Emergency Vehicle OperationsUnit II

You and the Law

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Dave DennistonLoss Control Training Specialist

Unit IIObjectives:

The EVO will be able to recognize and describe the appropriate sections of the Vehicle & Traffic law as they apply to emergency operation

The EVO will be able to define True Emergency, Due Regard, Specific Exemption, Emergency Mode

The EVO will be able to describe the elements of an apparatus operator training program

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Emergency Vehicle Operations

Legal Considerations• Vehicle & Traffic Law• National Standards• Local Ordinances• Organizational SOP’s

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Three Principles That Govern Emergency Vehicle Operators

Drivers are subject to all traffic laws unless a specific exemption is provided.

Exemptions apply only when the vehicle is responding to a true emergency

Drivers can be found criminally or civilly liable if involved in an accident, even if they are operating under the provisions of an exemption.

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Typical State Statute• Section 32-5A-115• Operation of vehicles on approach of authorized emergency vehicles; signals on emergency

vehicles; duty of emergency vehicle driver.• (a) Upon the immediate approach of an authorized emergency vehicle equipped with at least one

lighted lamp and audible signal as is required by law, the driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.

• (b) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with regard for the safety of all persons using the highways.

• (c) Authorized emergency vehicles shall be equipped with at least one lighted lamp exhibiting a colored light as hereinafter provided visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle and a siren, exhaust whistle or bell capable of giving an audible signal. The color of the lighted lamp exhibited by police vehicles may be red or blue and the color of the lighted lamp exhibited by fire department and other authorized emergency vehicles, including ambulances, shall be red. No vehicle other than a police vehicle will use a blue light. An amber or yellow light may be installed on any vehicle or class of vehicles designated by the Director of Public Safety, but such light shall serve as a warning or caution light only, and shall not cause other vehicles to yield the right-of-way. This provision shall not operate to relieve the driver of an emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway nor shall it protect the driver of any such vehicle from the consequences of an arbitrary exercise of such right-of-way.

• (Acts 1980, No. 80-434, p. 604, §4-106; Acts 1981, No. 81-803, p. 1412, §1.)

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Specific Exemption

EV operators are subject to ALL traffic regulations unless given specific exemption.

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Specific Exemption

Specific exemption is a statement in your state statute giving the EV operator certain privileges as set forth in the law not ordinarily permitted.

They ALWAYS contain a clause providing for the safety of other motorist.

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True Emergency

• True Emergency: a situation in which there is a high probability of death or serious injury to an individual(s) or significant property loss and actions by the emergency vehicle driver may reduce the seriousness of the situations.

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Emergency Mode

Specific exemption in the state statute refers to an EV only when operating in the

emergency mode. The emergency mode utilizes warning lights and siren during a

response to a true emergency.

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Due Regard

Even when specific exemption is made, you may be held criminally/civilly liable for your actions if you do not exercise due regard for the safety of others.

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Due Regard

Due regard means that while performing similar duties and under similar circumstances, a reasonably careful person would act in the same manner.

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Due Regard

The fire service has a duty to respond with due regard for the safety of others

Requires education, training & evaluation to prevent

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DUE REGARD must be used when SPECIFIC EXEMPTION is taken while responding to a TRUE EMERGENCY

in the EMERGENCY MODE.

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RCW 46.61.035Authorized emergency vehicles.

• (1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

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Washington State Laws

• RCW 46.37.670 Signal Preemption Devices• RCW 46.37.194 Authorized Emergency Vehicles• RCW 46.37.195 Sale of Emergency Vehicle Lighting• RCW 46.61.210 Operations of Vehicles on approach of

Emergency Vehicle• RCW 46.61.212 Approaching Stationary Emergency

Vehicles• RCW 46.61.264 Pedestrian Yield to Emergency Vehicles• RCW 46.04.040 Authorized Emergency Vehicle

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Washington State Laws

• RCW 46.25.050 Commercial Driver's License Required, Exceptions

• RCW 46.37.184 Red Flashing Lights on Fire Department Vehicles

• RCW 46.61.605 Limitations on Backing• RCW 46.37.190 Warning Devices on Vehicles Other Drivers

Yield and Stop• RCW 46.37.380 Horns, Warning Devices, and Theft Alarms• RCW 46.37.185 Green Light on Firefighters' private cars

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Authorized Vehicles

"Authorized emergency vehicle" means any vehicle of any fire department, police department, sheriff's office, coroner, prosecuting attorney, Washington state patrol, ambulance service, public or private, which need not be classified, registered or authorized by the state patrol, or any other vehicle authorized in writing by the state patrol.

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What are They Required to Do?

(1) Upon the immediate approach of an authorized emergency vehicle makinguse of audible and visual signals meeting the requirements of RCW 46.37.190, orof a police vehicle properly and lawfully making use of an audible signal only thedriver of every other vehicle shall yield the right of way and shall immediatelydrive to a position parallel to, and as close as possible to, the right-hand edge orcurb of the roadway clear of any intersection and shall stop and remain in suchposition until the authorized emergency vehicle has passed, except whenotherwise directed by a police officer.

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BUT!!!!!!!!

(2) This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway.

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But Wait, I’m the Chief!

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Negligence

Negligence: legal deficiency or wrong which results whenever a person fails to exercise that degree of care which a prudent person would exercise under similar circumstances. The negligence may be slight, ordinary, or gross.

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Elements of Negligence

Duty Breach of Duty Injury or Death Breach of the duty caused injury or death

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NFPA Standards

NFPA 1002-Fire Department Vehicle Driver/Operator Professional Qualifications.

NFPA 1451- Fire Service Vehicle Operations Training Programs

NFPA 1500- Firefighter Occupational and Safety Standard.

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NFPA Standards

TrainingNFPA 1002

K, S & A’s Classroom Practical Skill Testing Qualification

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NFPA 1002 StandardMedical Evaluation

– 1.4.2 The fire department driver/operator shall be subject to periodic medical evaluation, as required by NFPA 1500, Section 10.1, Medical Requirements, to determine that the driver/operator is medically fit to perform the duties of a fire department vehicle driver/operator.

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NFPA 1002 StandardPreventive Maintenance.

– 4.2.1* Perform routine tests, inspections, and servicing functions on the systems and components specified in the following list, given a fire department vehicle, its manufacturer’s specifications, and policies and procedures of the jurisdiction, so that the operational status of the vehicle is verified:

• (1) Battery(ies)• (2) Braking system• (3) Coolant system• (4) Electrical system• (5) Fuel• (6) Hydraulic fluids• (7) Oil• (8) Tires• (9) Steering system• (10) Belts• (11) Tools, appliances, and equipment

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NFPA 1002 StandardDriving/Operating. – 4.3.1* Operate a fire department vehicle, given a vehicle

and a predetermined route on a public way that incorporates the maneuvers and features, specified in the following list, that the driver/operator is expected to encounter during normal operations, so that the vehicle is operated in compliance with all applicable state and local laws, departmental rules and regulations, and the requirements of NFPA 1500, Section 4.2:

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NFPA 1002 Standard 4.3con’t• (1) Four left turns and four right turns• (2) A straight section of urban business street or a two-lane rural road at least

1.6 km (1 mile) in length• (3) One through-intersection and two intersections where a stop has to be

made• (4) One railroad crossing• (5) One curve, either left or right• (6) A section of limited-access highway that includes a conventional ramp

entrance and exit and a section of road long enough to allow two lane changes• (7) A downgrade steep enough and long enough to require down-shifting and

braking• (8) An upgrade steep enough and long enough to require gear changing to

maintain speed• (9) One underpass or a low clearance or bridge

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NFPA Standards 4.3con’t• (A) Requisite Knowledge. The effects on vehicle control of liquid surge,

braking reaction time, and load factors; effects of high center of gravity on roll-over potential, general steering reactions, speed, and centrifugal force; applicable laws and regulations; principles of skid avoidance, night driving, shifting, and gear patterns; negotiating intersections, railroad crossings, and bridges; weight and height limitations for both roads and bridges; identification and operation of automotive gauges; and operational limits.

• (B) Requisite Skills. The ability to operate passenger restraint devices; maintain safe following distances; maintain control of the vehicle while accelerating, decelerating, and turning, given road, weather, and traffic conditions; operate under adverse environmental or driving surface conditions; and use automotive gauges and controls.

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NFPA 1002 Standard• 4.3.3* Maneuver a vehicle around obstructions on a roadway

while moving forward and in reverse, given a fire department vehicle, a spotter for backing, and a roadway with obstructions, so that the vehicle is maneuvered through the obstructions without stopping to change the direction of travel and without striking the obstructions.

(A) Requisite Knowledge. Vehicle dimensions, turning characteristics, the effects of liquid surge, spotter signaling, and principles of safe vehicle operation.

(B) Requisite Skills. The ability to use mirrors and judge vehicle clearance.

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NFPA 1451Operations Training Program 4.2

The fire department shall adopt an official written risk management plan dealing with fire service vehicles.

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Operations Training Program 1451

4.2.1* The fire emergency services organization shall adopt an official written risk management plan dealing with fire service vehicles.

4.2.1.1 The fire service vehicle risk management plan shall cover administration, facilities, training, vehicle operations, protective clothing and equipment, operations at emergency incidents, operations at non-emergency incidents, and other related activities.

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Operations Training Program 1451

4.2.1.2* The risk management plan shall include at least the following components:

(1) Risk Identification. Potential problems(2) Risk Evaluation. Likelihood of the occurrence of a given

problem and severity of its consequences(3) Risk Control Techniques. Solutions for the elimination or

mitigation of potential problems and the implementation of the best solution

(4) Risk Management Monitoring. Evaluation of the effectiveness of risk control techniques

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Operations Training Program1451

4.2.2 The fire department shall incorporate the provisions of this standard into the vehicle operations training program.

4.2.3 The fire department shall evaluate the effectiveness of its vehicle operations training program at least once every three years.

4.2.4 An audit report of the findings shall be submitted to the fire chief and to the members of the occupational safety and health committee.

4.2.5* The operations training program shall address all types of fire service vehicles from a broad perspective, including risk determination, design, training, maintenance, and record keeping.

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Coordinated Administrative Polices 1451

4.3.1 The fire department shall establish and enforce rules, regulations,

4.3.2* The fire department shall establish written policies for variations from standard ops

4.3.3 The fire department shall establish written standard operating procedures

4.3.4 Procedures for emergency response shall emphasize the safe arrival

4.3.5 The fire department shall establish written standard operating procedures for driving and operating fire department vehicles during a non-emergency response.

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Coordinated Administrative Polices 1451

4.3.10 Fire department members shall be trained to operate specific vehicles or classes of vehicles before being authorized to drive or operate such vehicles.

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Coordinated Administrative Polices 1451

4.3.10.1 Members shall not be expected to or permitted to drive or operate any vehicles for which they have not received training.

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Coordinated Administrative Polices 1451

4.3.10.2 Fire department members shall be reauthorized annually for all vehicles they are expected to operate.

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Coordinated Administrative Polices 1451

4.3.11 The authority having jurisdiction shall ensure that all vehicle drivers/operators possess a valid vehicle operator's license

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NFPA 1451 – Training Program

qualified instructors monitored by FD safety officer records maintained emergency response policies accident/injury prevention

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NFPA 1500 Chapter 6

6.2.8-During emergency response, drivers of fire department vehicles shall bring the vehicle to a complete stop for any of the following:

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Emergency Vehicles Must Stop

Directed by a Law Enforcement Officer

Red traffic lights Stop signs Negative right of way

intersections Blind intersections

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Emergency Vehicles Must Stop

Cannot account for all lanes of traffic in an intersection

When other intersection hazards are present

When encountering a stopped school bus with flashing warning lights

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NFPA 1500- Section 6.2.9

Drivers shall proceed through intersections only when the driver can account for all lanes of traffic in the intersection.

Eye contact should be made with each driver

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NFPA 1500 Requires a Stop

• Unguarded or activated railroad crossing

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Why Do We Have OSHA?

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Emergency Vehicle Operations

Case HistoryIntersection IncidentTexas City, TX1 Officer killed, 2 Firefighters injuredResponding to a medical call, approached a

four way intersection

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Emergency Vehicle Operations

Was the unit responding to a

True Emergency?

Did the driver exercise due

regard for the safety of others?

Did the driver violate any local

or state laws or recognized

standards?

What action may have

prevented the incident

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Group Activity 2.1

• Break into three groups• Watch the Following Video• Discuss True Emergency, Emergency Response,

Due Regard and Specific Exemption and address how they relate to this video

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Group Activity 2.1

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When Lawsuits are Filed

• “Even if you win the case, the effects of such a battle will have a long lasting impact on yourself, your department and the community you are there to protect”

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Unit II Review

Objectives:

The EVO will be able to recognize and describe the appropriate sections of the Vehicle & Traffic law as they apply to emergency operation

The EVO will be able to define True Emergency, Due Regard, Specific Exemption, Emergency Mode

The EVO will be able to describe the elements of an apparatus operator training program

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