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04/19/2024 10:24 AM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20190&cosponId=32510
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Senate of Pennsylvania
Session of 2019 - 2020 Regular Session

MEMORANDUM

Posted: October 1, 2020 10:00 AM
From: Senator Pam Iovino
To: All Senate members
Subject: Scott's Law
 
On October 5, 2017, Scott Hirsh was traveling northbound on I-279 in Ohio Township, Allegheny County, when he experienced issues with the camper he was towing. He safely pulled off onto the shoulder of I-279, set up road flares and traffic cones, and put his blinkers on.

As he was changing the tire on his camper, a distracted driver swerved from the far-left lane, across all travel lanes, and fatally struct Scott. Despite doing everything right – pulling off as far into the shoulder as possible, correctly and adequately displaying safety markings (i.e. blinkers, road flares, caution signs) – Scott didn’t make it home to his family that night.

After the incident, state police and the Allegheny County District Attorney said that they planned to cite the distracted driver with careless driving or criminal negligence. However, due to a lack of applicable laws on the books, the driver wasn’t prosecuted.

His surviving family, including widow Cheryl Hirsh, son Christian, and Scott’s in-laws Terri Dewitt and Steve Kopcho, brought this tragic event to my attention. They understand that they can’t bring Scott back, but they want to do anything they can to prevent this tragedy from happening to another family.

My legislation would build upon Act 20 of 2017, compliment Senate legislation currently in the House that would strengthen and support Pennsylvania’s “Steer Clear Law”, and enhance the “Steer Clear Law” by creating a new category of “disabled vehicle” in Section 3327 of Title 75. The “disabled vehicle” designation would be granted to a vehicle that adequately displays at least two of three safety markings (i.e. blinkers, road flares, caution signs). Drivers would be required to pass these disabled vehicles in the same manner as they are required to pass emergency service areas, and this legislation would put violations and penalties for failing to safely pass disabled vehicles on par with those associated with failing to safely pass emergency service areas.

This extension of our Commonwealth’s “Steer Clear Law” would benefit all drivers, including tow truck drivers and first responders, by raising public awareness on the necessity to move over or slow down when passing a road-side vehicle. This legislation will provide consistent protections to safe and responsible drivers and their passengers across our Commonwealth.

Please join me in co-sponsoring this important legislation.



Introduced as SB1345