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PA Bulletin, Doc. No. 03-2394

PROPOSED RULEMAKING

[37 PA. CODE CH. 41]

Designation of Emergency Vehicles

[33 Pa.B. 6228]

   Under 75 Pa.C.S. § 6106 (relating to designation of emergency vehicles by Pennsylvania State Police), the State Police may designate any vehicle or group of vehicles as emergency vehicles upon a finding that the designation is necessary to the preservation of life or property or to the execution of emergency governmental functions. Under existing regulations, the only vehicles eligible for emergency designation are those belonging to the Pennsylvania Emergency Management Agency, a local emergency management agency or a bona fide rescue organization. This proposed rulemaking amends § 41.5 (relating to eligibility) to allow the Department of Corrections (Department) to apply for emergency vehicle designation of Department vehicles used by its Hostage Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams, Corrections Rifle Specialist Teams and Central Office Special Teams Coordinator.

Effect

   The proposed rulemaking will affect the Department.

Fiscal Impact

   The proposed rulemaking will have a minimal fiscal impact.

Paperwork Requirements

   The proposed rulemaking will not require the completion of additional forms, reports or other paperwork.

Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on December 8, 2003, the State Police submitted a copy of this proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and the Senate Law and Justice Committee.

   If IRRC has objections to any portion of the proposed rulemaking, it will notify the State Police within 30 days of the close of the public comment period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the proposed regulations, by the State Police, the General Assembly and the Governor of objections raised.

Sunset Date

   No sunset date has been assigned; however, every facet of this proposed rulemaking will be continuously reviewed for effectiveness, clarity and whether it is serving the greater interests of citizens of this Commonwealth.

Public Comment

   Interested parties wishing to comment are invited to submit a written statement within 30 days of the publication of this proposed rulemaking in the Pennsylvania Bulletin. Each written statement must include the name, address and telephone number of the interested party and a concise statement with sufficient detail on the subject. Written statements should be directed to Syndi L. Guido, Policy Director, State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110.

Contact Person

   The contact person is Syndi L. Guido, Policy Director, State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-0905. Individuals with a disability who require an alternative format of this document (such as, large print, audio tape or Braille), should contact Syndi Guido to make the necessary arrangements.

COL. JEFFREY B. MILLER,   
Commissioner

   Fiscal Note: 17-66. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 37.  LAW

PART I.  STATE POLICE

CHAPTER 41.  DESIGNATION OF
EMERGENCY VEHICLES

§ 41.5.  Eligibility.

   (a)  Considerations. The following vehicles may qualify for an emergency vehicle designation:

*      *      *      *      *

   (3)  Department of Corrections vehicles used by members of the Department's Hostage Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams, Corrections Rifle Specialist Teams and Central Office Special Teams Coordinator.

   (b)  Exclusions. Private vehicles of the following persons will not be considered for an emergency vehicle designation:

*      *      *      *      *

   (6)  Department of Corrections, its personnel, and members of its Hostage Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams, Corrections Rifle Specialist Teams and Central Office Special Teams Coordinator.

*      *      *      *      *

[Pa.B. Doc. No. 03-2394. Filed for public inspection December 19, 2003, 9:00 a.m.]


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