No. 28

OFFICIAL OPINION No. 28

Year: 1971Length: 358 wordsOfficial source

Cite as Pa. Op. Att'y Gen. No. 28 (1971)

OFFICIAL OPINION No. 28 49 Bureau of Correction-Inmates-Authority to operate motor vehicles in con- nection with work assignments. I. Properly licensed inmates have been operating licensed motor vehicles on public roads in connection with their work assignments in various institutions for many years. 50 OPINIONS OF THE ATTORNEY GENERAL 2. Numerous worthwhile programs would be seriously impeded if licensed inmates were not permitted to operate motor vehicles. 3. Liability coverage for the inmates exists under the Commonwealth's master fleet insurance. 4. Under Section 2407 of the Administrative Code of 1929, as amended, 71 P.S. § 637, inmates are employes of the Bureau of Correction while operating such vehicles with permission. 5. The Bureau may continue to permit inmates who are properly licensed to operate motor vehicles in connection with their job assignments. Stewart Werner Deputy Commissioner Bureau of Correction Camp Hill, Pa. Dear Commissioner Weaver: Harrisburg, Pa., April 30, 1971 I have reviewed your memorandum of April 13, 1971 in which you inquire as to whether it is appropriate for the Bureau to permit in- mates who are properly licensed to operate licensed motor vehicles on public roads in connection with their work assignments in the various institutions. It is my understanding that licensed inmates have been operating such vehicles for many years. It is also my understanding that a good many very worthwhile programs would be seriously impeded if licensed inmates were not permitted to operate motor vehicles. We have reviewed the Commonwealth's Master Fleet Insurance and we are convinced that there is liability coverage. We also note that the insurance carrier has agreed that inmates are covered by the policy. I have also reviewed Section 2407 of the Administrative Code of 1929, as amended, 71 P. S. § 63 7. It is my conclusion that for the purposes of that section, inmates are employes of the Bureau of Cor- rection while operating such vehicles with permission. OPINIONS OF THE ATTORNEY GENERAL 51 I, therefore, conclude that the Bureau may continue to permit in- mates who are properly licensed to operate motor vehicles in connec- tion with their job assignments. Sincerely yours, J. SHANE CREAMER, Attorney General.