PROPOSED RULEMAKING
STATE POLICE
[ 37 PA. CODE CH. 41 ]
Designation of Emergency Vehicles
[44 Pa.B. 6933]
[Saturday, November 1, 2014]The State Police proposes to amend § 41.5 (relating to eligibility) to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized under 75 Pa.C.S. § 6106 (relating to designation of emergency vehicles by Pennsylvania State Police).
Background and Need for the Proposed Rulemaking
The Philadelphia Prison System has identified the need to escort ambulances which are transporting inmates identified as sick or injured from correctional facilities to hospitals or other medical treatment facilities. Prison officials fear that inmates could escape with or without the help of confederates who could be armed. It is also feared that inmates who are witnesses in pending criminal cases could be murdered once outside prison facilities.
Ambulances are defined as emergency vehicles in 75 Pa.C.S. § 102 (relating to definitions). Therefore, an ambulance is permitted under 75 Pa.C.S. § 3105(a) and (b) (relating to drivers of emergency vehicles) to exercise certain special privileges that include proceeding past red traffic signals, and disregarding rules for direction of travel and overtaking vehicles. Prison vehicles that accompany or escort ambulances are not currently designated as emergency vehicles. These vehicles are not privileged to disregard any sections of 75 Pa.C.S. (relating to Vehicle Code). There is not a derivative privilege gained by escorting the ambulance.
It is, therefore, common that an ambulance will exercise the privilege to run a red light or overtake a vehicle on the right and thereby loose contact with the escort vehicle which must wait for the light or for a slow vehicle to change lanes. When contact is lost, the ambulance crew is vulnerable to attack or escape attempts.
In consideration of these points, the Philadelphia Prison System has specifically requested that escorts be designated as emergency vehicles. The State Police feels that this designation cannot be properly accomplished without amending § 41.5 to include this class of vehicle.
Description of the Proposed Rulemaking
The proposed rulemaking would amend § 41.5 to add to the class of vehicles eligible to be considered for ''emergency vehicle'' designation to include Philadelphia Prison System vehicles used to escort ambulances which are transporting sick or injured prisoners. This is accomplished under proposed § 41.5(a)(4). The Philadelphia Prison System requested that this designation be extended only to official vehicles owned or operated by the Philadelphia Prison System. The State Police concurs that private vehicles should not be used for escort purposes. For these reasons, private vehicles of prison personnel are specifically excluded. That exclusion is accomplished under proposed § 41.5(b)(7).
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will not have adverse fiscal impact on the Commonwealth or its political subdivisions. If the proposed rulemaking is adopted, the Philadelphia Prison System would submit a single application for approval as already required by regulation. The proposed rulemaking will not impose additional paperwork requirements upon the Commonwealth, political subdivisions or the private sector.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 16, 2014, the State Police submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Law and Justice Committee and the House Judiciary Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the State Police, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Director, Policy Office, State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110, MARSHMARTI@pa.gov within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference 17-79, Designation of Emergency Vehicles, when submitting comments.
COLONEL FRANK NOONAN,
CommissionerFiscal Note: 17-79. 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:
(1) [The] Pennsylvania Emergency Management Agency and local emergency management organization vehicle.
(2) Bona fide rescue organization vehicle.
(3) Department of Corrections vehicles used by members of [the Department's] its Hostage Rescue Teams, Hostage Negotiation Teams, Corrections Emergency Response Teams, Corrections Rifle Specialist Teams and Central Office Special Teams Coordinator.
(4) Philadelphia Prison System vehicles used to escort ambulances transporting sick or injured prisoners.
(b) Exclusions. Private vehicles of the following persons will not be considered for an emergency vehicle designation:
* * * * * (6) The 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.
(7) The personnel and members of the Philadelphia Prison System who escort ambulances transporting sick or injured prisoners.
(c) Restriction. A designation will be issued only for a vehicle owned or leased by the applicant.
[Pa.B. Doc. No. 14-2255. Filed for public inspection October 31, 2014, 9:00 a.m.]
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