§ 3105. Drivers of emergency vehicles.
(a) General rule.--The driver of an emergency vehicle, when responding to an emergency call or when in
the pursuit of an actual or suspected violator of the law or when responding to but
not upon returning from a fire alarm or other emergency call, may exercise the privileges
set forth in this section, but subject to the conditions stated in this section.
(b) Exercise of special privileges.--The driver of an emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this part.
(2) Proceed past a red signal indication or stop sign, but only after slowing down as
may be necessary for safe operation, except as provided in subsection (d).
(3) Exceed the maximum speed limits so long as the driver does not endanger life or property,
except as provided in subsection (d).
(4) Disregard regulations governing direction of movement, overtaking vehicles or turning
in specified directions.
(c) Audible and visual signals required.--The privileges granted in this section to an emergency vehicle shall apply only when
the vehicle is making use of an audible signal and visual signals meeting the requirements
and standards set forth in regulations adopted by the department.
(d) Ambulances, blood delivery vehicles and human organ delivery vehicles.--The driver of an ambulance, blood delivery vehicle or human organ delivery vehicle
shall comply with maximum speed limits, red signal indications and stop signs. After
ascertaining that the ambulance, blood delivery vehicle or human organ delivery vehicle
will be given the right-of-way, the driver may proceed through a red signal indication
or stop sign.
(d.1) Vehicles owned and operated by a county correctional institution in a city of the
first class.--The driver of 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
a sick or injured prisoner in a city of the first class shall comply with maximum
speed limits, red signal indications and stop signs. After ascertaining that the vehicle
will be given the right-of-way, the driver may proceed through a red signal indication
or stop sign.
(e) Exercise of care.--This section does not relieve the driver of an emergency vehicle from the duty to
drive with due regard for the safety of all persons.
(f) Pedalcycles.--No part of this section shall be construed to restrict the operation of a pedalcycle
used by a police officer or a bike medic during the course of performing official
duties.
(g) Emergency vehicle preemption devices.--
(1) The department may promulgate regulations for the operation and use of preemptive
traffic devices by emergency vehicles.
(2) An individual other than authorized emergency personnel who operates or uses a preemptive
traffic device commits a misdemeanor of the third degree.
(3) The possession of a preemptive traffic device by an individual who is not an authorized
user of the device is prohibited. The device if in the possession of a nonauthorized
user shall be deemed contraband and shall be seized by a law enforcement officer.
(h) Limitations relating to school buses.--Notwithstanding the provisions of subsection (b)(4), the driver of an emergency vehicle
shall come to a complete stop when a school bus flashes its red signal lights and
activates its side stop signal arms. After stopping, the driver of the emergency vehicle
may pass the school bus only after exercising due diligence and caution for the safety
of the students in a manner that will not risk the safety of the students.
(i) Definition.--As used in this section, the term "bike medic" means an individual who:
(1) operates a pedalcycle and is certified by the Department of Health as an emergency
medical services provider;
(2) is a member of an emergency medical services agency licensed by the Department of
Health and operating within the scope of practice of an emergency medical services
provider, as applicable;
(3) has successfully completed a basic emergency medical services cycling program approved
by the Department of Health;
(4) wears emergency first responder appropriate attire for operating upon the highways
in accordance with national standards; and
(5) makes use of an appropriate visual and audible warning device in the performance of
official duties.
(May 9, 1986, P.L.158, No.51, eff. 60 days; Dec. 15, 1995, P.L.655, No.72, eff. 60
days; June 26, 2001, P.L.734, No.75, eff. 60 days; July 15, 2004, P.L.694, No.75,
eff. 60 days; June 17, 2016, P.L.338, No.44, eff. 60 days; July 8, 2016, P.L.477,
No.75, eff. 60 days)
2016 Amendments. Act 44 amended subsec. (f) and added subsec. (i) and Act 75 added subsec. (d.1).
2004 Amendment. Act 75 added subsec. (h).
Cross References. Section 3105 is referred to in sections 3345.1, 6342 of this title; section 901 of
Title 30 (Fish); section 901 of Title 34 (Game).
Notes of Decisions
Sellers, C, Aplts v. Twp. of Abington,et al, 106 A.3d 679 (Pa. 2014).
· cites it 7× “§ 8542(a)(1); 75 Pa.C.S. § 3105). 1 However, my reasoning in support of affirmance rests on grounds different from those expressed by the majority.”
Sellers v. Twp. of Abington, 67 A.3d 863 (Pa. Commw. Ct. 2013).
· cites it 7× “Appellees also argue that the emergency vehicle doctrine in Section 3105 of the Vehicle Code, as amended, 75 Pa.C.S. § 3105, does not create a statutory duty of care on the part of the pursuing police toward those who flee apprehension, citing Frazier v.”
Lahr v. City of York, 972 A.2d 41 (Pa. Commw. Ct. 2009).
· cites it 4× “*46 Under the emergency vehicle doctrine, the driver of an emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, may exercise special privileges to exceed speed limits and disregard directional regulations,…”
Junk v. East End Fire Dep't, 396 A.2d 1269 (Pa. Super. Ct. 1978).
· cites it 2× “81, § 1, 75 Pa.C.S. § 3105(e). The change in language from the 1959 Code to the 1976 Code appears to signal an increase in the duty placed on operators of emergency vehicles, and a decrease in the burden placed on plaintiffs bringing actions pursuant to this section.”
Johnson v. City of Philadelphia, 808 A.2d 978 (Pa. Commw. Ct. 2002).
· cites it 2× “In the instant case, the trial court instructed the jury on both the emergency vehicle doctrine, found in Section 3105 of the Vehicle Code, 75 Pa.C.S. § 3105, and the Comparative Negligence Act.”
City of Pittsburgh v. Jodzis, 607 A.2d 339 (Pa. Commw. Ct. 1992).
· cites it 4× “§ 3105, grants privileges to drivers of emergency vehicles (including police cars engaged in actual pursuit of suspected violators) with regard to certain traffic laws, but also provides as follows: "(e) Exercise of care. This section does not relieve the driver of an…”
Sodders v. Fry, 32 A.3d 882 (Pa. Commw. Ct. 2011).
· cites it 2× “” 75 Pa.C.S. § 3105. However, subsection (c) imposes conditions upon such privileges, stating they "shall apply only when the vehicle is making use of an audible signal and visual signals meeting the requirements and standards set forth in regulations adopted by the department.”
Frazier v. Com. Pa State, Police, 845 A.2d 253 (Pa. Commw. Ct. 2004).
· cites it 2× “75 Pa.C.S. § 3105 (emphasis added). “[T]he object of all interpretation and construction of statutes is to ascertain and effectuate the intention of the legislature as expressed by the words employed.”
Kuniskas v. Commonwealth, Pennsylvania State Police, 977 A.2d 602 (Pa. Commw. Ct. 2009).
“Additionally, we held the “emergency vehicle doctrine” in Section 3105(e) of the Vehicle Code, 75 Pa.C.S. § 3105(e), did not create a statutory duty to a fleeing motorist where no common law duty existed.”
Kuzmics v. Santiago, 389 A.2d 587 (Pa. Super. Ct. 1978).
“81, § 1, 75 Pa.C.S. § 3105 (1977). 2 . In Cavey v.”
Foster v. City of Pittsburgh, 639 A.2d 929 (Pa. Commw. Ct. 1994).
· cites it 4× “In their brief, the Fosters make clear that their aim in asking Officer McDaniel on direct examination about his high rate of speed when pursuing Patterson was to establish a violation of Section 3105 of the Vehicle Code (Code), as amended, 75 Pa.C.S. § 3105. 1 However, once the…”
Cornelius v. Roberts, 71 A.3d 345 (Pa. Commw. Ct. 2013).
“” 75 Pa.C.S. § 3105. Based on the complaint, it is not clear that Defendants exercised the care called for from the operators of emergency vehicles.”
— 75 Pa. Cons. Stat. § 3105(a) — 1 case
— 75 Pa. Cons. Stat. § 3105(b) — 1 case
— 75 Pa. Cons. Stat. § 3105(b)(1) — 1 case
Sellers v. Twp. of Abington, 67 A.3d 863 (Pa. Commw. Ct. 2013).
“Appellees also argue that the emergency vehicle doctrine in Section 3105 of the Vehicle Code, as amended, 75 Pa.C.S. § 3105, does not create a statutory duty of care on the part of the pursuing police toward those who flee apprehension, citing Frazier v.”
— 75 Pa. Cons. Stat. § 3105(c) — 2 cases
Sodders v. Fry, 32 A.3d 882 (Pa. Commw. Ct. 2011).
“” 75 Pa.C.S. § 3105. However, subsection (c) imposes conditions upon such privileges, stating they "shall apply only when the vehicle is making use of an audible signal and visual signals meeting the requirements and standards set forth in regulations adopted by the department.”
Lahr v. City of York, 972 A.2d 41 (Pa. Commw. Ct. 2009).
“*46 Under the emergency vehicle doctrine, the driver of an emergency vehicle, when responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, may exercise special privileges to exceed speed limits and disregard directional regulations,…”
— 75 Pa. Cons. Stat. § 3105(d) — 1 case
— 75 Pa. Cons. Stat. § 3105(e) — 7 cases
Sellers, C, Aplts v. Twp. of Abington,et al, 106 A.3d 679 (Pa. 2014).
“§ 8542(a)(1); 75 Pa.C.S. § 3105). 1 However, my reasoning in support of affirmance rests on grounds different from those expressed by the majority.”
Junk v. East End Fire Dep't, 396 A.2d 1269 (Pa. Super. Ct. 1978).
“81, § 1, 75 Pa.C.S. § 3105(e). The change in language from the 1959 Code to the 1976 Code appears to signal an increase in the duty placed on operators of emergency vehicles, and a decrease in the burden placed on plaintiffs bringing actions pursuant to this section.”
Sellers v. Twp. of Abington, 67 A.3d 863 (Pa. Commw. Ct. 2013).
“Appellees also argue that the emergency vehicle doctrine in Section 3105 of the Vehicle Code, as amended, 75 Pa.C.S. § 3105, does not create a statutory duty of care on the part of the pursuing police toward those who flee apprehension, citing Frazier v.”
Kuniskas v. Commonwealth, Pennsylvania State Police, 977 A.2d 602 (Pa. Commw. Ct. 2009).
“Additionally, we held the “emergency vehicle doctrine” in Section 3105(e) of the Vehicle Code, 75 Pa.C.S. § 3105(e), did not create a statutory duty to a fleeing motorist where no common law duty existed.”
City of Pittsburgh v. Jodzis, 607 A.2d 339 (Pa. Commw. Ct. 1992).
“§ 3105, grants privileges to drivers of emergency vehicles (including police cars engaged in actual pursuit of suspected violators) with regard to certain traffic laws, but also provides as follows: "(e) Exercise of care. This section does not relieve the driver of an…”
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