TRAFFIC CONTROL LAWS
Title 75. Vehicle Code
Section
3102. Obedience to authorized persons directing traffic
3325. Duty of driver on approach of emergency vehicle
3327. Duty of driver in emergency response areas
Title 67. Transportation. - Chapter 101. Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic
Title 75. Vehicle Code.
§ 3102. Obedience to authorized persons directing traffic.
No person shall willfully fail or refuse to comply with any lawful order or
direction of any uniformed police officer, sheriff or constable or, in an
emergency, a railroad or street railway police officer; or any appropriately
attired person, including an agent or employee of the funeral director during
a funeral, authorized to direct, control or regulate traffic or an employee
who has been trained in traffic control by a licensed and insured private
security company and who is acting in the scope of employment.
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§ 3325. Duty of driver on approach of emergency vehicle.
(a) General rule.--
Upon the immediate approach of an emergency vehicle making use of an audible
signal and visual signals meeting the requirements and standards set forth in
regulations adopted by the department, the driver of every other vehicle shall
yield the right-of-way and shall immediately drive to a position parallel to,
and as close as possible to, the right-hand edge or curb of the roadway clear
of any intersection and shall stop and remain in that position until the
emergency vehicle has passed, except when otherwise directed by a police
officer or an appropriately attired person authorized to direct, control or
regulate traffic. On one-way roadways a driver may comply by driving to the
edge or curb which is nearest to the lane in which he is traveling.
(b) Duty of operator
of streetcar.-Upon the approach of an emergency vehicle, the operator of every
streetcar shall immediately stop the streetcar clear of any intersection and
remain in that position until the emergency vehicle has passed, except when
otherwise directed by a police officer or an appropriately attired person
authorized to direct, control or regulate traffic.
(c) Defense.-It is a
defense to prosecution under this section if the defendant can show by a
preponderance of the evidence that the failure to stop immediately for a police
officer was based on a good faith concern for personal safety. In determining
whether the defendant has met this burden, the court may consider the following
factors:
(1) The time and location of the event.
(2) The type of vehicle used by the police officer.
(3) The defendant's conduct while being followed by the police officer.
(4) Whether the defendant stopped at the first available reasonably lighted or
populated area.
(5) Any other factor considered relevant by the court.
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§ 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 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 of 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 a 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 3715.1 (relating to restriction on alcoholic beverages).
Section 3731 (relating to driving under the influence of alcohol or controlled substance).
Section 3736 (relating to reckless driving).
(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, hazardous material response team member or
emergency medical service 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.
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Title 67. Transportation.
Chapter 101. Authorizing Appropriately Attired Persons to Direct, Control or Regulate Traffic
101.1. Purpose
101.2. Persons authorized to direct traffic
101.3. Minimum attire
101.4. Emergencies
§ 101.1. Purpose.
This chapter indicates
those persons, other than uniformed police officers, who are authorized to
direct, control or regulate traffic, and to prescribe minimum suitable attire
and equipment for those persons.
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§ 101.2. Persons authorized to direct traffic.
The following persons are authorized to direct, control or regulate traffic:
(1) Traffic control
persons on utility, maintenance or construction projects.
(2) Adult school crossing
guards for assisting school children across busy or hazardous highways.
(3) Railroad crossing
guards at railroad grade crossings, for purposes of stopping vehicular traffic
to permit the safe passage of trains.
(4) Civil defense,
National Guard and military police while performing their regular duties or
during National or local emergencies.
(5) Personnel of emergency
organizations such as fire departments, hospitals, river rescue associations,
ambulance associations and personnel of emergency vehicles designated by the
State Police under 75 Pa.C.S. § 6106 (relating to designation of emergency
vehicles by the Pennsylvania police) while performing their duties.
(6) Highway service
vehicle personnel of tow trucks and road service vehicles.
(7) Park Maintenance
Supervisors, Park Rangers I and Environmental Education Specialists of the
Department of Environmental Resources, Bureau of State Parks, who have
completed the Department of Environmental Resources' Traffic Control Training
Course, while performing their official duties.
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§ 101.3. Minimum attire.
This section sets forth
standards for minimum attire and equipment so that persons directing,
controlling or regulating traffic are easily distinguishable and so that their
directions can be understood.
(1) Traffic control persons on utility, maintenance or construction projects
shall wear orange, fluorescent red-orange or fluorescent yellow-orange vests
and a protective helmet. In addition, they shall be equipped with a flagman
traffic control sign, a paddle with a Stop sign on one face and a Slow sign on
the opposite face, as described in Publication 203 of the Department.
(2) Adult school crossing guards shall wear as a minimum a safety vest or safety
belt manufactured from retroreflective and fluorescent material visible both
day and night at 300 feet to approaching motorists.
(3) Members of the National Guard or military police shall wear their official
uniforms and members of the civil defense shall wear their official arm bands
and white hats or other distinctive clothing.
(4) Emergency vehicle personnel and Park Maintenance Supervisors, Park Rangers
I and Environmental Education Specialists of the Department of Environmental
Resources, Bureau of State Parks, shall wear their official uniform or shall
utilize a red flag to control traffic during daylight hours and a flashlight
with a red luminaire during hours of darkness. A firefighter's hat is sufficient
attire for a firefighter and an official hat and badge is sufficient attire for
fire police.
(5) Personnel of highway service vehicles shall wear red or yellow fluorescent
vests which shall be reflectorized for nighttime operations.
(6) Railroad crossing guards shall be equipped with a red flag during daylight
hours and with a lighted lantern capable of providing both red and white aspects
during the hours of darkness.
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§ 101.4. Emergencies.
Nothing in this chapter
precludes a person from temporarily directing traffic at the scene of an
emergency.
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