SENATE AMENDED
PRIOR PRINTER'S NOS. 1779, 2799, 2920,
3204
PRINTER'S NO. 4134
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1414
Session of
2017
INTRODUCED BY BARRAR, BOBACK, V. BROWN, GABLER, GILLEN,
KAVULICH, MURT, ZIMMERMAN, KORTZ, BARBIN AND MICCARELLI,
MAY 19, 2017
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, OCTOBER 1, 2018
AN ACT
Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
Statutes, 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. 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:
SECTION 1. THE DEFINITIONS OF "EMERGENCY SERVICE RESPONDER"
AND "EMERGENCY VEHICLE" IN SECTION 102 OF TITLE 75 OF THE
PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION
IS AMENDED BY ADDING A DEFINITION TO READ:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
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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 SERVICE RESPONDER." AN INDIVIDUAL ACTING IN AN
OFFICIAL CAPACITY AS ANY OF THE FOLLOWING:
(1) A POLICE OFFICER.
(2) A SHERIFF OR DEPUTY SHERIFF.
(3) A CORONER OR DEPUTY CORONER.
(4) A FIREFIGHTER.
(5) FIRE POLICE.
(6) A FIRE MARSHAL.
(7) A MEDICAL EXAMINER OR DEPUTY MEDICAL EXAMINER.
(8) RESCUE PERSONNEL.
(9) AMBULANCE PERSONNEL.
(10) TOWING AND RECOVERY PERSONNEL.
(11) HIGHWAY MAINTENANCE AND CONSTRUCTION PERSONNEL.
(12) HAZARDOUS MATERIAL RESPONSE TEAM MEMBER.
(13) EMERGENCY MEDICAL SERVICES PERSONNEL.
(14) CONTRACTORS OR EMPLOYEES OF A PUBLIC UTILITY AS
DEFINED UNDER 66 PA.C.S. § 102 (RELATING TO DEFINITIONS), A
MUNICIPALLY OWNED UTILITY OR AN ELECTRIC COOPERATIVE AS
DEFINED IN 15 PA.C.S. CH. 73 (RELATING TO ELECTRIC
COOPERATIVE CORPORATIONS).
(15) A POLICE OFFICER WHO IS ALSO A MEMBER OF A COUNTY
OR REGIONAL MUNICIPAL SPECIAL EMERGENCY RESPONSE TEAM WHICH
IS AUTHORIZED TO RESPOND TO EMERGENCIES UNDER 42 PA.C.S. §
8953 (RELATING TO STATEWIDE MUNICIPAL POLICE JURISDICTION).
"Emergency vehicle." A State or county emergency management
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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 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
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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.
(10) A POLICE OFFICER WHO IS ALSO A MEMBER OF A COUNTY
OR REGIONAL MUNICIPAL SPECIAL EMERGENCY RESPONSE TEAM WHICH
IS AUTHORIZED TO RESPOND TO EMERGENCIES UNDER 42 PA.C.S. §
8953.
* * *
"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:
SECTION 2. SECTION 4571(B.1)(3) AND (F) OF TITLE 75 ARE
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AMENDED, SUBSECTION (B.1) IS AMENDED BY ADDING PARAGRAPHS AND
THE SECTION IS AMENDED BY ADDING A SUBSECTION 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
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.
(3.1) POLICE AND SHERIFF VEHICLES MAY BE EQUIPPED WITH
FLASHING RED AND BLUE LIGHTS IN REVERSE LAMP ASSEMBLIES.
(3.2) EMERGENCY VEHICLES, OTHER THAN POLICE VEHICLES,
MAY BE EQUIPPED WITH FLASHING RED LIGHTS IN REVERSE LAMP
ASSEMBLIES.
* * *
(B.2) POLICE OFFICER SPECIAL EMERGENCY RESPONSE TEAM
MEMBERS.--A PRIVATELY OWNED VEHICLE USED IN RESPONDING TO AN
EMERGENCY UNDER 42 PA.C.S. § 8953 (RELATING TO STATEWIDE
MUNICIPAL POLICE JURISDICTION) BY A POLICE OFFICER WHO IS ALSO A
MEMBER OF A COUNTY OR REGIONAL SPECIAL EMERGENCY RESPONSE TEAM
SHALL BE EQUIPPED WITH REVOLVING OR FLASHING RED LIGHTS AND AN
AUDIBLE WARNING SYSTEM IN ACCORDANCE WITH SUBSECTION (A) SUBJECT
TO THE LIGHTS AND AUDIBLE WARNING SYSTEM BEING RETURNED TO THE
HEAD OF THE SPECIAL EMERGENCY RESPONSE TEAM UPON TERMINATION OF
A PERSON'S ACTIVE STATUS AS A POLICE OFFICER OR ACTIVE MEMBER OF
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A SPECIAL EMERGENCY RESPONSE TEAM.
* * *
(F) CONFORMITY WITH DEPARTMENT REGULATIONS.--EXCEPT AS
PROVIDED UNDER [SUBSECTION] SUBSECTIONS (B.1)(1.1) AND (B.2),
ALL EQUIPMENT AUTHORIZED OR REQUIRED BY THIS SECTION SHALL
CONFORM TO DEPARTMENT REGULATIONS.
Section 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 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 5. This act shall take effect in 60 days.
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