1. Chapter 3 Rules, Regulations, and the Law

2. 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.

3. 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.

4. Case Study
Review and discuss the case study.

5. Introduction

6. 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.

7. 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

8. 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

9. The King Can Do No Wrong!

10. Defining the Law

11. 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)

12. Understanding Regulations

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

14. 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

15. 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.

16. What Is Meant by
“Specific Exemption”?

17. 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

18. 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.

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

20. 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

21. 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?

22. 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.

23. Law of Due Regard

24. 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)

25. 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?

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

27. Negligence

28. 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?

29. 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.

30. 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.

31. Negligence
Gross negligence
Willful and wanton
Vicarious liability

32. 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?

33. 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

34. CDL

35. 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.

36. 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.

37. Case Study Recap
Recommendations and Discussions from NIOSH.

38. 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.

39. 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.