(a) General rule.--During the course of transportation, including the loading and unloading thereof, of hazardous substances, no person shall be liable in civil damages when his conduct consists solely of action or inaction taken or omitted in the course of rendering care, assistance or advice, voluntarily and upon request of any police agency, fire department, rescue or emergency squad, any other governmental agency, the person responsible for preventing, mitigating or cleaning up the danger to person, property or environment or the owner or manufacturer of the hazardous substance involved, with respect to an incident creating a danger to person, property or environment as a result of spillage, leakage, seepage, fire, explosion or other accidental or potential accidental release of hazardous substances.

(b) Exclusions.--The immunities provided in this section shall not apply to any person who:

(c) Persons not affected.--This section shall not be construed to affect any immunity otherwise granted by statute to any police agency, fire department, rescue or emergency squad or any other governmental agency.

(d) Gross negligence or willful misconduct.--Nothing in this section shall be construed to limit or otherwise affect or preclude the liability of any person resulting from such person's gross negligence or intentional misconduct. Reckless, willful or wanton misconduct shall constitute gross negligence.

(e) Definitions.--As used in this section the following words and phrases shall have the meanings given to them in this subsection:

“Hazardous substances.” All substances which are defined as hazardous in the act of November 9, 1965 (P.L. 657, No. 323), known as the “Hazardous Substances Transportation Act,”¹ or any subsequent amendment thereto.

“Person.” Any individual, partnership, corporation, association or other entity.