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                                                       PRINTER'S NO. 179

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 199 Session of 2001


        INTRODUCED BY CURRY, BEBKO-JONES, CORRIGAN, FRANKEL, MELIO,
           SHANER, GRUCELA, SOLOBAY, ORIE, READSHAW, HARHAI, WILT,
           ROONEY, SAYLOR, WOJNAROSKI, SURRA, LAUGHLIN, THOMAS,
           HENNESSEY AND YOUNGBLOOD, JANUARY 24, 2001

        REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 24, 2001

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, further providing for the number and description of
     3     licenses for certain firefighters.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 1504(d)(3)(ii) of Title 75 of the
     7  Pennsylvania Consolidated Statutes is amended to read:
     8  § 1504.  Classes of licenses.
     9     * * *
    10     (d)  Number and description of classes.--Licenses issued by
    11  the department shall be classified in the following manner:
    12         * * *
    13         (3)  Class C.--A Class C license shall be issued to those
    14     persons 18 years of age or older, except as provided in
    15     section 1503 (relating to persons ineligible for licensing),
    16     who have demonstrated their qualifications to operate any
    17     single vehicle, except those vehicles requiring a Class M


     1     qualification, with a gross vehicle weight rating of not more
     2     than 26,000 pounds or any combination of vehicles, except
     3     combination vehicles involving motorcycles, that does not
     4     meet the definition of either Class A or Class B of this
     5     section.
     6             * * *
     7             [(ii)  Any firefighter who is the holder of a Class C
     8         license and who has a certificate of authorization from
     9         his fire chief shall be authorized to operate any fire or
    10         emergency vehicle registered to the fire department or
    11         municipality, regardless of the other requirements of
    12         this section as to the class of license required. No fire
    13         chief, fire department, including any volunteer fire
    14         company, or municipality shall be liable for any civil
    15         damages as a result of the issuance of a certificate
    16         authorized under this paragraph unless such act
    17         constituted a crime, actual fraud, actual malice or
    18         willful misconduct.]
    19             (ii)  (A)  A paid or volunteer firefighter designated
    20             to drive a fire or emergency vehicle registered to
    21             the fire department or municipality may have a
    22             special endorsement affixed to his or her driver's
    23             license which authorizes him or her to drive this
    24             vehicle for the purpose of carrying out the duties,
    25             responsibilities and related activities of the fire
    26             department.
    27                 (B)  Every municipality operating a fire
    28             department shall designate the fire chief or his or
    29             her designee as the driver-training officer. The
    30             driver-training officer shall meet qualifications
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     1             that the department shall set forth. The driver-
     2             training officer does not need to be a full-time
     3             employee of the fire department.
     4                 (C)  In order to be qualified to drive a fire or
     5             emergency vehicle and have a special endorsement
     6             attached to his or her driver's license, a
     7             firefighter shall:
     8                     (I)  Demonstrate his or her ability to
     9                 exercise ordinary and reasonable control of the
    10                 vehicle to the driver-training officer.
    11                     (II)  Demonstrate familiarity with section
    12                 3105 (relating to drivers of emergency vehicles).
    13                     (III)  Have attended an emergency vehicle
    14                 operators' course, and if not, must attend an
    15                 emergency vehicle operators' course as provided
    16                 for in clause (G) within one year of the
    17                 effective date of this subclause.
    18                 (D)  Any firefighter who has been operating fire
    19             or emergency vehicles for at least five years shall
    20             be exempt from the requirements of subsection (b).
    21             The fire chief of the fire department that employs a
    22             firefighter exempt from these requirements shall file
    23             an affidavit with the department that the firefighter
    24             has been driving fire or emergency vehicles for at
    25             least five years. The department may send the driver
    26             a special endorsement that can be affixed to his or
    27             her driver's license.
    28                 (E)  It shall be the responsibility of the fire
    29             chief of each fire department to keep a current list
    30             of drivers qualified to operate fire or emergency
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     1             vehicles. Changes in the list of qualified drivers
     2             shall be reported to the department within 30 days of
     3             each change.
     4                 (F)  While undergoing training to operate fire or
     5             emergency vehicles, a driver trainee shall be
     6             accompanied by a driver who has a special endorsement
     7             affixed to his or her license.
     8                 (G)  The department shall establish standards for
     9             a basic course for drivers of fire or emergency
    10             vehicles. The courses shall be conducted by groups of
    11             fire departments or by the Pennsylvania Fire Academy
    12             with costs of the training to be borne by the
    13             municipality or municipalities served by each fire
    14             department.
    15             * * *
    16     Section 2.  This act shall take effect in 180 days.










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