§ 709 — Operation of State-owned vehicles

(a) Authority.--

(1) The department shall have the authority to order members of the Pennsylvania National Guard to operate State-owned vehicles for the purpose of providing security to military facilities and other facilities within this Commonwealth.

(2) Members of the Pennsylvania National Guard may operate State-owned vehicles in response to an emergency when ordered to duty by the Governor or the President of the United States.

(3) For purposes of this subsection and notwithstanding any other provision of law, members of the Pennsylvania National Guard shall be considered State employees or officers for the authorization of the use of State-owned vehicles by the Department of General Services.

(b) Liability.--For purposes of this section and notwithstanding any other provision of law, members of the Pennsylvania National Guard shall be considered employees of the Commonwealth for tort liability and immunity purposes. A member of the Pennsylvania National Guard shall not be liable for an act or omission in good faith on the part of the member of the Pennsylvania National Guard when operating or maintaining a State-owned vehicle under this section. Good faith under this subsection shall not include willful misconduct, gross negligence or recklessness.

(c) Rules and guidelines.--The department, in consultation with the Department of General Services, shall establish rules and guidelines for the implementation of this section.

Legislative History

(Dec. 9, 2002, P.L.1649, No.210, eff. imd.; Nov. 3, 2022, P.L.1933, No.124, eff. 60 days)