A05344
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1414
Session of
2017
INTRODUCED BY BARRAR, BOBACK, V. BROWN, GABLER, GILLEN,
KAVULICH, MURT, ZIMMERMAN AND KORTZ, MAY 19, 2017
AS REPORTED FROM COMMITTEE ON TRANSPORTATION, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 11, 2017
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, in other required equipment, further providing for
visual signals on authorized vehicles. IN GENERAL PROVISIONS,
FURTHER PROVIDING FOR DEFINITIONS; AND, IN OTHER REQUIRED
EQUIPMENT, FURTHER PROVIDING for visual and audible signals
on emergency vehicles and FOR VISUAL SIGNALS ON AUTHORIZED
VEHICLES AND PROVIDING FOR FLASHING OR REVOLVING YELLOW AND
WHITE LIGHTS AND FOR SOLID WASTE COLLECTION VEHICLES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4572 of Title 75 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 4572. Visual signals on authorized vehicles.
* * *
(d) Emergency towing lights.--The following shall apply:
(1) A tow truck may be equipped with one or more
flashing or revolving yellow lights and one or more flashing
or revolving red lights to remove a disabled vehicle under
one of the following conditions:
(i) Responding to a 911 dispatch.
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(ii) Responding to a request from law enforcement
for the removal of a disabled vehicle.
(iii) Responding to a request from the owner or
operator of the disabled vehicle.
(2) The manner in which the light or lights shall be
displayed and the intensity shall be determined by regulation
of the department.
(3) The combination of yellow and red lights specified
in this subsection may be used only during the period in
which the tow truck is at the incident to which it was
dispatched or requested for the removal of a disabled
vehicle. Use of the combination lights to and from the
incident is prohibited.
(4) Unauthorized use of the lights specified in this
subsection shall be a summary offense punishable by a fine of
not less than $500 nor more than $1,000.
SECTION 1. THE DEFINITION OF "EMERGENCY VEHICLE" IN SECTION
102 OF TITLE 75 OF THE PENNSYLVANIA CONSOLIDATED STATUTES IS
AMENDED AND THE SECTION IS AMENDED BY ADDING A DEFINITION 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:
* * *
"EMERGENCY VEHICLE." A STATE OR COUNTY EMERGENCY MANAGEMENT
VEHICLE, FIRE DEPARTMENT VEHICLE, POLICE VEHICLE, SHERIFF
VEHICLE, AMBULANCE, ADVANCED LIFE SUPPORT SQUAD VEHICLE, BASIC
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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 BY A CITY OF THE FIRST CLASS AND OPERATED BY FIRST
JUDICIAL DISTRICT CERTIFIED ARMED PROBATION OFFICERS, 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
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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.
* * *
"SOLID WASTE COLLECTION VEHICLE." A VEHICLE USED FOR THE
CURBSIDE COLLECTION OF MUNICIPAL SOLID WASTE OR RECYCLABLES.
* * *
Section 2. Section 4571(b.1)(3) of Title 75 is amended to
read:
§ 4571. Visual and audible signals on emergency vehicles.
* * *
(b.1) Mounted lights and additional equipment.--
* * *
(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
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vehicles used in answering an emergency call when used by a
fire police captain, fire police lieutenant, fire chief,
assistant chief and, when a fire company has three or more
fire vehicles, a second or third assistant chief that comply
with the department's regulations.
* * *
SECTION 2 3. SECTION 4572(A) INTRODUCTORY PARAGRAPH OF TITLE
75 IS AMENDED AND THE SUBSECTION 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. THE FOLLOWING SHALL
APPLY:
* * *
(7) THE DEPARTMENT MAY NOT PROHIBIT THE USE OF FLASHING
OR REVOLVING BLUE LIGHTS MOUNTED INTERNALLY IN THE PASSENGER
COMPARTMENT OF A PRIVATELY-OWNED VEHICLE USED IN ANSWERING AN
EMERGENCY CALL THAT OTHERWISE COMPLY WITH THE DEPARTMENT'S
REGULATIONS.
* * *
SECTION 3 4. TITLE 75 IS AMENDED BY ADDING SECTIONS TO READ:
§ 4572.1. FLASHING OR REVOLVING YELLOW AND WHITE LIGHTS.
(A) GENERAL RULE.--TOW TRUCKS MAY BE EQUIPPED WITH ONE OR
MORE FLASHING OR REVOLVING YELLOW LIGHTS AND ONE OR MORE
FLASHING OR REVOLVING WHITE LIGHTS. THE MANNER IN WHICH THE
LIGHT OR LIGHTS SHALL BE DISPLAYED AND THE INTENSITY SHALL BE
DETERMINED BY REGULATION OF THE DEPARTMENT.
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(B) LIMITATIONS.--THE FLASHING OR REVOLVING YELLOW AND WHITE
LIGHTS ON TOW TRUCKS SHALL BE ACTIVATED ONLY WHEN THE VEHICLE IS
ACTIVELY PERFORMING THE TYPE OF WORK WHICH IS THE BASIS OF THE
DESIGNATION OF THE VEHICLE AS AN AUTHORIZED VEHICLE OR IS WITHIN
THE VICINITY OF AN EMERGENCY RESPONSE AREA. TOW TRUCKS SHALL NOT
OPERATE WITH ACTIVATED FLASHING OR REVOLVING YELLOW AND WHITE
LIGHTS WHEN:
(1) NOT ENGAGED IN THE ACT OF TOWING A VEHICLE.
(2) BRAKE LIGHTS, TURN SIGNALS AND OPERATING LIGHTS ARE
VISIBLE FROM THE REAR AND NOT OBSTRUCTED.
(3) THE VEHICLE BEING TOWED DOES NOT TRAIL BEHIND THE
TOW TRUCK AND IS SECURELY POSITIONED ON THE FLATBED OF THE
TOW TRUCK WITH NO PARTS OF THE TOWED VEHICLE OVERHANGING.
(C) PENALTY.--UNAUTHORIZED USE OF THE LIGHTS SPECIFIED IN
THIS SUBSECTION SHALL BE A SUMMARY OFFENSE PUNISHABLE BY A FINE
OF $50.
§ 4572.2. SOLID WASTE COLLECTION VEHICLES.
(A) GENERAL RULE.--UPON APPROACHING AND PASSING A STATIONARY
SOLID WASTE COLLECTION VEHICLE THAT IS GIVING A VISUAL SIGNAL BY
MEANS OF BRIGHT YELLOW STROBE LIGHT AS REQUIRED UNDER SUBSECTION
(B), THE DRIVER OF AN APPROACHING VEHICLE SHALL PROCEED AS
FOLLOWS:
(1) MAKE A LANE CHANGE INTO A LANE NOT ADJACENT TO THE
SOLID WASTE COLLECTION VEHICLE, IF POSSIBLE IN THE EXISTING
SAFETY AND TRAFFIC CONDITIONS; OR
(2) IF A LANE CHANGE UNDER PARAGRAPH (1) WOULD BE
IMPOSSIBLE, PROHIBITED BY LAW OR UNSAFE, REDUCE THE SPEED OF
THE MOTOR VEHICLE TO A REASONABLE AND PROPER SPEED FOR THE
EXISTING ROAD AND TRAFFIC CONDITIONS, WHICH SHALL BE LESS
THAN THE POSTED SPEED LIMIT, AND BE PREPARED TO STOP.
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(B) REQUIREMENTS FOR SOLID WASTE COLLECTION VEHICLES.--SOLID
WASTE COLLECTION VEHICLES SHALL BE EQUIPPED WITH A BRIGHT YELLOW
STROBE LIGHT AFFIXED TO THE ROOF, WHICH SHALL BE MOUNTED TO
PROVIDE VISIBILITY TO VEHICLES APPROACHING FROM ANY DIRECTION,
IN ACCORDANCE WITH DEPARTMENT REGULATIONS. THE STROBE LIGHT
SHALL BE ACTIVE WHILE STOPPED UPON A STREET AND WHILE ENGAGED IN
THE COLLECTION OF GARBAGE, SOLID WASTES, RECYCLABLES AND REFUSE
OR WHILE MOVING BETWEEN STOPS AT A SPEED NOT GREATER THAN 10
MILES PER HOUR.
Section 2 4 5. This act shall take effect in 60 days.
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