14, 2012

  

  

REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 14, 2012  

  

  

  

AN ACT

  

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Amending Title 75 (Vehicles) of the Pennsylvania Consolidated

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Statutes, further providing for duty of driver in emergency

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response areas.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 3327(a), (b) and (b.1) of Title 75 of the

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Pennsylvania Consolidated Statutes are amended and the section

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is amended by adding a subsection to read:

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§ 3327.  Duty of driver in emergency response areas.

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(a)  General rule.--When approaching or passing an emergency

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response area, a person, unless otherwise directed by an

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emergency service responder, shall:

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(1)  pass in a lane not adjacent to that of the emergency

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response area, if possible; [or]

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(2)  if passing in a nonadjacent lane is impossible,

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illegal or unsafe, pass the emergency response area at a

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careful and prudent reduced speed reasonable for safely

 


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passing the emergency response area[.]; or

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(3)  not drive past, around or through a sign or traffic-

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control device closing a road or highway due to an existing

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or potentially hazardous condition.

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(b)  Penalty.--

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(1)  Any person violating subsection (a) commits a

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summary offense and shall, upon conviction, pay a fine of not

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more than $250.

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(2)  A person who violates subsection (a)(3) commits a

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summary offense and shall, upon conviction, pay a fine of not

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more than $500 if the individual or the disabled vehicle

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utilizes the services of a first responder or emergency

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medical or rescue services personnel, including towing

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services as a result of the violation.

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(b.1)  Suspension of operating privilege.--The department

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shall suspend the operating privilege of any person for 90 days

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upon receiving a certified record of the driver's conviction,

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adjudication of delinquency or admission into a preadjudication

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program for a violation of subsection (a), if the certified

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conviction indicates the violation resulted in serious bodily 

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injury to another person or if the vehicle becomes disabled as a

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result of violating subsection (a)(3). The license shall be

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surrendered in accordance with section 1540 (relating to

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surrender of license).

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(b.2)  Presumption.--For the purposes of this section, it is

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presumed that a vehicle became disabled as a result of violating

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subsection (a)(3) if it was disabled near or in the hazard for

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which the traffic-control device had been placed absent evidence

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to the contrary.

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* * *

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Section 2.  This act shall take effect in 60 days.

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