§ 3325 — Duty of driver on approach of emergency vehicle

(a) General rule.--Upon the immediate approach of an emergency vehicle making use of an audible signal and visual signals meeting the requirements and standards set forth in regulations adopted by the department, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in that position until the emergency vehicle has passed, except when otherwise directed by a police officer or an appropriately attired person authorized to direct, control or regulate traffic. On one-way roadways a driver may comply by driving to the edge or curb which is nearest to the lane in which he is traveling.

(b) Duty of operator of streetcar.--Upon the approach of an emergency vehicle, the operator of every streetcar shall immediately stop the streetcar clear of any intersection and remain in that position until the emergency vehicle has passed, except when otherwise directed by a police officer or an appropriately attired person authorized to direct, control or regulate traffic.

(c) Defense.--It is a defense to prosecution under this section if the defendant can show by a preponderance of the evidence that the failure to stop immediately for a police officer was based on a good faith concern for personal safety. In determining whether the defendant has met this burden, the court may consider the following factors:

(1) The time and location of the event.

(2) The type of vehicle used by the police officer.

(3) The defendant's conduct while being followed by the police officer.

(4) Whether the defendant stopped at the first available reasonably lighted or populated area.

(5) Any other factor considered relevant by the court.

Legislative History

(June 26, 2001, P.L.734, No.75, eff. 60 days) Cross References.Section 3325 is referred to in sections 3327, 3732, 3732.1 of this title.