3327 - Duty of driver in emergency response areas.

     § 3327.  Duty of driver in emergency response areas.        (a)  General rule.--When approaching or passing an emergency     response area, a person, unless otherwise directed by an     emergency service responder, shall:            (1)  pass in a lane not adjacent to that of the emergency        response area, if possible; or            (2)  if passing in a nonadjacent lane is impossible,        illegal or unsafe, pass the emergency response area at a        careful and prudent reduced speed reasonable for safely        passing the emergency response area.        (b)  Penalty.--Any person violating subsection (a) commits a     summary offense and shall, upon conviction, pay a fine of not     more than $250.        (b.1)  Suspension of operating privilege.--The department     shall suspend the operating privilege of any person for 90 days     upon receiving a certified record of the driver's conviction,     adjudication of delinquency or admission into a preadjudication     program for a violation of subsection (a), if the certified     conviction indicates the violation resulted in serious injury to     another person. The license shall be surrendered in accordance     with section 1540 (relating to surrender of license).        (c)  Marking.--An emergency response area shall be clearly     marked with road flares, caution signs or any other traffic-     control device which law enforcement officials may have at their     immediate disposal or visual signals on vehicles meeting the     requirements of Subchapter D of Chapter 45 (relating to     equipment of authorized and emergency vehicles).        (d)  Reports by emergency service responders.--            (1)  An emergency service responder observing a violation        of subsection (a) may prepare a written, signed report which        indicates that a violation has occurred. To the extent        possible, the report shall include the following information:                (i)  Information pertaining to the identity of the            alleged violator.                (ii)  The license number and color of the vehicle            involved in the violation.                (iii)  The time and approximate location at which the            violation occurred.                (iv)  Identification of the vehicle as an automobile,            station wagon, motor truck, motor bus, motorcycle or            other type of vehicle.            (2)  Within 48 hours after the violation occurs, the        emergency service responder shall deliver a copy of the        report to a police officer having authority to exercise        police power in the area where the violation occurred. If the        police officer believes that the report established a        sufficient basis for the issuance of a citation, the officer        shall file a citation and a copy of the report with the        issuing authority. If the issuing authority determines that        the report and citation establish a sufficient basis for the        issuance of a summons, a summons shall be issued in        accordance with general rules governing the institution of        proceedings in summary traffic offense cases. The issuing        authority shall send the defendant a copy of the citation,        together with a statement that it was filed by the police        officer named in the citation on the basis of information        received.            (3)  A person may institute a proceeding pursuant to this        subsection or in accordance with any means authorized by the        Pennsylvania Rules of Criminal Procedure.        (e)  Fines to be doubled.--In addition to any penalty as     provided in subsection (b), the fine for any of the following     violations when committed in an emergency response area manned     by emergency service responders shall be double the usual     amount:            Section 3102 (relating to obedience to authorized persons        directing traffic).            Section 3111 (relating to obedience to traffic-control        devices).            Section 3114 (relating to flashing signals).            Section 3302 (relating to meeting vehicle proceeding in        opposite direction).            Section 3303 (relating to overtaking vehicle on the        left).            Section 3304 (relating to overtaking vehicle on the        right).            Section 3305 (relating to limitations on overtaking on        the left).            Section 3306 (relating to limitations on driving on left        side of roadway).            Section 3307 (relating to no-passing zones).            Section 3310 (relating to following too closely).            Section 3312 (relating to limited access highway        entrances and exits).            Section 3323 (relating to stop signs and yield signs).            Section 3325 (relating to duty of driver on approach of        emergency vehicle).            Section 3361 (relating to driving vehicle at safe speed).            Section 3707 (relating to driving or stopping close to        fire apparatus).            Section 3710 (relating to stopping at intersection or        crossing to prevent obstruction).            Section 3714 (relating to careless driving).            Section 3736 (relating to reckless driving).            Section 3802 (relating to driving under influence of        alcohol or controlled substance).        (e.1)  Public awareness.--The department shall educate the     public of the provisions of this section as it deems     appropriate.        (f)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Emergency response area."  The area in which emergency     service responders render emergency assistance to individuals on     or near a roadway or a police officer is conducting a traffic     stop or systematic check of vehicles as long as the emergency     vehicle is making use of visual signals meeting the requirements     of Subchapter D of Chapter 45.        "Emergency service responder."  An individual acting in an     official capacity as police officer, sheriff, deputy sheriff,     coroner, deputy coroner, firefighter, fire police, fire marshal,     medical examiner, deputy medical examiner, rescue personnel,     ambulance personnel, towing and recovery personnel, highway     maintenance and construction personnel, hazardous material     response team member or emergency medical service personnel.        "Serious injury."  A personal injury resulting in death,     serious impairment of body function or permanent serious     disfigurement.     (June 26, 2001, P.L.734, No.75, eff. 60 days; Sept. 30, 2003,     P.L.120, No.24, eff. Feb. 1, 2004; July 10, 2006, P.L.1086,     No.113, eff. 60 days)