Pennsylvania § 6342 - Written policies required.

§ 6342. Written policies required.

(a) General rule.--Each police department shall develop and implement a written emergency vehicle response policy governing the procedures under which a police officer should initiate, continue and terminate a motor vehicle pursuit. This policy may be the model policy endorsed by a national or state organization or association of police chiefs or police officers. The written policy shall incorporate the guidelines under this section.

(b) Intent of guidelines.--The guidelines under this section are solely intended to direct police departments to maintain pursuit policies and outline the content of those pursuit policies. The guidelines contained in this section are not intended to mandate the actions of individual police officers during any particular pursuit.

(c) Policy guidelines.--Each police department policy shall include, but not be limited to, the following procedural elements:

(1) Decision making criteria or principles for initiation of pursuit. These criteria or principles may include, but not be limited to:

(i) The potential for harm or immediate or potential danger to others if the fleeing individual or individuals escape.

(ii) The seriousness of the offense committed or believed to have been committed by the individual or individuals attempting to flee.

(iii) Safety factors that pose a risk to police officers, other motorists, pedestrians and other persons.

(2) Responsibilities of the pursuing officers.

(3) Responsibilities for the communications center.

(4) Responsibilities of the field supervisor.

(5) Traffic regulations during pursuit, including, but not limited to, the use of emergency equipment, audio signals and visual signals.

(6) Pursuit tactics.

(7) Roadblock usage.

(8) Communication and coordination of pursuit protocol for interjurisdictional pursuit.

(9) Decision making criteria or principles for termination of pursuit. These criteria or principles may include, but not be limited to, safety factors that pose a risk to police officers, other motorists, pedestrians and other persons.

(d) Biennial certification.--The commission shall certify every other year whether each department has a pursuit policy in force. The commission shall provide to the Pennsylvania State Police a list of those municipal police departments that have and have not notified or certified to the commission that that department has a pursuit policy. The biennial certification may be implemented simultaneously with other certifications conducted by the commission.

(e) Policy confidential.--A policy adopted under this section shall be confidential and shall not be made available to the general public.

(f) Limitations.--No police departmental policy may violate or supersede the requirements of section 3105 (relating to drivers of emergency vehicles).

Cross References. Section 6342 is referred to in section 6344 of this title.