| SENATE AMENDED |
| PRIOR PRINTER'S NO. 902 | PRINTER'S NO. 2576 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GEIST, MILLER, DENLINGER, FLECK, FREEMAN, GINGRICH, GROVE, HICKERNELL, KILLION, MAJOR, MATZIE, REICHLEY, SCAVELLO, VULAKOVICH, WAGNER, SWANGER AND FABRIZIO, MARCH 1, 2011 |
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| SENATOR RAFFERTY, TRANSPORTATION, IN SENATE, AS AMENDED, OCTOBER 18, 2011 |
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| AN ACT |
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1 | Amending Title 75 (Vehicles) of the Pennsylvania Consolidated |
2 | Statutes, further providing for definitions, for requirement | <-- |
3 | for commercial driver's license and for the Pedalcycle and |
4 | Pedestrian Advisory Committee. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 3571(b) and (f) of Title 75 of the | <-- |
8 | Pennsylvania Consolidated Statutes are amended to read: |
9 | Section 1. The definition of "emergency vehicle" in section | <-- |
10 | 102 of Title 75 of the Pennsylvania Consolidated Statutes is |
11 | amended to read: |
12 | § 102. Definitions. |
13 | Subject to additional definitions contained in subsequent |
14 | provisions of this title which are applicable to specific |
15 | provisions of this title, the following words and phrases when |
16 | used in this title shall have, unless the context clearly |
17 | indicates otherwise, the meanings given to them in this section: |
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1 | * * * |
2 | "Emergency vehicle." A county emergency management vehicle, |
3 | fire department vehicle, police vehicle, sheriff vehicle, |
4 | ambulance, advanced life support squad vehicle, basic life |
5 | support squad vehicle, blood delivery vehicle, human organ |
6 | delivery vehicle, hazardous material response vehicle, armed |
7 | forces emergency vehicle, one vehicle operated by a coroner or |
8 | chief county medical examiner and one vehicle operated by a |
9 | chief deputy coroner or deputy chief county medical examiner |
10 | used for answering emergency calls, a vehicle owned by or leased |
11 | to a regional emergency medical services council that is used as |
12 | authorized by the Department of Health to respond to an actual |
13 | or potential disaster, mass casualty situation or substantial |
14 | threat to public health, any vehicle owned and operated by the |
15 | Philadelphia Parking Authority established in accordance with 53 |
16 | Pa.C.S. Ch. 55 (relating to parking authorities) and used in the |
17 | enforcement of 53 Pa.C.S. Ch. 57 (relating to taxicabs and |
18 | limousines in first class cities), or any other vehicle |
19 | designated by the State Police under section 6106 (relating to |
20 | designation of emergency vehicles by Pennsylvania State Police), |
21 | or a privately owned vehicle used in answering an emergency call |
22 | when used by any of the following: |
23 | (1) A police chief and assistant chief. |
24 | (2) A fire chief, assistant chief and, when a fire |
25 | company has three or more fire vehicles, a second or third |
26 | assistant chief. |
27 | (3) A fire police captain and fire police lieutenant. |
28 | (4) An ambulance corps commander and assistant |
29 | commander. |
30 | (5) A river rescue commander and assistant commander. |
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1 | (6) A county emergency management coordinator. |
2 | (7) A fire marshal. |
3 | (8) A rescue service chief and assistant chief. |
4 | * * * |
5 | Section 2. Sections 1606(b) and 3571(b) and (f) of Title 75 |
6 | are amended to read: |
7 | § 1606. Requirement for commercial driver's license. |
8 | * * * |
9 | (b) Exemptions.--The following persons are not required to |
10 | obtain a commercial driver's license in order to drive the |
11 | commercial motor vehicle specified: |
12 | (1) A person with a commercial driver learner's permit |
13 | who is accompanied by the holder of a commercial driver's |
14 | license valid for the vehicle being driven. |
15 | (2) A person in the service of the Armed Forces of the |
16 | United States, including members of the Reserves and National |
17 | Guard on active duty; personnel on full-time National Guard |
18 | duty; and personnel on inactive National Guard duty training |
19 | or part-time National Guard training and National Guard |
20 | military technicians who are required to wear military |
21 | uniforms; and active duty United States Coast Guard personnel |
22 | when operating commercial motor vehicles for military |
23 | purposes. |
24 | (3) A person who is a volunteer or paid firefighter with |
25 | a Class C license and who has a certificate of authorization |
26 | from his fire chief while operating a fire or emergency |
27 | vehicle registered to the fire department or municipality. |
28 | (4) Any member of a rescue or emergency squad or county |
29 | emergency management organization who is the holder of a |
30 | Class C license and who has a certificate of authorization |
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1 | from the head of the rescue or emergency squad or county |
2 | emergency management organization while operating any rescue |
3 | or emergency vehicle equipped with audible and visual signals |
4 | registered to the rescue or emergency squad [or], |
5 | municipality or county. |
6 | (5) A driver with a Class C license operating a farm |
7 | vehicle which is controlled and operated by a farmer and used |
8 | exclusively to transport agricultural products, farm |
9 | machinery or farm supplies to or from a farm. The farm |
10 | vehicle may not be used in the operations of a common or |
11 | contract carrier and may be used only within a radius of 150 |
12 | miles of the farm. |
13 | (6) A driver with a Class C license operating a school |
14 | bus, school vehicle or other commercial vehicle at the |
15 | direction of authorized emergency management personnel in a |
16 | time of declared Federal, State or local emergency. A person |
17 | driving a school bus, school vehicle or other commercial |
18 | vehicle pursuant to this paragraph shall not be subject to |
19 | sanctions under the provisions of this chapter or section |
20 | 3742.1 (relating to accidents involving death or personal |
21 | injury while not properly licensed). |
22 | * * * |
23 | § 3571. Pedalcycle and Pedestrian Advisory Committee. |
24 | * * * |
25 | (b) Composition.--The committee shall consist of [15] 17 |
26 | members. The members shall be as follows: |
27 | (1) The Secretary of Transportation, ex officio. |
28 | (2) The Secretary of Conservation and Natural Resources, |
29 | ex officio. |
30 | (3) The chairman and minority chairman of the |
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1 | Transportation Committee of the Senate. |
2 | (4) The chairman and minority chairman of the |
3 | Transportation Committee of the House of Representatives. |
4 | [(5) Nine members of the public representing areas of |
5 | concern, who must have extensive experience and knowledge of |
6 | bicycle, pedalcycle, pedestrian and human power issues |
7 | throughout this Commonwealth, to be appointed by the Governor |
8 | as follows: |
9 | (i) One member representing the Bicycling Federation |
10 | of Pennsylvania. |
11 | (ii) One member representing the League of American |
12 | Bicyclists. |
13 | (iii) One member representing the United States |
14 | Cycling Federation. |
15 | (iv) One member representing a Statewide rail-trail |
16 | organization in this Commonwealth. |
17 | (v) One member representing the Eastern Paralyzed |
18 | Veterans Association. |
19 | (vi) One member representing the general public. |
20 | (vii) One member representing the Western |
21 | Pennsylvania Wheelmen. |
22 | (viii) One member representing the Bicycle Coalition |
23 | of the Delaware Valley. |
24 | (ix) One member representing an established |
25 | pedestrian advocacy group organized within this |
26 | Commonwealth.] |
27 | (5) Eleven members of the public representing various |
28 | bicycling or pedestrian constituencies. Each member shall |
29 | have relevant expertise and knowledge and shall be familiar |
30 | with best practices in bicycle or pedestrian policy, |
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1 | planning, design and education. The public members shall be |
2 | appointed by the Governor as follows: |
3 | (i) Two members representing urban and suburban |
4 | constituencies in the Philadelphia and Pittsburgh |
5 | metropolitan areas. |
6 | (ii) One member representing Statewide |
7 | constituencies. |
8 | (iii) One member representing a metropolitan |
9 | planning organization or rural planning organization. |
10 | (iv) One member representing trail constituencies. |
11 | (v) One member representing pedestrian |
12 | constituencies. |
13 | (vi) One member representing senior citizen or |
14 | disabled constituencies. |
15 | (vii) One member representing children and education |
16 | constituencies. |
17 | (viii) One member representing a recreational |
18 | cycling club. |
19 | (ix) Two at-large members representing the general |
20 | public. |
21 | Each member set forth in paragraphs (1) through (4) may |
22 | designate an alternate to serve in his stead, and such member |
23 | shall notify the chairman in writing of this designation. |
24 | * * * |
25 | (f) Powers and duties.--The powers and duties of the |
26 | committee shall be to advise and comment on all phases of |
27 | [cycling] bicycling and pedestrian program activities being |
28 | undertaken or financially assisted by the department and |
29 | agencies of State government. |
30 | Section 2 3. This act shall take effect in 60 days. | <-- |
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