PROPOSED RULEMAKING
STATE POLICE
[37 PA. CODE CH. 42]
Use of Unmarked Vehicles
[34 Pa.B. 853] The act of June 26, 2001 (P. L. 734, No. 75) (Act 75) requires the State Police, in consultation with the Department of Transportation (Department), to promulgate regulations for the use of unmarked vehicles by police officers. The effective date of Act 75 was August 25, 2001. The proposed rulemaking requires officers using unmarked vehicles to carry identification and display it upon request, unless it would jeopardize their safety. Officers using unmarked vehicles for patrol duties must be in uniform; officers using unmarked cars for duties that are likely to involve vehicle stops shall wear clothing bearing the specific name of the law enforcement agency or task force. When making a stop in an unmarked vehicle, the officer shall choose the safest location possible. In a vehicle pursuit, officers in an unmarked vehicle shall have audible and visual signals that comply with regulations of the Department, and unmarked vehicles shall relinquish the lead in pursuit as soon as marked vehicles are available.
Effect
The proposed rulemaking will affect all Commonwealth law enforcement agencies that use unmarked vehicles.
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 February 4, 2004, 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 House Judiciary Committee and the Senate Law and Justice 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 shall 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.
Sunset Date
No sunset date has been assigned. However, every facet of the proposed rulemaking will be continuously reviewed for effectiveness, clarity and whether they are serving the greater interests of citizens of this Commonwealth.
Public Comment/Contact Person
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. Written statements 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 sent to Syndi L. Guido, Policy Director, State Police, 1800 Elmerton Avenue, Harrisburg, PA 17110, (717) 772-0905. Persons with a disability who require an alternative format of this proposed rulemaking (for example, large print, audio tape or Braille), should contact Syndi L. Guido to make the necessary arrangements.
COL. JEFFREY B. MILLER,
CommissionerFiscal Note: 17-65. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 37. LAW
PART I. STATE POLICE
CHAPTER 42. USE OF UNMARKED VEHICLES GENERAL PROVISIONS
Sec.
42.1. Purpose. 42.2. Policy and effect. 42.3. Definitions. PROCEDURES
42.21. Identification and uniform requirements. 42.22. Vehicle stops and pursuits.
GENERAL PROVISIONS § 42.1. Purpose.
This chapter governs the use of unmarked vehicles. It is necessary to establish uniformity in the use of unmarked vehicles for the purpose of law enforcement.
§ 42.2. Policy and effect.
The policy of the Commonwealth is to permit the use of unmarked vehicles for law enforcement. Failure to comply with this chapter does not affect the legality of any arrest or citation, nor will it be grounds for the suppression of evidence.
§ 42.3. Definitions.
The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:
Light bar assembly--A device designed and constructed to display two or more steady burning, flashing or revolving beams of light with 360° visibility.
Marked police vehicle--A police vehicle that is equipped with at least one light-bar assembly and displays graphics, markings or decals identifying the agency or department on a minimum of three sides (front, rear, left or right).
Official identification--Identification issued, designated or approved by the individual law enforcement agency or municipality.
Official uniform--Any attire designated or approved by the individual law enforcement agency or municipality.
Unmarked police vehicle--A police vehicle not equipped with a roof mounted light-bar assembly. The vehicle may display graphics, markings or decals identifying the agency or department.
PROCEDURES § 42.21. Identification and uniform requirements.
(a) Identification. Officers using an unmarked vehicle shall ensure they are carrying official identification, other than their uniform, to verify their identity, unless it would jeopardize the officers' safety due to their work assignment. Officers shall be prepared to display their official identification upon request. Officers shall honor the requests when the request is reasonable and the officers' safety has been ensured. If the officer does not carry official identification, the officer should not attempt to stop traffic law violators, unless there is immediate threat to public safety.
(b) Uniforms. Officers assigned to use an unmarked vehicle to perform patrol duties shall be attired in an official uniform. Officers assigned other duties that are likely to include or require traffic stops shall wear an official uniform or alternative attire, such as a police raid jacket, that bears the name of a specific law enforcement agency or task force. Markings on alternative attire should be visible from the front and back.
§ 42.22. Vehicle stops and pursuits.
(a) Stopping suspected violators while operating an unmarked vehicle. Officers stopping suspected violators shall attempt to ascertain the safest available location for the officer and the motorist, consistent with the need for prompt action. Officers shall take into consideration the road and weather conditions, terrain, lighting, traffic and the nature of the violation. The officer shall also attempt to choose a location that will afford both the driver and the officer a sense of safety.
(b) Use of audible and visual signals required while operating an unmarked vehicle. Audible and visual signals meeting the requirements and standards set forth in 67 Pa. Code Chapter 173 (relating to flashing or revolving lights on emergency and authorized vehicles) shall be utilized when officers stop suspected violators.
(c) Unmarked vehicle pursuits. Officers engaged in a pursuit using an unmarked vehicle shall relinquish their role as the primary pursuit vehicle and permit officers in marked units to assume the role of the primary unit when that assistance is available.
[Pa.B. Doc. No. 04-239. Filed for public inspection February 13, 2004, 9:00 a.m.]
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