Section 3105 - Drivers of emergency vehicles

75 PA Cons Stat § 3105 (2019) (N/A)
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(a) General rule.--The driver of an emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm or other emergency call, may exercise the privileges set forth in this section, but subject to the conditions stated in this section.

(b) Exercise of special privileges.--The driver of an emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this part.

(2) Proceed past a red signal indication or stop sign, but only after slowing down as may be necessary for safe operation, except as provided in subsection (d).

(3) Exceed the maximum speed limits so long as the driver does not endanger life or property, except as provided in subsection (d).

(4) Disregard regulations governing direction of movement, overtaking vehicles or turning in specified directions.

(c) Audible and visual signals required.--The privileges granted in this section to an emergency vehicle shall apply only when the vehicle is making use of an audible signal and visual signals meeting the requirements and standards set forth in regulations adopted by the department.

(d) Ambulances, blood delivery vehicles and human organ delivery vehicles.--The driver of an ambulance, blood delivery vehicle or human organ delivery vehicle shall comply with maximum speed limits, red signal indications and stop signs. After ascertaining that the ambulance, blood delivery vehicle or human organ delivery vehicle will be given the right-of-way, the driver may proceed through a red signal indication or stop sign.

(d.1) Vehicles owned and operated by a county correctional institution in a city of the first class.--The driver of a vehicle that is owned and operated by a county correctional institution in a city of the first class and used to respond to an emergency at a correctional institution in a city of the first class or to escort an ambulance which is transporting a sick or injured prisoner in a city of the first class shall comply with maximum speed limits, red signal indications and stop signs. After ascertaining that the vehicle will be given the right-of-way, the driver may proceed through a red signal indication or stop sign.

(e) Exercise of care.--This section does not relieve the driver of an emergency vehicle from the duty to drive with due regard for the safety of all persons.

(f) Pedalcycles.--No part of this section shall be construed to restrict the operation of a pedalcycle used by a police officer or a bike medic during the course of performing official duties.

(g) Emergency vehicle preemption devices.--

(1) The department may promulgate regulations for the operation and use of preemptive traffic devices by emergency vehicles.

(2) An individual other than authorized emergency personnel who operates or uses a preemptive traffic device commits a misdemeanor of the third degree.

(3) The possession of a preemptive traffic device by an individual who is not an authorized user of the device is prohibited. The device if in the possession of a nonauthorized user shall be deemed contraband and shall be seized by a law enforcement officer.

(h) Limitations relating to school buses.--Notwithstanding the provisions of subsection (b)(4), the driver of an emergency vehicle shall come to a complete stop when a school bus flashes its red signal lights and activates its side stop signal arms. After stopping, the driver of the emergency vehicle may pass the school bus only after exercising due diligence and caution for the safety of the students in a manner that will not risk the safety of the students.

(i) Definition.--As used in this section, the term "bike medic" means an individual who:

(1) operates a pedalcycle and is certified by the Department of Health as an emergency medical services provider;

(2) is a member of an emergency medical services agency licensed by the Department of Health and operating within the scope of practice of an emergency medical services provider, as applicable;

(3) has successfully completed a basic emergency medical services cycling program approved by the Department of Health;

(4) wears emergency first responder appropriate attire for operating upon the highways in accordance with national standards; and

(5) makes use of an appropriate visual and audible warning device in the performance of official duties.

(May 9, 1986, P.L.158, No.51, eff. 60 days; Dec. 15, 1995, P.L.655, No.72, eff. 60 days; June 26, 2001, P.L.734, No.75, eff. 60 days; July 15, 2004, P.L.694, No.75, eff. 60 days; June 17, 2016, P.L.338, No.44, eff. 60 days; July 8, 2016, P.L.477, No.75, eff. 60 days)

2016 Amendments. Act 44 amended subsec. (f) and added subsec. (i) and Act 75 added subsec. (d.1).

2004 Amendment. Act 75 added subsec. (h).

Cross References. Section 3105 is referred to in sections 3345.1, 6342 of this title; section 901 of Title 30 (Fish); section 901 of Title 34 (Game).