HB 2233 — An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, in general provisions, further providing for definitions; in certificate of title and security interests, further providing for vehicles not requiring certificate of title; in registration of vehicles, further providing for vehicles exempt from registration; in general provisions relating to operation of vehicles, further providing for drivers of emergency vehicles; and, in snowmobiles and all-terrain vehicles, further providing for definitions.

OR (XIV) AN OFF-ROAD MOTOR VEHICLE USED EXCLUSIVELY AS A UTILITY VEHICLE FOR AN AGRICULTURAL OR BUSINESS OPERATION AND INCIDENTALLY OPERATED OR MOVED UPON THE HIGHWAY.

"EMERGENCY VEHICLE." A STATE OR COUNTY EMERGENCY MANAGEMENT VEHICLE, FIRE DEPARTMENT VEHICLE, POLICE VEHICLE, SHERIFF VEHICLE, AMBULANCE, ADVANCED LIFE SUPPORT SQUAD VEHICLE, BASIC LIFE SUPPORT SQUAD VEHICLE, EMERGENCY CANTEEN SUPPORT SERVICE ORGANIZATION VEHICLE, BLOOD DELIVERY VEHICLE, HUMAN ORGAN DELIVERY VEHICLE, HAZARDOUS MATERIAL RESPONSE VEHICLE, ARMED FORCES EMERGENCY VEHICLE, ONE VEHICLE OPERATED BY A CORONER OR CHIEF COUNTY MEDICAL EXAMINER AND ONE VEHICLE OPERATED BY A CHIEF DEPUTY CORONER OR DEPUTY CHIEF COUNTY MEDICAL EXAMINER USED FOR ANSWERING EMERGENCY CALLS, A VEHICLE OWNED BY OR LEASED TO A REGIONAL EMERGENCY MEDICAL SERVICES COUNCIL THAT IS USED AS 20260HB2233PN3613 - 4 - AUTHORIZED BY THE DEPARTMENT OF HEALTH TO RESPOND TO AN ACTUAL OR POTENTIAL DISASTER, MASS CASUALTY SITUATION OR SUBSTANTIAL THREAT TO PUBLIC HEALTH, A VEHICLE OWNED BY A COUNTY OR REGIONAL POLICE ASSOCIATION AND OPERATED BY A POLICE OFFICER THAT IS USED FOR POLICE TRANSPORT OR VICTIM EXTRACTION, A VEHICLE THAT IS OWNED AND OPERATED BY A COUNTY CORRECTIONAL INSTITUTION IN A CITY OF THE FIRST CLASS AND USED TO RESPOND TO AN EMERGENCY AT A CORRECTIONAL INSTITUTION IN A CITY OF THE FIRST CLASS OR TO ESCORT AN AMBULANCE WHICH IS TRANSPORTING SICK OR INJURED PRISONERS IN A CITY OF THE FIRST CLASS, ANY VEHICLE OPERATED BY A SPECIAL AGENT, SPECIAL AGENT SUPERVISOR, NARCOTICS AGENT OR NARCOTICS AGENT SUPERVISOR WHILE PERFORMING OFFICIAL DUTIES AS EMPLOYEES OF THE OFFICE OF ATTORNEY GENERAL, ANY VEHICLE OWNED AND OPERATED BY THE PHILADELPHIA PARKING AUTHORITY ESTABLISHED IN ACCORDANCE WITH 53 PA.C.S.

CH.

55 (RELATING TO PARKING AUTHORITIES) AND USED IN THE ENFORCEMENT OF 53 PA.C.S.

CH.

57 (RELATING TO TAXICABS AND LIMOUSINES IN FIRST CLASS CITIES), A VEHICLE OWNED BY A CITY OF THE FIRST CLASS AND OPERATED BY FIRST JUDICIAL DISTRICT CERTIFIED ARMED PROBATION OFFICERS, A VEHICLE OWNED AND OPERATED BY THE PENNSYLVANIA TURNPIKE COMMISSION THAT IS USED BY AN EMERGENCY SERVICE RESPONDER AS DISPATCHED BY THE PENNSYLVANIA TURNPIKE COMMISSION'S TRAFFIC OPERATIONS CENTER, AN EMERGENCY UTV OR ANY OTHER VEHICLE DESIGNATED BY THE STATE POLICE UNDER SECTION 6106 (RELATING TO DESIGNATION OF EMERGENCY VEHICLES BY PENNSYLVANIA STATE POLICE), OR A PRIVATELY OWNED VEHICLE USED IN ANSWERING AN EMERGENCY CALL WHEN USED BY ANY OF THE FOLLOWING:

(1) A POLICE CHIEF AND ASSISTANT CHIEF.

(2) A FIRE CHIEF, ASSISTANT CHIEF AND, WHEN A FIRE COMPANY HAS THREE OR MORE FIRE VEHICLES, A SECOND OR THIRD 20260HB2233PN3613 - 5 - ASSISTANT CHIEF.

(3) A FIRE POLICE CAPTAIN AND FIRE POLICE LIEUTENANT.

(4) AN AMBULANCE CORPS COMMANDER AND ASSISTANT COMMANDER.

(5) A RIVER RESCUE COMMANDER AND ASSISTANT COMMANDER.

(6) A COUNTY EMERGENCY MANAGEMENT COORDINATOR.

(7) A FIRE MARSHAL.

(8) A RESCUE SERVICE CHIEF AND ASSISTANT CHIEF.

(9) THE CHIEF OR OPERATIONS DIRECTOR OF A COUNTY HAZARDOUS MATERIALS RESPONSE TEAM.

(10) A POLICE OFFICER WHO IS ALSO A MEMBER OF A COUNTY OR REGIONAL MUNICIPAL SPECIAL EMERGENCY RESPONSE TEAM WHICH IS AUTHORIZED TO RESPOND TO EMERGENCIES UNDER 42 PA.C.S.

§ 8953 (RELATING TO STATEWIDE MUNICIPAL POLICE JURISDICTION).

* * * SECTION 2.

SECTION 1102 OF TITLE 75 IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 1102.

VEHICLES NOT REQUIRING CERTIFICATE OF TITLE.

NO CERTIFICATE OF TITLE IS REQUIRED FOR:

* * * (13) AN EMERGENCY UTV.

SECTION 3.

SECTION 1302(23) OF TITLE 75 IS AMENDED AND THE SECTION IS AMENDED BY ADDING A PARAGRAPH TO READ:

§ 1302.

VEHICLES EXEMPT FROM REGISTRATION.

THE FOLLOWING TYPES OF VEHICLES ARE EXEMPT FROM REGISTRATION:

* * * (23) ANY ALL-TERRAIN VEHICLE [EXEMPT FROM REGISTRATION UNDER CHAPTER 77 (RELATING TO SNOWMOBILES AND ALL-TERRAIN VEHICLES) AND], OTHER THAN AN EMERGENCY UTV, OPERATED AS AN EMERGENCY VEHICLE BY A POLICE OR FIRE DEPARTMENT OR EMERGENCY 20260HB2233PN3613 - 6 - MEDICAL SERVICES AGENCY WHEN THE VEHICLE DOES NOT TRAVEL ON PUBLIC HIGHWAYS IN EXCESS OF [TWO] 15 MILES AND IS PRIMARILY FOR OFF-HIGHWAY USE AND ONLY OPERATED INCIDENTALLY UPON THE HIGHWAY.

AN ALL-TERRAIN VEHICLE SO OPERATED SHALL COMPLY WITH SECTION 4571 (VISUAL AND AUDIBLE SIGNALS ON EMERGENCY VEHICLES).

(24) AN EMERGENCY UTV.

SECTION 4.

SECTION 3105 OF TITLE 75 IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 3105.

DRIVERS OF EMERGENCY VEHICLES.

* * * (D.2) EMERGENCY UTVS.-- (1) AN EMERGENCY UTV SHALL COMPLY WITH SECTION 4571 (RELATING TO VISUAL AND AUDIBLE SIGNALS ON EMERGENCY VEHICLES), EXCEPT AS FOLLOWS:

(I) WHEN OPERATED ON A HIGHWAY OR ROADWAY WHERE THE POSTED SPEED LIMIT IS LESS THAN 25 MILES PER HOUR, UNLESS RESPONDING TO AN EMERGENCY, TRANSPORTING AN OCCUPANT WHO REQUIRES EMERGENCY MEDICAL CARE OR AS OTHERWISE DETERMINED BY THE DRIVER OF THE EMERGENCY UTV;

OR (II) WHEN OPERATED ON A STREET CLOSED OR RESTRICTED FOR SPECIAL EVENTS AS PROVIDED UNDER SECTION 6109(A)(15) (RELATING TO SPECIFIC POWERS OF DEPARTMENT AND LOCAL AUTHORITIES).

(2) AN EMERGENCY UTV MAY NOT BE OPERATED ON A FREEWAY.

(3) THE DRIVER OF AN EMERGENCY UTV MUST BE AT LEAST 21 YEARS OF AGE AND IN POSSESSION OF A VALID DRIVER'S LICENSE.

(4) THE DRIVER AND ANY OCCUPANT OF AN EMERGENCY UTV OPERATED ON A HIGHWAY OR ROADWAY WHERE THE POSTED SPEED LIMIT IS 25 MILES PER HOUR OR GREATER SHALL:

20260HB2233PN3613 - 7 - (I) WEAR A HELMET;

AND (II) WEAR A PROPERLY ADJUSTED AND FASTENED SAFETY SEAT BELT SYSTEM.

(5) PARAGRAPH (4) SHALL NOT APPLY TO AN OCCUPANT OF AN EMERGENCY UTV WHO REQUIRES EMERGENCY MEDICAL CARE AND IS PHYSICALLY INCAPABLE OF WEARING A HELMET OR A PROPERLY ADJUSTED AND FASTENED SAFETY SEAT BELT.

(6) THE OWNER OF AN EMERGENCY UTV SHALL MAINTAIN SUCH MINIMUM LEVELS OF LIABILITY INSURANCE COVERAGE ON THE VEHICLE AS ARE REQUIRED TO BE MAINTAINED UNDER CHAPTER 17 (RELATING TO FINANCIAL RESPONSIBILITY) BY OWNERS OF REGISTERED MOTOR VEHICLES.

(7) THE OWNER OF AN EMERGENCY UTV SHALL MAINTAIN THE EMERGENCY UTV IN OPERATING CONDITION AT ALL TIMES.

(8) AUXILIARY LIGHTING MAY BE ADDED TO AN EMERGENCY UTV TO PROTECT THE DRIVER AND OCCUPANTS, INCLUDING BLUE DOT ILLUMINATION, STANDARD BULB RUNNING LIGHTS AND LIGHT-EMITTING DIODE PODS AND STRIPS.

(9) A DRIVER OF AN EMERGENCY UTV WHO ACTS IN GOOD FAITH AND WITHIN THE SCOPE OF THE DRIVER'S OFFICIAL DUTIES SHALL BE ENTITLED TO THE SAME PROTECTIONS FROM LIABILITY AS APPLY TO OPERATORS OF AUTHORIZED EMERGENCY VEHICLES UNDER THIS TITLE.

* * * SECTION 5.

THE DEFINITION OF "ALL-TERRAIN VEHICLE" OR "ATV" IN SECTION 7702 OF TITLE 75 IS AMENDED TO READ:

§ 7702.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE MEANINGS GIVEN TO THEM IN THIS SECTION:

"ALL-TERRAIN VEHICLE" OR "ATV." A MOTORIZED OFF-HIGHWAY 20260HB2233PN3613 - 8 - VEHICLE WHICH TRAVELS ON THREE OR MORE TIRES AND WHICH HAS:

(1) A MAXIMUM WIDTH OF 50 INCHES AND A MAXIMUM DRY WEIGHT OF 1,200 POUNDS;

OR (2) A WIDTH WHICH EXCEEDS 50 INCHES OR A DRY WEIGHT WHICH EXCEEDS 1,200 POUNDS.

AN ATV DESCRIBED IN PARAGRAPH (1) MAY BE REFERRED TO AS A CLASS I ATV, AND AN ATV DESCRIBED IN PARAGRAPH (2) MAY BE REFERRED TO AS A CLASS II ATV.

THIS TERM DOES NOT INCLUDE SNOWMOBILES, TRAIL BIKES, MOTORBOATS, GOLF CARTS, AIRCRAFT, DUNE BUGGIES, AUTOMOBILES, CONSTRUCTION MACHINES, TRUCKS OR HOME UTILITY MACHINES;

MILITARY, FIRE, EMERGENCY AND LAW ENFORCEMENT VEHICLES;

IMPLEMENTS OF HUSBANDRY;

MULTIPURPOSE AGRICULTURAL VEHICLES;

VEHICLES USED BY THE DEPARTMENT;

EMERGENCY UTVS;

OR ANY VEHICLE THAT IS OR IS REQUIRED TO BE REGISTERED UNDER CHAPTER 13 (RELATING TO REGISTRATION OF VEHICLES).

IN ADDITION, THIS TERM DOES NOT INCLUDE OFF-ROAD MOTOR VEHICLES USED EXCLUSIVELY AS UTILITY VEHICLES FOR AGRICULTURAL OR BUSINESS OPERATIONS AND INCIDENTALLY OPERATED OR MOVED UPON THE HIGHWAY.

* * * SECTION 6.

THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

20260HB2233PN3613 - 9 -