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SENATE AMENDED
PRIOR PRINTER'S NO. 1121
PRINTER'S NO. 3675
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
898
Session of
2015
INTRODUCED BY BOYLE, TAYLOR, FREEMAN, THOMAS, DRISCOLL, COHEN,
ZIMMERMAN, KORTZ, GILLEN, MURT, C. PARKER, DONATUCCI,
MICCARELLI AND DAVIS, APRIL 8, 2015
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 29, 2016
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in preliminary provisions, further defining
"emergency vehicle"; in operation of vehicles, further
providing for drivers of emergency vehicles; and, in other
required equipment, further providing for visual and audible
signals on emergency vehicles and for visual signals on
authorized vehicles; AND, IN POWERS OF DEPARTMENT AND LOCAL
AUTHORITIES, PROVIDING FOR REMOVAL OF DEAD DEER.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "emergency vehicle" in section
102 of Title 75 of the Pennsylvania Consolidated Statutes,
amended October 14, 2014 (P.L. 2491, No.140) NOVEMBER 4, 2015
(P.L.227, NO.61), is amended to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
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:
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* * *
"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, a vehicle that is
owned and operated by a county correctional institution in a
city of the first class and used to respond to an emergency at a
correctional institution in a city of the first class or to
escort an ambulance which is transporting sick or injured
prisoners in a city of the first class, 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, A VEHICLE OWNED AND OPERATED BY THE
PENNSYLVANIA TURNPIKE 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 3105 of Title 75 is amended by adding a
subsection to read:
§ 3105. Drivers of emergency vehicles.
* * *
(d.1) Vehicles owned and operated by a county correctional
institution in a city of the first class.--The driver of a
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vehicle that is owned and operated by a county correctional
institution in a city of the first class and used to respond to
an emergency at a correctional institution in a city of the
first class or to escort an ambulance which is transporting a
sick or injured prisoner in a city of the first class shall
comply with maximum speed limits, red signal indications and
stop signs. After ascertaining that the vehicle will be given
the right-of-way, the driver may proceed through a red signal
indication or stop sign.
* * *
Section 3. Section 4571(f) of Title 75 is amended and
subsection (b.1) is amended by adding a paragraph PARAGRAPHS to
read:
§ 4571. Visual and audible signals on emergency vehicles.
* * *
(b.1) Mounted lights and additional equipment.--
* * *
(1.1) Nothing contained in the regulations under
paragraph (1) may be construed to require a limit,
modification or change of the lighting in police, sheriff and
fire vehicles legally complying with regulations as of the
date of enactment of this paragraph as long as the vehicle is
used as an emergency vehicle.
* * *
(3) THE DEPARTMENT MAY NOT PROHIBIT THE USE OF FLASHING
OR REVOLVING LIGHTS MOUNTED INTERNALLY IN THE PASSENGER
COMPARTMENT OF FIRE DEPARTMENT VEHICLES OR PRIVATELY OWNED
VEHICLES USED IN ANSWERING AN EMERGENCY CALL WHEN USED BY A
FIRE CHIEF, ASSISTANT CHIEF AND, WHEN A FIRE COMPANY HAS
THREE OR MORE FIRE VEHICLES, A SECOND OR THIRD ASSISTANT
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CHIEF THAT COMPLY WITH THE DEPARTMENT'S REGULATIONS.
(4) ON AN ANNUAL BASIS, BUT NO LATER THAN APRIL 1 OF
EACH YEAR, THE STATE FIRE COMMISSIONER MAY RECOMMEND TO THE
DEPARTMENT ANY CHANGES OR CHALLENGES TO THE EMERGING
TECHNOLOGY OF THE FLASHING OR REVOLVING LIGHTS MOUNTED
INTERNALLY OR EXTERNALLY IN PRIVATELY OWNED VEHICLES OF
VOLUNTEER FIREFIGHTERS WHEN USED IN ANSWERING AN EMERGENCY
CALL. THE DEPARTMENT, IN CONSULTATION WITH THE PENNSYLVANIA
STATE POLICE, SHALL REVIEW THE RECOMMENDATIONS AND MAY
PROMULGATE ANY NECESSARY REGULATIONS ON THE USE, TYPE AND
INSTALLATION OF THE EMERGING TECHNOLOGY.
* * *
(f) Conformity with department regulations.--[All] Except as
provided under subsection (b.1)(1.1), all equipment authorized
or required by this section shall conform to department
regulations.
Section 4. Section 4572(a) of Title 75 is amended by adding
a paragraph to read:
§ 4572. Visual signals on authorized vehicles.
(a) Flashing or revolving blue lights.--Ambulance personnel,
volunteer firefighters, certified volunteer search and rescue
organization members and owners and handlers of dogs used in
tracking humans may each equip one motor vehicle with no more
than two flashing or revolving blue lights.
* * *
(2.1) Nothing contained in the regulations under
paragraph (2) shall be construed to require a limit,
modification or change of the lighting in vehicles legally
complying with regulations as of the date of enactment of
this paragraph as long as the vehicle is used in a manner
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that otherwise complies with this section.
* * *
SECTION 5. TITLE 75 IS AMENDED BY ADDING A SECTION TO READ:
§ 6119. REMOVAL OF DEAD DEER.
(A) DUTY.--IT IS THE DUTY OF THE DEPARTMENT TO REMOVE DEAD
DEER FROM THE STATE RIGHT-OF-WAY UPON IMMEDIATE NOTIFICATION AND
WHEN THE DEPARTMENT IS CONDUCTING GENERAL MAINTENANCE ON THE
STATE RIGHT-OF-WAY.
(B) NOTICE OF HAZARD.--THE DEPARTMENT SHALL ERECT SIGNS
STRATEGICALLY INFORMING THE PUBLIC OF DEER CROSSINGS AND PROVIDE
NOTICE TO THE PUBLIC ON WHEN DEER ARE MOST ACTIVE TO REDUCE THE
RISK OF A DEER-RELATED CRASH.
Section 5 6. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THIS SECTION AND THE ADDITION OF 75 PA.C.S. §
4571(B.1)(3) AND (4) SHALL TAKE EFFECT IMMEDIATELY.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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