1. Emergency Vehicle Operations Unit II You and the Law 1 Dave Denniston Loss Control Training Specialist

2. Unit II 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 2

3. Emergency Vehicle Operations Legal Considerations Vehicle & Traffic Law National Standards Local Ordinances Organizational SOP’s 3

4. 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. 4

5. 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.) 5

6. Specific Exemption EV operators are subject to ALL traffic regulations unless given specific exemption. 6

7. 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. 7

8. 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. 8

9. 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. 9

10. 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. 10

11. Due Regard Due regard means that while performing similar duties and under similar circumstances, a reasonably careful person would act in the same manner. 11

12. Due Regard  The fire service has a duty to respond with due regard for the safety of others  Requires education, training & evaluation to prevent 12

13. DUE REGARD must be used when SPECIFIC EXEMPTION is taken while responding to a TRUE EMERGENCY in the EMERGENCY MODE. 13

14. RCW 46.61.035 Authorized 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. 14

15. 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 15

16. 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 16

17. 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. 17

18. What are They Required to Do? (1) Upon the immediate approach of an authorized emergency vehicle making use of audible and visual signals meeting the requirements of RCW 46.37.190, or of a police vehicle properly and lawfully making use of an audible signal only 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. 18

19. 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. 19

20. But Wait, I’m the Chief! 20

21. 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. 21

22. Elements of Negligence  Duty  Breach of Duty  Injury or Death  Breach of the duty caused injury or death 22

23. 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. 23

24. NFPA Standards Training NFPA 1002  K, S & A’s  Classroom  Practical Skill  Testing  Qualification 24

25. NFPA 1002 Standard  Medical 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. 25

26. NFPA 1002 Standard  Preventive 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 26

27. NFPA 1002 Standard  Driving/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: 27

28. 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 28

29. 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. 29

30. 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. 30

31. NFPA 1451 Operations Training Program 4.2  The fire department shall adopt an official written risk management plan dealing with fire service vehicles. 31

32. 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. 32

33. 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 33

34. 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. 34

35. 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. 35

36. 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. 36

37. 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. 37

38. Coordinated Administrative Polices 1451 4.3.10.2 Fire department members shall be reauthorized annually for all vehicles they are expected to operate. 38

39. 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 39

40. NFPA 1451 – Training Program  qualified instructors  monitored by FD safety officer  records maintained  emergency response policies  accident/injury prevention 40

41. 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: 41

42. Emergency Vehicles Must Stop  Directed by a Law Enforcement Officer  Red traffic lights  Stop signs  Negative right of way intersections  Blind intersections 42

43. 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 43

44. 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 44

45. NFPA 1500 Requires a Stop Unguarded or activated railroad crossing 45

46. Why Do We Have OSHA? 46

47. Emergency Vehicle Operations Case History  Intersection Incident  Texas City, TX  1 Officer killed, 2 Firefighters injured  Responding to a medical call, approached a four way intersection 47

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51. 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 51

52. 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 52

53. Group Activity 2.1 53

54. 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” 54

55. 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 55