RULES AND REGULATIONS
Title 67—TRANSPORTATION
DEPARTMENT OF TRANSPORTATION
[ 67 PA. CODE CH. 15 ]
Authorized Vehicles and Special Operating Privileges
[45 Pa.B. 6687]
[Saturday, November 21, 2015]The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 4572(b), 6103 and 6107 (relating to visual signals on authorized vehicles; promulgation of rules and regulations by department; and designation of authorized vehicles by department), amends Chapter 15 (relating to authorized vehicles and special operating privileges) to read as set forth in Annex A.
Purpose of Chapter
Chapter 15 establishes the types of vehicles which are considered authorized vehicles under 75 Pa.C.S. § 102 (relating to definitions) and 75 Pa.C.S. §§ 4572(b) and 6107 and establishes special operating privileges for these authorized vehicles.
Purpose of this Final-Form Rulemaking
The purpose of this final-form rulemaking is to designate additional Type I authorized vehicles, including vehicles used by those that carry out a governmental function or public service regarding the protection, care and control of animals. This final-form rulemaking will allow newly-authorized vehicles to be equipped with yellow flashing or revolving lights which can be activated when the vehicle is engaged in performing work within the scope of its authority.
Summary of Comments and Changes
The Department published a proposed rulemaking at 44 Pa.B. 6780 (October 25, 2014). The proposed rulemaking was also submitted to the Independent Regulatory Review Commission (IRRC) and the House and Senate Transportation Committees. Comments or objections were not received from the public, the House and Senate Committees or IRRC. Consequently, substantive changes have not been made to this final-form rulemaking.
Persons and Entities Affected
This final-form rulemaking will affect State dog wardens and humane society police officers in the performance of their duties. It will also affect the motoring public, who will be alerted to the presence of State dog warden and humane society police officer vehicles on or along the highways so as to encourage the motoring public to slow down and proceed with caution.
Fiscal Impact
Implementation of this final-form rulemaking will require the procurement of yellow flashing or revolving lights for State dog warden and humane society police officer vehicles. This final-form rulemaking will not impose additional costs to other entities.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 15, 2014, the Department submitted a copy of the notice of proposed rulemaking, published at 44 Pa.B. 6780, to IRRC and the Chairpersons of the House and Senate Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, the Department is required to provide copies of the comments received during the public comment period IRRC and the House and Senate Committees, as well as other documents when requested.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 7, 2015, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective October 7, 2015.
Sunset Provisions
The Department is not establishing a sunset date for this regulation, as it anticipates an ongoing value in providing State dog wardens or humane society police officers the ability to use yellow flashing or revolving lights in carrying out their respective duties. The Department, however, will continue to closely monitor this regulation for effectiveness.
Contact Person
The contact person for this final-form rulemaking is Glenn C. Rowe, PE, Chief, Highway Safety and Traffic Operations Division, Bureau of Maintenance and Operations, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA, 17120-0064, (717) 783-6479, glrowe@pa.gov.
Findings
The Department finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and no comments were received.
(3) This final-form rulemaking is necessary and appropriate for administering and enforcing the authorizing act identified in this preamble.
Order
The Department orders that:
(a) The regulations of the Department, 67 Pa. Code Chapter 15, are amended by amending § 15.2 to read as set forth in Annex A.
(b) The Secretary of the Department shall submit this order and Annex to the Office of General Counsel and the Office of Attorney General for approval as to legality and form as required by law.
(c) The Secretary of the Department shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(d) This order shall take effect upon publication in the Pennsylvania Bulletin.
LESLIE S. RICHARDS,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 45 Pa.B. 6374 (October 24, 2015).)
Fiscal Note: Fiscal Note 18-463 remains valid for the final adoption of the subject regulation.
Annex A
TITLE 67. TRANSPORTATION
PART I. DEPARTMENT OF TRANSPORTATION
Subpart A. VEHICLE CODE PROVISIONS
ARTICLE II. TITLE
CHAPTER 15. AUTHORIZED VEHICLES AND SPECIAL OPERATING PRIVILEGES § 15.2. Types of authorized vehicles.
The vehicles enumerated in this section are designated as authorized vehicles of the type indicated. They may be equipped with one or two flashing or revolving yellow lights as provided in 75 Pa.C.S. § 4572(b) (relating to visual signals on authorized vehicles), and as defined in Chapter 173 (relating to flashing or revolving lights on emergency and authorized vehicles), except that school buses shall be equipped with red and amber flashing lights as defined in 75 Pa.C.S. § 4552 (relating to general requirements for school buses). The flashing or revolving yellow lights on all authorized vehicles except school buses shall be activated only when the vehicle is performing the type of work which is the basis of the designation of the vehicle as an authorized vehicle, except lights on Type VI vehicles may be activated whenever an emergency condition requires police assistance. The enumeration of vehicles is as follows:
(1) Type I. Type I vehicles include the following:
(i) Highway construction and maintenance vehicles. Such vehicles shall include, but not be limited to, traffic-line-painting trucks, sign and signal maintenance trucks, dump trucks, street sweepers, mowers, highway inspection vehicles, and vehicles involved in traffic studies or investigations or right-of-way operations.
(ii) Vehicles which are used in utility operations.
(iii) Highway service vehicles such as, but not limited to, tow trucks and road-service vehicles.
(iv) Vehicles used to collect money from parking meters.
(v) Commonwealth-owned vehicles which are used by a State dog warden employed by the Department of Agriculture.
(vi) Vehicles owned by a nonprofit society or association duly incorporated under 15 Pa.C.S. §§ 5301—5341 (relating to incorporation) for the prevention of cruelty to animals and used by a humane society police officer as the term is defined in 22 Pa.C.S. § 3701 (relating to scope of chapter).
(2) Type II. Snowplows, snowblowers and vehicles modified or equipped for the attachment of snowplows, snowblowers or similar devices.
(3) Type III. Garbage trucks and vehicles used for home delivery of United States mail or newspapers.
(4) Type IV. Vehicles which are used in the business of news gathering for any news medium.
(5) Type V. Vehicles which escort oversize loads.
(6) Type VI. Local mass transit vehicles and armored vehicles which are used in the transportation of coins, currency or other valuables for the business or financial community.
(7) Type VII. School buses.
[Pa.B. Doc. No. 15-2045. Filed for public inspection November 20, 2015, 9:00 a.m.]
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