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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY STEPHENS, BOBACK, GEORGE, HESS, HORNAMAN, KNOWLES, MAJOR, MILLARD, MURT, ROCK, SWANGER, TALLMAN, TOEPEL, VULAKOVICH AND WATSON, FEBRUARY 14, 2012 |
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| REFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS, FEBRUARY 14, 2012 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for duty of driver in emergency |
3 | response areas. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 3327(a), (b) and (b.1) of Title 75 of the |
7 | Pennsylvania Consolidated Statutes are amended and the section |
8 | is amended by adding a subsection to read: |
9 | § 3327. Duty of driver in emergency response areas. |
10 | (a) General rule.--When approaching or passing an emergency |
11 | response area, a person, unless otherwise directed by an |
12 | emergency service responder, shall: |
13 | (1) pass in a lane not adjacent to that of the emergency |
14 | response area, if possible; [or] |
15 | (2) if passing in a nonadjacent lane is impossible, |
16 | illegal or unsafe, pass the emergency response area at a |
17 | careful and prudent reduced speed reasonable for safely |
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1 | passing the emergency response area[.]; or |
2 | (3) not drive past, around or through a sign or traffic- |
3 | control device closing a road or highway due to an existing |
4 | or potentially hazardous condition. |
5 | (b) Penalty.-- |
6 | (1) Any person violating subsection (a) commits a |
7 | summary offense and shall, upon conviction, pay a fine of not |
8 | more than $250. |
9 | (2) A person who violates subsection (a)(3) commits a |
10 | summary offense and shall, upon conviction, pay a fine of not |
11 | more than $500 if the individual or the disabled vehicle |
12 | utilizes the services of a first responder or emergency |
13 | medical or rescue services personnel, including towing |
14 | services as a result of the violation. |
15 | (b.1) Suspension of operating privilege.--The department |
16 | shall suspend the operating privilege of any person for 90 days |
17 | upon receiving a certified record of the driver's conviction, |
18 | adjudication of delinquency or admission into a preadjudication |
19 | program for a violation of subsection (a), if the certified |
20 | conviction indicates the violation resulted in serious bodily |
21 | injury to another person or if the vehicle becomes disabled as a |
22 | result of violating subsection (a)(3). The license shall be |
23 | surrendered in accordance with section 1540 (relating to |
24 | surrender of license). |
25 | (b.2) Presumption.--For the purposes of this section, it is |
26 | presumed that a vehicle became disabled as a result of violating |
27 | subsection (a)(3) if it was disabled near or in the hazard for |
28 | which the traffic-control device had been placed absent evidence |
29 | to the contrary. |
30 | * * * |
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1 | Section 2. This act shall take effect in 60 days. |
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