© 2006 PSEN Unit #5 Legal Terms & Liability Fire and EMS responders are being criminally charged for negligence.

© 2006 PSEN Goal & Objective To create an undisputable understanding of Massachusetts General Laws that pertain to operators of a vehicle governed by CDL Standards and MGL 89 & 90.

© 2006 PSEN Attitude to Foster Each participant must work very hard to recognize and implement driving standards that present themselves in MGL. Participants can not drive with an espoused theory that their interpretation of law is what they will drive to. Each participant must work very hard to recognize and implement driving standards that present themselves in MGL. Participants can not drive with an espoused theory that their interpretation of law is what they will drive to.

© 2006 PSEN Legal Principles Are subject to all traffic laws unless a specific exemption is provided Exceptions for emergency vehicle drivers apply only when the emergency vehicle is responding to a true emergency Are subject to all traffic laws unless a specific exemption is provided Exceptions for emergency vehicle drivers apply only when the emergency vehicle is responding to a true emergency

© 2006 PSEN Legal Principles 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.

© 2006 PSEN An EMT-Paramedic is convicted of involuntary manslaughter and sentenced for 2 to 10 years in prison. OHIO

© 2006 PSEN A fire chief was individually named in a lawsuit after an engine killed a pedestrian while responding to an alarm. TEXAS

© 2006 PSEN EMT-Paramedic was sentenced to a year in jail after being found guilty of vehicular homicide after an intersection collision killing a civilian driver. GEORGIA

© 2006 PSEN Terms & Definitions

© 2006 PSEN 1.Understand the changing legal climate which exists 2.Identify the primary legal principles which affect drivers and recognize their implications 3.Recognize that specific state driving laws affect the emergency vehicle driver. 4.Recognize that individual state or local laws, standards and requirements impact emergency vehicle driver training and operations. Objective

© 2006 PSEN Five Categories of Requirements State motor vehicle and traffic laws. Nationally recognized standards. State and federal occupational and safety regulations. Local ordinances. Organizational policies, procedures, and guidelines.

© 2006 PSEN Changing Legal Climate Concept of public kindness King can do no wrong

© 2006 PSEN Legal Principles and Terms Subject to laws unless specific exemptions exist Exemptions apply only to true emergencies. Emergency vehicle drivers can be found criminally and/or civilly liable.

© 2006 PSEN True Emergency Due Regard Negligence Gross Negligence Willful and wanton Vicarious liability Legal Principles and Terms

© 2006 PSEN Judicial review is based on … Was it a TRUE EMERGENCY? Was DUE REGARD for the safety of others exercised? Legal Principles and Terms

© 2006 PSEN TRUE EMERGENCY A situation in which there is a high probability of death or serious injury to an individual or significant property loss. Legal Principles and Terms

© 2006 PSEN DUE REGARD That a reasonably careful person performing similar duties and under similar circumstances would act in the same manner. Legal Principles and Terms

© 2006 PSEN NEGLIGENCE A wrong which results whenever a person fails to exercise that degree of care which a prudent person would exercise under similar circumstances. Slight.. Ordinary.. Gross Legal Principles and Terms

© 2006 PSEN GROSS NEGLIGENCE Is reckless disregard of the consequences of an act to another person. Legal Principles and Terms

© 2006 PSEN VICARIOUS LIABILITY Is legal liability placed on one person for the acts committed by another person. Legal Principles and Terms

© 2006 PSEN WILLFUL & WANTON Means intentional or with careless indifference. (considered the most serious form of negligence) Legal Principles and Terms

© 2006 PSEN Emergency Vehicle Driving Laws CDL Requirements Exemptions granted to emergency vehicle drivers Requirements for members of the public Requirements for emergency responders in POVs.

© 2006 PSEN Other Requirements and Standards National Fire Protection Association State Laws Administrative Regulations Local Ordinances or Statutes Organizational Rules Regulations and Standard Operating Guidelines

© 2006 PSEN Unit #5 Legal Terms & Liability Massachusetts Firefighters.. The next series of slides briefly looks at MGL 89 & 90 … Exemption Laws for Emergency Vehicles Outside of MA this is the end of this unit

89-6A~ Stopping railway cars 89-7~ Right of way for apparatus 89-7A~ Restrictions on use of ways 89-7B~ Operation of emergency vehicles 90-14~ Passing a school bus 89-6A~ Stopping railway cars 89-7~ Right of way for apparatus 89-7A~ Restrictions on use of ways 89-7B~ Operation of emergency vehicles 90-14~ Passing a school bus MGL 89 & 90

© 2006 PSEN What is BAC Blood Alcohol Concentration

© 2006 PSEN. 08% BAC CDL --.04% BAC

© 2006 PSEN Stopping railway cars for apparatus passage Every motorman of a car upon a street railway shall, upon the approach of any fire apparatus going to a fire or responding to an alarm, immediately stop said car and keep the same at a standstill until such apparatus has passed. Violation of any provision of this section shall be punished by a fine of not more than twenty-five dollars Local 89-6A

© 2006 PSEN The members and apparatus of a fire department while going to a fire or responding to an alarm, police patrol vehicles and ambulances, and ambulances on a call for the purpose of hospitalizing a sick or injured person shall have the right of way through any street, way, lane or alley. Right of Way for Apparatus Local 89-6A

© 2006 PSEN Restrictions on Use of Ways Drive as far as possible to the right hand curb Remain at a standstill No driving over hose Within 300 feet Park & leave vehicle within 800 feet of an emergency scene Local 89-6A

© 2006 PSEN Passing a School Bus When approaching a vehicle which displays a sign bearing the words “SCHOOL BUS” and which is equipped with front and rear alternating flashing red signal lamps which are flashing a person operating a motor vehicle or trackless trolley shall, except when approaching from the opposite direction on a divided highway, bring his vehicle or trackless trolley to a full stop before reaching said school bus and shall not thereafter proceed until the warning signals are deactivated, unless directed to the contrary by a police officer duly authorized to control the movement of traffic.

© 2006 PSEN Operations of Emergency Vehicles … may drive such vehicle at a speed in excess of the applicable speed limit if he exercises caution and due regard under the circumstances for the safety of persons and property, may drive such vehicle through an intersection of ways contrary to any traffic signs or signals regulating traffic at such intersection if he first brings such vehicle to a full stop and then proceeds with caution and due regard Local 89-7B

© 2006 PSEN Unit #5 Legal Terms & Liability