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Lionel Hopkins
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1 F«* E-MiJI: tkingwmkcg-law.com It «/->T oq DM ^ 1(1 *JOCT29 PH 3- lu RC y ; L w c o'rthission 3ptltn fao3ttul ftjedfta' 9**ociatimt 2426 North Second Street Hanleburg, Pennsylvania M E M O R A N D U M Htntabui* Office Fwc To: From: Subject: Mr. Robert E. Nyce, Executive Director Independent Regulatory Review Commission via overnight mall and fax (717) Thomas W. K Pennsylvania Ktto^TflfoufiJ Proposed Final Rulemaking 37 PA Code Chapter 42 - Use of Unmarked Vehicles W Date: I am writing as Solicitor of die Pennsylvania Sheriffs' Association in order to present a summary of whatlintend to present on behalf of the Association at the November 4,2004, meeting of the Independent Regulatory Review Commission in which Regulation 2386, Pennsylvania Slate Police No , Use of Unmarked Vehicles, will be considered. The regulations promulgated by the Pennsylvania State Police regarding the use of unmarked vehicles were required by 75 Pa. C.S.A which requires the Pennsylvania State Police to create regulations for the use of unmarked vehicles by police officers. The proposed final regulations provide mat they were created in order to establish uniformity hi the use of unmarked vehicles by police officers. The regulations fail to clearly address die use of unmarked vehicles by sheriffs. As you may know, on October 19, 2004, the House Judiciary Committee voted unanimously to disapprove me regulations based upon their failure to clearly address the use of unmarked vehicles by police officers. ZO'd (X:SI Z *30 86S2-85-tr&i:xej SSTKMOOW N011IQ

2 Mr.Nyce Page 2 October 29, 2004 It is the position of the Pennsylvania Sheriffs* Association that "police officers" includes sheriffs and deputy sheriffs. Sheriffs and Deputy Sheriffs throughout the Commonwealth enforce the Vehicle Code pursuant to me authority granted by common law and confirmed by the Supreme Court of Pennsylvania in Commonwealth v. Leet, 537 Pa. 89,641 A.2d 299 (1994) and Commonwealth v. Kline, 559 Pa. 646, 741 A,2d 1281 (2002). Additionally, the regulations refer to marked vehicles as well as unmarked vehicles. Marked police vehicles are defined as "a police vehicle that is equipped with at least one light-bar assembly and displays graphics, yhng«j or decals identifying the agency or department on a minimum of three sides." Sheriffs' vehicles are "police vehicles" authorized to be equipped with a light-bar assembly and combination red and blue lights. 75 Pa.C.S.A. 4571(b), see also 57 Pa.Code Cpt Section 4571 of the Vehicle Code provides in relevant part as Mows: "(a) General rule. - Every emergency vehicle shall be equipped with one or more revolving or flashing red lights and an audible warning system. Spotlights with adjustable sockets may be attached to or mounted on emergency vehicles. (b) Police, sheriff, fire and coroner or medical examiner vehicles. - (1) Police, sheriff, coroner, medical examiner orfire police vehicles may in addition to the requirements of subsection (a) be equipped wim one or more revolving or flashing blue lights. The combination of red and blue lights may be used only on police, sheriff, coroner, medical examiner or fire police vehicles. (2) Unmarked police and sheriff vehicles used as emergency vehicles and equipped wim audible warning systems shall be equipped wim the lights described in this subsection. M 0'd OZ- SI ^30 B6ZZ- BZ-PZl:^A SSIUMDW NOTUd

3 Mr. Nyce Page 3 The Vehicle Code defines "emergency vehicle" as follows: "A fire department vehicle, police vehicle, sheriff vehicle, ambulance, 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, or any other vehicle designated by (he State Police under Section 6106 (relating to designation of emergency vehicles of the Pennsylvania State Police Further, sheriffs and deputy sheriffs use unmarked vehicles as part of their duties, When serving Protection from Abuse Orders or bench warrants it is often necessary for sheriffs to approach a Defendant's property in an unmarked vehicle. Unmarked vehicle are also an essential part of sheriffs' involvement in terrorism task forces. As Sheriffs use unmarked vehicles it would logically follow mat the regulations for unmarked cars - which are being promulgated to promote uniformity - would cover all unmarked cars. The final form regulations submitted by the Pennsylvania State Police refer to "police vehicles" throughout the regulations. The regulations contain definitions of marked police vehicle and unmarked police vehicle as follows: "MftTkBd Pftjjffi Vfftidfi < pft"*» v*hm» that 1c ^HppaH mith a» 1~.pt Atio light bar assembly and displays graphics, markings, or decals identifying the agency or department on a minimum of three sides (front, rear, left or right). TTnmarWd Pfllfcf Vfiftifiifi - a police vehicle not equipped with a roofmounted light bar assembly. The vehicle may display graphics, markings or decals, identifying the agency or department." A definition or clarification should be added to the regulations to state that "police officer" includes sheriffs and deputy sheriffs. j70'd 'bj:si WOS 62 VC 96ZZ-G8Z-W-*ei SS3KMO3W NOTttd

4 Mr.Nycc Page 4 Thank youfor your attention to tub matter. I lookforwardto addressing the Commission on November 4, Should you have any questions or require any additional information, please do not hesitate to contact me. TWK/mal cc: Pennsylvania Sheriffs' Association Executive Committee Mr. James B. Hazen, Executive Director SO'd 0 =SI W0S6SV0 %ZZ-28Z-Kl-- 1 SSTHNfcOaW NOTUd

5 THOMAS W. KING m Solicitor 126 West Cunningham St. Butter, PA Fhonei Fa* tking dmkcg-law.com mi Harridnirg Office Phone: Fax: ' 2426 North Steend Stxct Harrisburg, Pennsylvania Date FAX Time 3:05 prr\ or* O O Pages to FoU(*# 4 3- To: Mr. Robert E. Nyce, Executive Director Independent Regulatory Review Committee (717) From: Thomas W. King, m, Esquire Comments! DILLON McCANDLESS KING COULTER & GRAHAM L.L.P. FAX: West Cunningham Street Butler, Pennsylvania Telephone: (724) TUB tmtta»db^ft«adlgttb«rtinj«rimlkthukw. Ifth»r«Mir<tftMime«M^ii MOil tto ankmi or MM nqwnribi*tar ddtwri^ tbto OMM* to thf iotw*«ndp4«you m bmby imlftod tbat tuqr dkmamialu», dtottfc«kb0rc0pti«b9ftmit«iuiiq»k^k 1 «i.lwc^ VyMllmr^f^ttkMMgMlMtKtiWta-m.pUMIlMifyM laa»towyty«4^1ww,^h«w > tk««< (m»wiiw»t»uittth«tbw»imr^ TO'd 6T:ST 1700J 63 *00 86^- 83-t?2Z:xej SS31QNUD3W N011IQ

Pennsylvania Association of Resources

/-/_ So`/ - :5 Original : 2552 Pennsylvania Association of Resources for People with Mental Retardation 1007 North Front Street Harrisburg, PA 17102 Phone 717-236-2374 Fax 717-236-5625 August 4, 2006 Robert