PRINTER'S NO. 2623
No. 2053 Session of 1999
INTRODUCED BY SCHRODER, SOLOBAY, HUTCHINSON, FARGO,
E. Z. TAYLOR, FLICK, HENNESSEY, ROSS, RUBLEY, ARGALL, BARD,
BARRAR, BASTIAN, BEBKO-JONES, BELARDI, COSTA, CURRY, DAILEY,
DALEY, DALLY, FICHTER, FORCIER, GEORGE, HARHAI, HERSHEY,
HORSEY, KENNEY, LEH, LYNCH, R. MILLER, S. MILLER, MUNDY,
NICKOL, PLATTS, READSHAW, ROONEY, SANTONI, STABACK, STERN,
SURRA, TANGRETTI, TRUE, VAN HORNE, WILLIAMS, WILT, WOJNAROSKI
AND YOUNGBLOOD, NOVEMBER 9, 1999
REFERRED TO COMMITTEE ON TRANSPORTATION, NOVEMBER 9, 1999
AN ACT
1 Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
2 Statutes, further providing for payments to special funds;
3 and providing for driver duties in emergency response areas.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1905 of Title 75 of the Pennsylvania
7 Consolidated Statutes is amended by adding a subsection to read:
8 § 1905. Payments to special funds.
9 * * *
10 (d) Emergency Services Enhancement Fund.--Fifteen dollars of
11 each fine received under section 3327(b) (relating to duty of
12 driver in emergency response areas) shall be credited to the
13 Emergency Services Enhancement Fund, as follows:
14 (1) There is established a special account in the
15 Treasury Department, known as the Emergency Services
1 Enhancement Fund. The purpose of the Emergency Services
2 Enhancement Fund is the advancement of emergency service
3 activities within this Commonwealth.
4 (2) All money in the Emergency Services Enhancement Fund
5 is continually appropriated to the Pennsylvania Fire Services
6 Institute to be expended for the purposes of this subsection.
7 This appropriation shall not lapse at the end of any fiscal
8 year.
9 Section 2. Title 75 is amended by adding a section to read:
10 § 3327. Duty of driver in emergency response areas.
11 (a) General rule.--When approaching or passing an emergency
12 response area, no person shall drive a vehicle:
13 (1) at a speed greater than is reasonable and prudent
14 under the conditions, having regard to the actual and
15 potential hazards then existing;
16 (2) at a speed greater than that which is indicated,
17 either verbally or through the use of appropriate traffic
18 control devices, by law enforcement personnel or emergency
19 service responders; or
20 (3) in disobedience of instructions or indications
21 relating to traffic flow which are made, either verbally or
22 through the use of signs, flares, signals, lights or other
23 traffic control devices, by law enforcement personnel or
24 emergency service responders.
25 (b) Penalty.--Any person violating subsection (a) commits a
26 summary offense and shall, upon conviction, pay a fine of $85.
27 (c) Marking.--An emergency response area shall be clearly
28 marked with either road flares, caution signs or any other
29 traffic-control device which law enforcement officials may have
30 at their immediate disposal.
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1 (d) Reports by emergency service responders.--
2 (1) An emergency service responder observing a violation
3 of subsection (a) may prepare a written, signed report which
4 indicates that a violation has occurred. To the extent
5 possible, the report shall include the following information:
6 (i) Information pertaining to the identity of the
7 alleged violator.
8 (ii) The license number and color of the vehicle
9 involved in the violation.
10 (iii) The time and approximate location at which the
11 violation occurred.
12 (iv) Identification of the vehicle as an automobile,
13 station wagon, motor truck, motor bus, motorcycle or
14 other type of vehicle.
15 (2) Within 48 hours after the violation occurs, the
16 emergency service responder shall deliver a copy of the
17 report to a police officer having authority to exercise
18 police power in the area where the violation occurred. If the
19 police officer believes that the report established a
20 sufficient basis for the issuance of a citation, the officer
21 shall file a citation and the report with the issuing
22 authority. If the issuing authority determines that the
23 report and citation establish a sufficient basis for the
24 issuance of a summons, a summons shall be issued in
25 accordance with general rules governing the institution of
26 proceedings in summary traffic offense cases. The issuing
27 authority shall send the defendant a copy of the citation,
28 together with a statement that it was filed by the police
29 officer named in the citation on the basis of information
30 received.
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1 (3) A person may institute a proceeding pursuant to this
2 subsection or in accordance with any means authorized by the
3 Pennsylvania Rules of Criminal Procedure.
4 (e) Fines to be doubled.--In addition to any penalty as
5 provided in subsection (b), the fine for any of the following
6 violations when committed in an emergency response area manned
7 by emergency service responders shall be double the usual
8 amount:
9 Section 3102 (relating to obedience to authorized persons
10 directing traffic).
11 Section 3111 (relating to obedience to traffic-control
12 devices).
13 Section 3114 (relating to flashing signals).
14 Section 3302 (relating to meeting vehicle proceeding in
15 opposite direction).
16 Section 3303 (relating to overtaking vehicle on the
17 left).
18 Section 3304 (relating to overtaking vehicle on the
19 right).
20 Section 3305 (relating to limitations on overtaking on
21 the left).
22 Section 3306 (relating to limitations on driving on left
23 side of roadway).
24 Section 3307 (relating to no-passing zones).
25 Section 3310 (relating to following too closely).
26 Section 3312 (relating to limited access highway
27 entrances and exits).
28 Section 3323 (relating to stop signs and yield signs).
29 Section 3325 (relating to duty of driver on approach of
30 emergency vehicle).
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1 Section 3361 (relating to driving vehicle at safe speed).
2 Section 3707 (relating to driving or stopping close to
3 fire apparatus).
4 Section 3710 (relating to stopping at intersection or
5 crossing to prevent obstruction).
6 Section 3714 (relating to careless driving).
7 Section 3715 (relating to restriction on alcoholic
8 beverages).
9 Section 3731 (relating to driving under influence of
10 alcohol or controlled substance).
11 Section 3736 (relating to reckless driving).
12 (f) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "Emergency response area." The area in which emergency
16 service responders render emergency assistance to individuals on
17 or near a roadway.
18 "Emergency service responder." An individual acting in an
19 official capacity as police officer, sheriff, deputy sheriff,
20 coroner, deputy coroner, firefighter, fire police, fire marshal,
21 medical examiner, deputy medical examiner, rescue personnel,
22 ambulance personnel, hazardous material response team member or
23 emergency medical service personnel.
24 Section 3. This act shall take effect in 60 days.
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