DEPARTMENT OF TRANSPORTATION [ 67 PA. CODE CH. 15 ] Authorized Vehicles and Special Operating Privileges [44 Pa.B. 6780]
[Saturday, October 25, 2014]The Department of Transportation (Department), under the authority in 75 Pa.C.S. §§ 4572(b), 6103 and 6107 (relating to visual signals on authorized vehicles; promulgation of rules and regulations by department; and designation of authorized vehicles by department), proposes to amend Chapter 15 (relating to authorized vehicles and special operating privileges) to read as set forth in Annex A.
Purpose of Chapter 15
Chapter 15 establishes the types of vehicles which are considered authorized vehicles under 75 Pa.C.S. § 102 (relating to definitions) and 75 Pa.C.S. §§ 4572(b) and 6107 and establishes special operating privileges for these authorized vehicles.
Purpose of Proposed Rulemaking
The purpose of this proposed rulemaking to designate additional Type I authorized vehicles, including vehicles used by those that carry out a governmental function or public service regarding the protection, care and control of animals. The proposed rulemaking will allow newly-authorized vehicles to be equipped with yellow flashing or revolving lights which can be activated when the vehicle is engaged in performing work within the scope of its authority.
Summary of Significant Amendments
Section 15.2(1) (relating to types of authorized vehicles) is proposed to be amended to designate the following vehicles as Type I authorized vehicles: 1) Commonwealth-owned vehicles which are used by a State dog warden employed by the Department of Agriculture; and 2) vehicles owned by a nonprofit society or association duly incorporated under 15 Pa.C.S. §§ 5301—5341 (relating to incorporation) for the prevention of cruelty to animals and used by a humane society police officer as the term is defined in 22 Pa.C.S. § 3701 (relating to scope of chapter). These proposed amendments will permit these vehicles to be equipped with yellow flashing or revolving lights which may be activated by State dog wardens or humane society police officers while in performance of their duties in the protection, care and control of animals.
Persons and Entities Affected
This proposed rulemaking will affect State dog wardens and humane society police officers in the performance of their duties. It will also affect the motoring public, which will be alerted to the presence of State dog warden and humane society police officer vehicles on or along the highways so as to encourage the motoring public to slow down and proceed with caution.
Fiscal Impact
Implementation of this proposed rulemaking will require the procurement of yellow flashing or revolving lights for State dog warden and humane society police officer vehicles. This proposed rulemaking will not impose additional costs to other entities.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 15, 2014, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Transportation Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
Sunset Provisions
This proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin following appropriate evaluation of comments, suggestions or objections received during the public comment period. The Department is not establishing a sunset date for these regulations, as it anticipates an ongoing value in providing State dog wardens and humane society police officers the ability to use yellow flashing or revolving lights in carrying out their respective duties. The Department, however, will continue to closely monitor these regulations for their effectiveness.
Public Comments
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Glenn C. Rowe, PE, Acting Chief, Highway Safety and Traffic Operations Division, Bureau of Maintenance and Operations, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA 17105, glrowe@pa.gov within 30 days of the publication of in the Pennsylvania Bulletin.
Contact Person
The contact person for technical questions about this proposed rulemaking is Glenn C. Rowe, PE, Acting Chief, Highway Safety and Traffic Operations Division, Bureau of Maintenance and Operations, 400 North Street, 6th Floor, Commonwealth Keystone Building, Harrisburg, PA 17120-0064, (717) 783-6479, glrowe@pa.gov.
BARRY J. SCHOCH, PE,
SecretaryFiscal Note: 18-463. No fiscal impact; (8) recommends adoption.
Annex A TITLE 67. TRANSPORTATION PART I. DEPARTMENT OF TRANSPORTATION Subpart A. VEHICLE CODE PROVISIONS ARTICLE II. TITLE CHAPTER 15. AUTHORIZED VEHICLES AND SPECIAL OPERATING PRIVILEGES § 15.2. Types of authorized vehicles.
The vehicles enumerated in this section are designated as authorized vehicles of the type indicated. They may be equipped with one or two flashing or revolving yellow lights as provided in 75 Pa.C.S. § 4572(b) (relating to [flashing or revolving yellow lights] visual signs on authorized vehicles), and as defined in Chapter 173 (relating to flashing or revolving lights on emergency and authorized vehicles), except that school buses shall be equipped with red and amber flashing lights as defined in 75 Pa.C.S. § 4552 (relating to general requirements for school buses). The flashing or revolving yellow lights on all authorized vehicles except school buses shall be activated only when the vehicle is performing the type of work which is the basis of the designation of the vehicle as an authorized vehicle, except lights on Type VI vehicles may be activated whenever an emergency condition requires police assistance. The enumeration of vehicles is as follows:
(1) Type I. Type I vehicles include the following:
(i) Highway construction and maintenance vehicles. Such vehicles shall include, but not be limited to, traffic-line-painting trucks, sign and signal maintenance trucks, dump trucks, street sweepers, mowers, highway inspection vehicles, and vehicles involved in traffic studies or investigations or right-of-way operations.
(ii) Vehicles which are used in utility operations.
(iii) Highway service vehicles such as, but not limited to, tow trucks and road-service vehicles.
(iv) Vehicles used to collect money from parking meters.
(v) Commonwealth-owned vehicles which are used by a State dog warden employed by the Department of Agriculture.
(vi) Vehicles owned by a nonprofit society or association duly incorporated under 15 Pa.C.S. §§ 5301—5341 (relating to incorporation) for the prevention of cruelty to animals and used by a humane society police officer as the term is defined in 22 Pa.C.S. § 3701 (relating to scope of chapter).
(2) Type II. Snowplows, snowblowers and vehicles modified or equipped for the attachment of snowplows, snowblowers or similar devices.
* * * * * [Pa.B. Doc. No. 14-2186. Filed for public inspection October 24, 2014, 9:00 a.m.]
