CHAPTER 41. DESIGNATION OF EMERGENCY VEHICLES

Sec.


41.1.    Purpose.
41.2.    Scope.
41.3.    Authority.
41.4.    Application.
41.5.    Eligibility.
41.6.    Red lights and audible warning system.
41.7.    Termination or cancellation.
41.8.    Forms.

Source

   The provisions of this Chapter 41 adopted May 21, 1982, effective March 10, 1979, 12 Pa.B. 1640, unless otherwise noted.

§ 41.1. Purpose.

 This chapter establishes procedures for the designation of emergency vehicles by the State Police.

Source

   The provisions of this §  41.1 adopted May 21, 1982, effective March 10, 1979, 12 Pa.B. 1640.

§ 41.2. Scope.

 This chapter applies to emergency vehicle designations. Vehicles which are specifically listed within 75 Pa.C.S. §  102 (relating to definitions) as emergency vehicles do not require written designation.

Source

   The provisions of this §  41.2 adopted May 21, 1982, effective March 10, 1979, 12 Pa.B. 1640.

§ 41.3. Authority.

 Designations shall be made under 75 Pa.C.S. §  6106 (relating to designation of emergency vehicles by Pennsylvania State Police), which provides that the State Police may designate a 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.

Source

   The provisions of this §  41.3 adopted May 21, 1982, effective March 10, 1979, 12 Pa.B. 1640.

§ 41.4. Application.

 Procedure. Application for an emergency vehicle designation shall be made to the State Police on the Emergency Vehicle Designation, Form SP 6-115.

   (1)  Application forms may be obtained from the State Police, Director, Bureau of Patrol, 1800 Elmerton Avenue, Harrisburg, Pennsylvania 17109.

   (2)  Applications shall be notarized and submitted in duplicate.

   (3)  The Bureau of Patrol has the authority for approval or disapproval of applications. An applicant will be notified by mail of the disposition of the application.

Source

   The provisions of this §  41.4 adopted May 21, 1982, effective March 10, 1979, 12 Pa.B. 1640; amended November 5, 1982, effective November 6, 1982, 12 Pa.B. 3901. Immediately preceding text appears at serial pages (70877) to (70878).

§ 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 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:

   (1)  Volunteer firemen, fire commissioners, fire inspectors, fire police, fire engineers, other fire department or fire company personnel and members of rescue organizations.

   (2)  Police, special police, auxiliary police, part-time police, constables, security police and campus police.

   (3)  Pennsylvania Emergency Management Agency, local emergency management organization or disaster control personnel.

   (4)  Red Cross personnel.

   (5)  Military personnel.

   (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.

 (c)  Restriction. A designation will be issued only for a vehicle owned or leased by the applicant.

Authority

   The provisions of this §  41.5 amended under the Vehicle Code, 75 Pa.C.S. §  6106.

Source

   The provisions of this §  41.5 adopted May 21, 1982, effective March 10, 1979, 12 Pa.B. 1640; amended November 5, 1982, effective November 6, 1982, 12 Pa.B. 3901; amended September 17, 2004, effective September 18, 2004, 34 Pa.B. 5134. Immediately preceding text appears at serial page (297814).

§ 41.6. Red lights and audible warning system.

 Equipment authorized or required by 75 Pa.C.S. (relating to Vehicle Code), for emergency vehicles shall conform to 67 Pa. Code Part I (relating to Department of Transportation).

Source

   The provisions of this §  41.6 adopted May 21, 1982, effective March 10, 1979, 12 Pa.B. 1640; amended November 5, 1982, effective November 6, 1982, 12 Pa.B. 3901. Immediately preceding text appears at serial page (70879).

§ 41.7. Termination or cancellation.

 (a)  Conditions. Designators shall remain valid until terminated or cancelled. The Commissioner may cancel an emergency vehicle designation under the following conditions or for any other reasonable grounds:

   (1)  The termination, for any reason, of a condition which entitled the holder to the designation.

   (2)  The sale or destruction of the vehicle for which the designation was issued.

   (3)  A violation of the conditions applying to the designation or stated in this chapter.

   (4)  In the case of vehicles designated by the State Police as emergency vehicles, a conviction against the driver for a violation of 75 Pa.C.S. (relating to Vehicle Code) or 18 Pa.C.S. (relating to Crimes Code).

 (b)  Return. Terminated or cancelled emergency vehicle designations shall be returned to the Director, Bureau of Patrol, by the designee.

 (c)  Proprietor. Emergency vehicle designations are the property of the State Police. Terminated or cancelled designations may be seized and shall be forwarded to the Director, Bureau of Patrol.

Source

   The provisions of this §  41.7 adopted May 21, 1982, effective March 10, 1979, 12 Pa.B. 1640.

§ 41.8. Forms.

 The following official form has been promulgated under this chapter: Form SP 6-115, Application for Emergency Vehicle Designation.

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Source

   The provisions of this §  41.8 adopted November 5, 1982, effective November 6, 1982, 12 Pa.B. 3901.



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