Outlines when certain vehicles shall be considered an emergency ambulance service vehicle

5 Co-sponsors

• Tony Avella
• William J. Larkin Jr.
• Kenneth P. LaValle
• George D. Maziarz
• Diane J. Savino

BILL NUMBER:S745

Title of bill

An act to amend the vehicle and traffic law, in relation to emergency ambulance service vehicles

Purpose

To include within the definition of "emergency ambulance service vehicle", vehicles operated by supervisory officers and medical directors so as to provide such vehicles authority to circumvent certain rules of the road during an emergency response in the same manner as other emergency vehicles are may currently

Summary of provisions

This bill would amend Vehicle and Traffic Law § 115-c to include within the definition of "emergency ambulance service vehicle", vehicles operated by supervisory officers and medical directors.

Existing law

Current law provides that vehicles operated by a chief or assistant chief of a fire department are considered authorized emergency vehicles.

Justification

Vehicle and Traffic Law § 1104 provides that the driver of an authorized emergency vehicle, when involved in an emergency operation, and with due regard for the safety of others, may proceed through a red light or a stop sign after slowing down; exceed the speed limit, so long as the driver does not endanger life or property; and disregard regulations governing directions of movement or turning in specified directions. Under VTL § 101, "Authorized emergency vehicles" include police vehicles, fire vehicles and emergency ambulance service vehicles.

The VTL specifically provides that a vehicle ordinarily operated by a "chief or assistant chief of a fire department" (as well as by a "a county or deputy county fire coordinator, or county or assistant county fire marshal, or town or assistant town fire coordinator") may be considered a "fire vehicle" for the purposes of being considered an authorized emergency vehicle" (VTL § 115-a). The VTL has no parallel provision with respect to EMS operations. The VTL definition of an emergency ambulance service vehicle relates to motor vehicles operated for the purpose of "transporting emergency medical personnel and equipment to sick or injured persons" (VTL § 115-c). The motor vehicles operated by EMS chief officers and supervisors as command or conditions cars are operated primarily for the purpose of overseeing field operations. Accordingly, they are not generally equipped in the same manner as "emergency ambulance service vehicles."

Given that the VTL recognizes that the vehicles operated by fire chiefs and their assistants should be deemed to constitute fire vehicles, even though the vehicles are not themselves used for firefighting operations and the chiefs and supervisory personnel that they transport typically oversee, and do not perform, fire

operations, there is no reason why there should not be a parallel provision for EMS chiefs and supervisory personnel.

The day-to-day supervision of EMS personnel requires the. rapid response of EMS field supervisors to medical emergencies. Field supervisors are required to provide oversight and guidance at a variety of medical emergencies, including those involving cardiac arrests, emotionally disturbed persons, hazardous materials incidents and rescue operations. In addition, EMS chiefs and medical directors provide high level operational and medical supervision at larger and more complex incidents, ranging from mass casualty motor vehicle accidents to terrorist incidents. The law should, therefore, be clear as to their ability to get through crowded city streets.

Legislative history

2011-2012 Passed Senate (S.5598/A.9935)

Fiscal implications

None.

Effective date

Immediately.