No. 28
OFFICIAL OPINION No. 28
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.