Leadership Institute Branch Legal Training Section EVO: Emergency Vehicle Operations Roll Call...

Leadership Institute BranchLegal Training Section

EVO: Emergency Vehicle Operations

Roll Call Training2015-6

RCT 2015-6 Emergency Vehicle Operations 2

Objective

At the end of this review, the viewer will be able to:

Understand the Kentucky statutes that guide emergency vehicle operations.


REMEMBER…The Kentucky Revised Statutes permit an exception from the general vehicle statutes in ONLY certain situations. At all other times, whether normal vehicle operations, or emergency vehicle operations, operators are expected to:

1. Obey traffic laws; and2. Use due regard – for their safety and the safety

of the general public.

Law enforcement’s safe, and effective response is a key component of serving and protecting our communities.


KRS 189.940 Exemptions from traffic regulations

Begin by reviewing subsection (5):(5) The driver of an emergency vehicle desiring the use of any option granted by subsections (1) through (3) of this section shall give warning in the following manner:

(a) By illuminating the vehicle's warning lights continuously during the period of the

emergency; and(b) By continuous sounding of the vehicle's

siren, bell, or exhaust whistle;


In order for law enforcement officers to be exempt from certain vehicle statutes in the operation of an emergency vehicle (defined in KRS 189.910), the operation must be with: * the use of due regard * illuminating the vehicle's warning lights continuously during the period of the

emergency; AND * continuous sounding of the vehicle's siren, bell, or exhaust whistle


Exemption from SPEED limitations(1) Except as provided in KRS 189.920, the speed limitations set forth in the Kentucky Revised Statutes do not apply to emergency vehicles: (a) When responding to emergency calls; or (b) To police vehicles when in pursuit of an actual or suspected violator of the law; or ***** (d) The driver thereof is giving the warning required

by subsection (5)(a) and (b) of this section.


Exemption from SPEED limitations

No portion of this subsection shall be construed to relieve the driver of the duty to operate the

vehicle with due regard for the safety of all persons using the street or highway.


Speed limits can be disregarded by law enforcement officers if they are: * Responding to emergency calls; or * To police vehicles when in pursuit of an actual or suspected violator of the law; AND * Continuously illuminating the warning lights AND * Continuously sounding the siren AND * Using due regard for the safety of all.


Exemption from “INTERSECTION” control

(2) The driver of an emergency vehicle, when responding to an emergency call, or of a police vehicle in pursuit of an actual or suspected violator of the law…and giving the warning required by subsection (5) of this section, upon approaching any red light or stop signal or any stop sign shall slow down as necessary for safety to traffic, but may proceed past such red or stop light or stop sign with due regard for the safety of persons using the street or highway.


Law enforcement officers may disregard a RED light, STOP signal or a STOP sign controlling an intersection if they are:* Responding to emergency calls; or* To police vehicles when in pursuit of an actual or suspected violator of the law; AND* Continuously illuminating the warning lights, AND * Continuously sounding the siren, AND* Upon approaching the intersection shall slow down as necessary for safety to traffic, but may proceed past such red or stop light or stop sign, AND* Have due regard for the safety of persons


Exemption from operating ONE-WAY, or WRONG WAY on the highway

(3) The driver of an emergency vehicle, when responding to an emergency call, or of a police vehicle in pursuit of an actual or suspected violator of the law…and giving warning required by subsection (5) of this section, may drive on the left side of any highway or in the opposite direction of a one-way street provided the normal lanes of traffic are blocked and he does so with due regard for the safety of all persons using the street or highway.

Operating on the wrong side or the wrong way is permitted by law enforcement officers if they are: * Responding to emergency calls; or * To police vehicles when in pursuit of an actual or suspected violator of the law; AND * Continuously illuminating the warning lights AND * Continuously sounding the siren AND * Driving on the left side of any highway, or * Driving in the opposite direction of a one-way street provided the normal lanes of traffic are blocked, AND * Using due regard for the safety of all.



What the KY Supreme Ct said…

In the case of Jones v. Lathram, the Court held: “the act of safely driving a police cruiser, even in an emergency, is not an act that typically requires any deliberation or the exercise of judgment. Rather, driving a police cruiser requires reactive decisions based on duty, training, and overall consideration of public safety ... Upon the foregoing analysis, we conclude that whether Trooper Lathram was negligent in operating his police cruiser, with due regard being given to all the facts and circumstances, is a question for resolution by the trier of fact.”


The Court held that the act of driving a police vehicle in emergency mode is not a discretionary act that requires deliberation, but rather a ministerial act where the officer makes decisions based upon duty, training and considerations of public safety. Thus, the trooper was not entitled to qualified immunity, and, as such, the case should go to a jury to decide whether or not the trooper drove negligently.

Jones v. Lathram, 150 S.W.3d 50 (2004)


Liability Issues

Liability can be created for BOTH you and your agency if there is negligence in the operation of emergency vehicles. Remember – there are both statutes and department policies and procedures to follow.

BE PROFESSIONAL – BE SAFEWhen operating an emergency vehicle

Do your part in supporting

BELOW 100 http://below100.org


Questions?

If you have any questions concerning this presentation, please feel free to contact the

Legal Training Section in one of the following ways:

Website: www.docjt.ky.gov/legal

Phone: 859-622-3801

Email: [email protected]

http://www.docjt.ky.gov/legal

mailto:[email protected]

Leadership Institute Branch Legal Training Section EVO: Emergency Vehicle Operations Roll Call...

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