8336 - Civil immunity for assistance upon request in incidents involving the transportation of hazardous substances.

     § 8336.  Civil immunity for assistance upon request in incidents                involving the transportation of hazardous substances.        (a)  General rule.--During the course of transportation,     including the loading and unloading thereof, of hazardous     substances, no person shall be liable in civil damages when his     conduct consists solely of action or inaction taken or omitted     in the course of rendering care, assistance or advice,     voluntarily and upon request of any police agency, fire     department, rescue or emergency squad, any other governmental     agency, the person responsible for preventing, mitigating or     cleaning up the danger to person, property or environment or the     owner or manufacturer of the hazardous substance involved, with     respect to an incident creating a danger to person, property or     environment as a result of spillage, leakage, seepage, fire,     explosion or other accidental or potential accidental release of     hazardous substances.        (b)  Exclusions.--The immunities provided in this section     shall not apply to any person who:            (1)  is under a legal duty to respond to the incident;            (2)  received remuneration beyond reimbursement for out        of pocket expenses for services in rendering such care,        assistance or advice in connection therewith or had the        expectation of receiving such remuneration from the recipient        of such care, assistance or advice or from someone acting on        his behalf; or            (3)  does not personally possess or does not provide        personnel who possess the skill, training or knowledge with        regard to the safe handling of hazardous substances, their        effects and incidents involving the transportation of        hazardous substances in order to render the care, assistance        or advice requested.        (c)  Persons not affected.--This section shall not be     construed to affect any immunity otherwise granted by statute to     any police agency, fire department, rescue or emergency squad or     any other governmental agency.        (d)  Gross negligence or willful misconduct.--Nothing in this     section shall be construed to limit or otherwise affect or     preclude the liability of any person resulting from such     person's gross negligence or intentional misconduct. Reckless,     willful or wanton misconduct shall constitute gross negligence.        (e)  Definitions.--As used in this section the following     words and phrases shall have the meanings given to them in this     subsection:        "Hazardous substances."  All substances which are defined as     hazardous in the act of November 9, 1965 (P.L.657, No.323),     known as the "Hazardous Substances Transportation Act," or any     subsequent amendment thereto.        "Person."  Any individual, partnership, corporation,     association or other entity.     (Dec. 1, 1982, P.L.767, No.220, eff. 60 days)        1982 Amendment.  Act 220 added section 8336.        References in Text.  The act of November 9, 1965 (P.L.657,     No.323), known as the Hazardous Substances Transportation Act,     referred to in subsec. (e), was repealed by the act of June 30,     1984 (P.L.473, No.99). The subject matter is now contained in     Chapter 83 of Title 75 (Vehicles).