PRIOR PRINTER'S NO. 3451 PRINTER'S NO. 3580
No. 2538 Session of 1998
INTRODUCED BY LLOYD, BELARDI, FARGO, LEVDANSKY, PESCI, SERAFINI,
LYNCH, DALEY, MELIO, BOSCOLA, TIGUE, SCRIMENTI, TRAVAGLIO,
OLASZ, LUCYK, THOMAS, NICKOL AND ROSS, APRIL 22, 1998
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 6, 1998
AN ACT
1 Providing for recovery of emergency response costs.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. Recovery of emergency response costs.
5 (a) General rule.--Whenever the owner or operator of a motor
6 carrier vehicle causes a traffic accident on any highway or
7 trafficway in this Commonwealth, the owner of such motor carrier
8 vehicle shall be liable for the response costs incurred by a
9 volunteer emergency service organization in the course of
10 rendering care and assistance at the scene of the traffic
11 accident. The owner of the motor carrier vehicle shall negotiate
12 in good faith to reimburse a volunteer emergency service
13 organization for its response costs.
14 (b) Actions for reimbursement.--If negotiations to recover
15 response costs do not resolve the dispute to the satisfaction of
16 the parties involved, the volunteer emergency service
1 organization may recover its response costs in an action at law
2 or in equity brought before a court of competent jurisdiction.
3 Should more than one volunteer emergency service organization
4 incur response costs for the same traffic accident, the
5 volunteer emergency service organizations involved may file a
6 joint action at law or in equity and may designate one such
7 organization to represent the others in the action.
8 (c) Amount.--In an action to recover response costs under
9 this section, a volunteer emergency service organization may
10 recover operational, administrative, personnel and legal costs
11 incurred from the time of its initial response to the traffic
12 accident up to the time that it recovers its response costs.
13 Only those volunteer emergency service organizations which are
14 properly requested and dispatched to a traffic accident
15 involving a motor carrier vehicle by a local authority shall be
16 eligible to recover their response costs.
17 (d) Savings.--Nothing herein shall be construed to diminish
18 any right of a volunteer emergency service organization to bill
19 for services which may exist in accordance with any other
20 provision of law or any judicial decision, provided that a
21 volunteer emergency service organization shall not recover
22 response costs in accordance with this section if those costs
23 are recovered under such other provision of law or judicial
24 decision.
25 (e) Definitions.--As used in this section, the following
26 words and phrases shall have the meanings given to them in this
27 subsection:
28 "HIGHWAY." THE ENTIRE WIDTH BETWEEN THE BOUNDARY LINES OF <--
29 EVERY WAY PUBLICLY MAINTAINED WHEN ANY PART THEREOF IS OPEN TO
30 THE USE OF THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL. THE TERM
19980H2538B3580 - 2 -
1 INCLUDES A ROADWAY OPEN TO THE USE OF THE PUBLIC FOR VEHICULAR
2 TRAVEL ON GROUNDS OF A COLLEGE OR UNIVERSITY OR PUBLIC OR
3 PRIVATE SCHOOL OR PUBLIC OR HISTORICAL PARK.
4 "Local authority." A county, municipal or other local body
5 having authority to dispatch fire, ambulance or rescue personnel
6 to the scene of a traffic accident.
7 "MOTOR CARRIER VEHICLE." A TRUCK, TRUCK TRACTOR OR <--
8 COMBINATION HAVING A GROSS WEIGHT OR REGISTERED GROSS WEIGHT IN
9 EXCESS OF 17,000 POUNDS.
10 "Response costs." The costs of rendering care and assistance
11 at the scene of a traffic accident which shall include the
12 following:
13 (1) Reasonable costs of disposable materials and
14 supplies acquired, consumed and expended.
15 (2) Reasonable costs of renting or leasing vehicles,
16 protective equipment or clothing and technical equipment.
17 (3) Replacement costs for equipment which is damaged
18 beyond reuse or repair, including, but not limited to, self-
19 contained breathing apparatus, fire extinguishers and
20 extraction equipment.
21 (4) Reasonable costs of decontamination of equipment.
22 (5) Reimbursement of compensation which members of the <--
23 volunteer emergency service organization lost because of
24 their absence from their jobs during their response to the
25 traffic accident.
26 (6) (5) Reasonable costs of traffic control. <--
27 "TRAFFICWAY." THE ENTIRE WIDTH BETWEEN PROPERTY LINES OR <--
28 OTHER BOUNDARY LINES OF EVERY WAY OR PLACE OF WHICH ANY PART IS
29 OPEN TO THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL AS A MATTER
30 OF RIGHT OR CUSTOM.
19980H2538B3580 - 3 -
1 "Volunteer emergency service organization." A volunteer fire
2 company, volunteer rescue service or volunteer ambulance service
3 as those terms are defined under the act of July 15, 1976
4 (P.L.1036, No.208), known as the Volunteer Fire Company,
5 Ambulance Service and Rescue Squad Assistance Act.
6 Section 2. Effective date.
7 This act shall take effect in 60 days.
D20L42DMS/19980H2538B3580 - 4 -