Chapter 3 Rules, Regulations, and the Law

Objectives Identify types of laws that apply to emergency vehicle operations. Identify how specific laws apply to emergency vehicle operations. Identify the changing legal climate that exists, and its impact upon emergency vehicle drivers and their organization.

Objectives Identify the primary legal principles which affect drivers and recognize their implications upon emergency vehicle operations. Identify the specific state driving laws that affect the emergency and related vehicle driver. Identify the individual state laws, local ordinances, standards, and requirements that impact emergency vehicle driver training and operations.

Case Study Review and discuss the case study.

Introduction

Examples of Exemptions Permission to proceed through a red traffic signal or stop sign. Ability to exceed the posted speed limit. Right to travel against the normal flow of traffic. Park on roadways regardless of traffic flow.

Laws Which Impact the Emergency Vehicle Driver State motor vehicle and traffic laws Nationally recognized standards State and federal occupational safety and health regulations Local ordinances Organizational policies, procedures, and guidelines

Changing Legal Climate Lawsuits tend to include any and all parties involved: Organization as a whole Emergency vehicle operator Officer of the vehicle Vehicle crew members Chief executive of the organization Board of Directors, Commissioners

The King Can Do No Wrong!

Defining the Law

Types of Regulations Constitutional laws Statutory laws come from legislative acts Ordinances Rules and regulations: Organizational policies, procedures, and guidelines Standard Operating Procedures (SOP) Standard Operating Guidelines (SOG)

Understanding Regulations

Some Local Organization SOP/SOGs Policy on emergency vehicle driver training Emergency and nonemergency response protocols Navigating intersections Use of privately owned vehicles (Continued)

Some Local Organization SOP/SOGs Speed and space management Seat belt use Parking and placement of vehicles What to do if involved in an collision

Three Principles Regarding Exemptions Emergency and related vehicle drivers are subject to all traffic regulations unless a specific exemption is made in the state or local statutes. Exemptions are legal only in the emergency mode. Even with an exemption, emergency and related vehicle drivers can be found criminally or civilly liable if involved in a crash.

What Is Meant by “Specific Exemption”?

What Is Meant by “Specific Exemption”? A specific exemption is a statement which appears in the statutes and specifies an exception to the rule such as: “The operator of an authorized emergency vehicle may park in a no parking zone as long as the operator does not endanger life or property.” — NHTSA

Three Principles of EVO Law Emergency vehicle drivers are subject to all traffic laws unless a specific exemption is provided. Exemptions for emergency vehicle drivers apply only when the emergency vehicle is responding to a true emergency. Emergency vehicle drivers can be found criminally or civilly liable if involved in an accident, even if they are operating under the provisions of an exemption.

Important Terms True emergency Due regard Negligence Gross negligence Willful and wanton Vicarious liability

True Emergency Situations where others determine the “nature of the emergency” include: Emergency dispatch protocols (hot, cold) for Fire and EMS Information from a dispatcher Affiliated emergency service operator requests medical facility physician’s decision

True Emergency Ask yourself these questions: Is there a high probability of death or serious injury to the patient? Will my actions reduce the seriousness of the incident?

True Emergency Examples: True Emergency—Residential fire with reported persons trapped. True Emergency—A dispatcher reports an individual, who is highly allergic to bees, is stung by a bee. Nonemergency—Automatic fire alarm sounding. Nonemergency—A person falls and breaks an ankle.

Law of Due Regard

Law of Due Regard Ask yourself these questions: Am I responding like others will in the same situation? Am I giving enough notice of my vehicle’s approach to allow other motorists and pedestrians to clear a path and protect themselves? Am I using the signaling equipment appropriately? (Continued)

Law of Due Regard Ask yourself these questions: Is it necessary to use it? Can motorists and pedestrians hear and see my signals? Am I using extreme caution?

Due Regard Examples: No regard for safety Due regard for safety

Negligence

Negligence Ask yourself these questions: Do I have a “duty to act” toward the other person? What must I do to avoid a “breach of duty”? How can I avoid the other person suffering injury or loss because of my duty?

Case Examples Example 1: An ambulance was transporting a young girl with an injured arm to the hospital when it crashed with another vehicle. The operator of the ambulance was at fault. The crash caused an additional injury to the child. The operator could be found negligent.

Case Examples Example 2: An aerial truck inspection was done, and the operator noted in writing that the tire had a problem. A run was called in, and the operator drove the vehicle knowing the tire was bad. During the run, the operator was involved in a crash as a result of the bad tire. The operator could be found negligent.

Negligence Gross negligence Willful and wanton Vicarious liability

Two Primary Considerations Was the emergency vehicle responding to a true emergency? Did the emergency vehicle driver exercise due regard for the safety of others?

Other Legal Liability Issues Every ESO must consider other factors which include: Failure to report crashes or using improper reporting procedures Exceeding load capacity of the vehicle Failure to conduct/record vehicle inspections Failure to provide training Responsibility for passenger possessions Failure to maintain training records

CDL

Key Points of Law Federal, state, provincial, and local laws dictate emergency vehicle operation. ESO requirements must incorporate and not contradict federal, state, or local requirements. There are certain situations where the emergency vehicle operator may be exempt from the regulations.

Interpreting Rules, Regulations, and the Law Must exercise due regard for the safety of the crew, patients, passengers, and general public. Should not operate under emergency response conditions unless a true emergency exists . Need to “think safety” to avoid negligence charges.

Case Study Recap Recommendations and Discussions from NIOSH.

Summary Driving is a privilege. As an emergency vehicle operator, you are responsible for the safe and efficient preparation and response to the incident. Emergency responders need to be aware that at all times while performing your job, you are being held “legally accountable” for your actions.

Summary Rules, regulations, laws, and ordinances exist to maintain order and keep everyone as safe as possible. Prudent driving habits reflect adherence to these laws and standards. The education and training of emergency and related vehicle drivers in their legal responsibilities is absolutely imperative.