Bill Text: IA SF2183 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the operation of authorized emergency vehicles and snow plows, and making penalties applicable.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-08 - Subcommittee: Smith, Danielson, and Zumbach. S.J. 277. [SF2183 Detail]
Download: Iowa-2017-SF2183-Introduced.html
Senate File 2183 - Introduced SENATE FILE BY DANIELSON A BILL FOR 1 An Act relating to the operation of authorized emergency 2 vehicles and snow plows, and making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5727SS (4) 87 ns/rh PAG LIN 1 1 Section 1. Section 321.1, Code 2018, is amended by adding 1 2 the following new subsections: 1 3 NEW SUBSECTION. 20C. "Emergency lights" means steady, 1 4 oscillating, rotating, or flashing red and blue lights, but 1 5 does not include original or aftermarket amber, white, or red 1 6 directional or emergency signal, brake, or tail lamps. 1 7 NEW SUBSECTION. 93A. "Warning lights" means steady, 1 8 oscillating, rotating, or flashing amber or white lights, and 1 9 steady, oscillating, rotating, or flashing amber or red lights 1 10 on a school bus, but does not include original or aftermarket 1 11 amber, white, or red directional or emergency signal, brake, 1 12 or tail lamps. 1 13 Sec. 2. Section 321.231, subsection 1, Code 2018, is amended 1 14 to read as follows: 1 15 1. The driver of an authorized emergency vehicle, when 1 16 responding to an emergency call or incident, or when in the 1 17 pursuit of an actual or suspected perpetrator of a felony or 1 18 misdemeanor, or in response to an incident dangerous to the 1 19 public, or when responding to but not upon returning from a 1 20 fire alarm, may exercise the privileges set forth in this 1 21 section. 1 22 Sec. 3. Section 321.231, subsection 2, Code 2018, is amended 1 23 by adding the following new paragraphs: 1 24 NEW PARAGRAPH. c. Operate the vehicle on the shoulder or 1 25 median of a highway. 1 26 NEW PARAGRAPH. d. Disregard laws or regulations governing 1 27 turning the vehicle in specified directions. 1 28 NEW PARAGRAPH. e. Disregard laws or regulations governing 1 29 overtaking or passing other motorists. 1 30 Sec. 4. Section 321.231, subsections 3 and 4, Code 2018, are 1 31 amended to read as follows: 1 32 3. The driver ofaan official fire department vehicle, 1 33 rescue vehicle, police vehicle,orambulance, or emergency 1 34 medical services vehicle, or a peace officer riding a police 1 35 bicycle in the line of duty may do any of the following: 2 1 a. Proceed past a red or stop signal or stop sign, but only 2 2 after slowing down as may benecessaryreasonable for safe 2 3 operation. 2 4 b. Exceed the maximum speed limits so long as the driver 2 5 does not unreasonably endanger life or property. 2 6 4. a. The exemptions granted to the driver of an authorized 2 7 emergency vehicle under subsection 2 andfor ato the driver 2 8 of an official fire department vehicle, rescue vehicle, police 2 9 vehicle,orambulance, or emergency medical services vehicle as 2 10 provided in subsection 3 shall apply only when such vehicle is 2 11 making use of an audiblesignalingwarning device meeting the 2 12 requirements of section 321.433 or a visual signaling device, 2 13 except that use of an audible or visual signaling device shall 2 14 not be required when exercising themeeting the requirements 2 15 of section 321.423. 2 16 b. The exemption granted under subsection 3, paragraph 2 17 "b"of this section when the vehicle is operated by a peace 2 18 officer, shall be granted to a peace officer or reserve peace 2 19 officer operating an authorized emergency vehicle without 2 20 using an audible warning device or visual signaling device if 2 21 such action does not endanger the life of the officer or the 2 22 vehicle, and if the officer is pursuing a suspected violator of 2 23 the speed restrictions imposed by or pursuant to this chapter,2 24 for the purpose of determining the speed of travel of such 2 25 suspected violator, or if the officer has probable cause to 2 26 believe that a suspected violator's knowledge of the officer's 2 27 proximity will cause the suspected violator to destroy evidence 2 28 of a suspected felony or to evade apprehension. 2 29 c. The exemption granted under subsection 3, paragraph 2 30 "b", shall be granted to the driver of an authorized emergency 2 31 vehicle transporting a patient to a hospital without using 2 32 an audible warning device or visual signaling device if a 2 33 certified emergency medical care provider reasonably believes 2 34 the patient's condition warrants limited use of the vehicle's 2 35 audible warning device or visual signaling device, provided 3 1 the driver activates the vehicle's audible warning device or 3 2 visual signaling device when necessary to warn motorists or 3 3 pedestrians of the vehicle's approach, or when approaching an 3 4 intersection. 3 5 Sec. 5. Section 321.231, Code 2018, is amended by adding the 3 6 following new subsection: 3 7 NEW SUBSECTION. 3A. A peace officer operating an authorized 3 8 emergency vehicle may execute a lawful intervention technique 3 9 if such execution is reasonable under the circumstances and 3 10 the officer has completed a training course approved by the 3 11 Iowa law enforcement academy that instructs participants in the 3 12 proper execution of lawful intervention techniques. 3 13 Sec. 6. NEW SECTION. 321.231A Authorized emergency vehicles 3 14 ==== parades and events. 3 15 1. The driver of an authorized emergency vehicle may operate 3 16 the vehicle as part of an official governmental event for the 3 17 purposes of the safety and security of an elected official, 3 18 candidate for public office, or the public, or as part of a 3 19 parade or other public service event if the parade or event 3 20 is approved by the state or a municipality, as defined in 3 21 section 670.1, and notice of the parade or event is publicly 3 22 disseminated by the state or municipality in the area where the 3 23 parade or event will occur at least five days prior to the date 3 24 on which the parade or event will occur. 3 25 2. Notwithstanding any provision of law to the contrary, an 3 26 authorized emergency vehicle operating in a parade or event may 3 27 display emergency lights or warning lights. This subsection 3 28 shall not be construed to exempt the driver of the authorized 3 29 emergency vehicle from any duty to operate the vehicle with due 3 30 regard for the safety of all persons. 3 31 Sec. 7. NEW SECTION. 321.231B Authorized emergency vehicles 3 32 ==== immunity from liability. 3 33 1. A fire fighter who is certified by the fire service 3 34 training bureau, as described in section 100B.6, as a fire 3 35 apparatus driver or operator and who has completed an emergency 4 1 vehicle operations course approved by the fire service training 4 2 bureau shall not be liable for any injury or loss arising from 4 3 the fire fighter's operation of an authorized emergency vehicle 4 4 in response to an emergency call or incident or to an incident 4 5 dangerous to the public unless the fire fighter operates the 4 6 vehicle with willful and wanton disregard for the safety of 4 7 persons or property. 4 8 2. An emergency medical care provider, as defined in section 4 9 147A.1, who has completed an emergency vehicle operations 4 10 course approved by the department of public health shall not 4 11 be liable for any injury or loss arising from the provider's 4 12 operation of an authorized emergency vehicle in response to an 4 13 emergency call or incident or to an incident dangerous to the 4 14 public unless the provider operates the vehicle with willful 4 15 and wanton disregard for the safety of persons or property. 4 16 3. A peace officer, as defined in section 801.4, or a 4 17 reserve peace officer, as defined in section 80D.1A, who has 4 18 completed an emergency vehicle operations course and any 4 19 applicable continuing education requirements established 4 20 or approved by the Iowa law enforcement academy shall not 4 21 be liable for any injury or loss arising from the officer's 4 22 operation of an authorized emergency vehicle in response to an 4 23 emergency call or incident or to an incident dangerous to the 4 24 public unless the officer operates the vehicle with willful and 4 25 wanton disregard for the safety of persons or property. 4 26 4. Subsections 1 through 3 shall only apply when, 4 27 in response to an emergency call or incident or to an 4 28 incident dangerous to the public, the authorized emergency 4 29 vehicle is making use of a siren meeting the requirements 4 30 of section 321.433 or flashing blue and red lights meeting 4 31 the requirements of section 321.423. The protections from 4 32 liability provided by subsections 1 through 3 shall apply in 4 33 addition to any other defenses to liability provided by law. 4 34 Sec. 8. Section 321.393, subsection 4, Code 2018, is amended 4 35 to read as follows: 5 1 4. The provisions of this section shall not prohibit the 5 2 use of a lighting device or reflector displaying an amber light 5 3 when such lighting device or reflector is mounted on a motor 5 4 truck, trailer, tractor, or motor grader owned by the state, 5 5 or any political subdivision of the state, or any municipality 5 6 therein, while such equipment is being used for snow removal, 5 7 sanding, maintenance, or repair of the public streets or 5 8 highways, or when such lighting device is permitted or required 5 9 under section 321.423 or any other provision of law. 5 10 Sec. 9. Section 321.423, subsection 2, paragraphs f and h, 5 11 Code 2018, are amended to read as follows: 5 12 f. A flashing white light, including a flashing headlamp, is 5 13 permitted on a vehicle pursuant to subsection 7. 5 14 h. A flashing amber warning light is permitted on a towing 5 15 or recovery vehicle, a utility maintenance vehicle, a municipal 5 16 maintenance vehicle, a highway maintenance vehicle, a solid 5 17 waste or recycling collection service vehicle, a snow plow, or 5 18 a vehicle operated in accordance with subsection 6 or section 5 19 321.398 or 321.453. 5 20 Sec. 10. Section 321.423, subsection 3, paragraph a, 5 21 subparagraph (3), Code 2018, is amended to read as follows: 5 22 (3) An authorized emergency vehicle, other than a vehicle 5 23 described in paragraph "a", subparagraph (1) or (2), if the blue 5 24 light is positioned on the passenger side of the vehicle and is 5 25 used in conjunction with a red light positioned on the driver 5 26 side of the vehicle. 5 27 Sec. 11. Section 321.423, subsection 6, Code 2018, is 5 28 amended to read as follows: 5 29 6. Amber flashing light. 5 30 a. A farm tractor, farm tractor with towed equipment, 5 31 self=propelled implement of husbandry, road construction or 5 32 maintenance vehicle, road grader, or other vehicle principally 5 33 designed for use off the highway which, when operated on 5 34 a primary or secondary road, is operated at a speed of 5 35 thirty=five miles an hour or less, shall be equipped with and 6 1 display an amber flashing light visible from the rear at any 6 2 time from sunset to sunrise. If the amber flashing light is 6 3 obstructed by the towed equipment, the towed equipment shall 6 4 also be equipped with and display an amber flashing light as 6 5 required under this subsection. 6 6 b. (1) A vehicle owned by a municipality, as defined in 6 7 section 670.1, or a company in the business of snow and ice 6 8 treatment or removal, that is used for snow and ice treatment 6 9 or removal shall be equipped with one or more amber warning 6 10 lights. This paragraph "b" shall not be construed to require a 6 11 lawn mower, snow blower, or all=terrain vehicle to be equipped 6 12 with one or more amber warning lights. 6 13 (2) When a vehicle subject to subparagraph (1) is used to 6 14 plow snow or remove snow or ice accumulation, the operator of 6 15 the vehicle shall activate and display the vehicle's amber 6 16 warning lights to alert pedestrians and other motorists. 6 17 (3) The department shall adopt rules establishing minimum 6 18 optical warning light equipment standards for privately owned 6 19 vehicles used for snow and ice treatment or removal. The 6 20 department may offer safety inspections for such vehicles at a 6 21 reasonable fee established by the department by rule. 6 22 c. All vehicles specified in this subsection which are 6 23 manufactured for sale or sold in this state shall be equipped 6 24 with an amber flashing light in accordance with the standards 6 25 of the American society of agricultural engineers. 6 26 Sec. 12. NEW SECTION. 321.424 Authorized emergency vehicle 6 27 lights. 6 28 Notwithstanding any provision of law to the contrary: 6 29 1. An authorized emergency vehicle may be equipped with 6 30 a combination of interior or exterior emergency lights and 6 31 warning lights, flashing headlamps, and flashing tail lamps. 6 32 2. An official law enforcement, fire department, or 6 33 emergency medical services vehicle owned by the state or a 6 34 municipality, as defined in section 670.1, that was purchased, 6 35 delivered, or refurbished on or after July 1, 2018, shall be 7 1 equipped with flashing headlamps unless the vehicle lacks the 7 2 capability to be equipped with flashing headlamps. The lack 7 3 of such a capability shall be documented by the seller of 7 4 the vehicle and such documentation shall be provided to the 7 5 purchaser of the vehicle at the time of sale. 7 6 3. An authorized emergency vehicle owned by the state, 7 7 a municipality, as defined in section 670.1, or a private 7 8 emergency medical services company delivering services to the 7 9 state, a municipality, or a hospital pursuant to a written 7 10 contract, or a privately owned vehicle designated as an 7 11 authorized emergency vehicle pursuant to section 321.451, shall 7 12 be equipped with a combination of operational red and blue 7 13 emergency lights. Authorized emergency vehicles in service on 7 14 or before the effective date of this Act shall be equipped to 7 15 comply with this subsection on or before July 1, 2021. 7 16 4. An authorized emergency vehicle equipped with an 7 17 interior or exterior light bar shall position front and rear 7 18 facing red lights on the driver's side of the vehicle and front 7 19 and rear facing blue lights on the passenger's side of the 7 20 vehicle. 7 21 5. An authorized emergency vehicle equipped with an 7 22 interior or exterior light bar with red and blue flashing 7 23 emergency lights may be equipped with flashing or solid white 7 24 lights scattered among or between any lens that displays a red 7 25 or blue flashing light. 7 26 6. An authorized emergency vehicle may be equipped with one 7 27 or more lights capable of emitting a split red and blue steady 7 28 or flashing light, which may be mounted on or in the vehicle. 7 29 7. An authorized emergency vehicle may be equipped with 7 30 emergency lights on the side of the vehicle capable of emitting 7 31 red and blue light, red and white light, or blue and white 7 32 light. 7 33 8. An authorized emergency vehicle may be equipped with 7 34 emergency lights or warning lights with a clear or colored 7 35 lens. 8 1 9. An official law enforcement, fire, rescue, or emergency 8 2 medical services vehicle may be equipped with lights or light 8 3 bars containing one or more rear zone amber warning lights or 8 4 amber directional arrows, which shall be in addition to any 8 5 other required lighting equipment. An authorized emergency 8 6 vehicle shall not be equipped with an amber warning light 8 7 positioned on the front or side of the vehicle. However, 8 8 an aerial fire apparatus may be equipped with amber flashing 8 9 lights on the outriggers of the apparatus. 8 10 10. An authorized emergency vehicle may be equipped with 8 11 one or more steady, oscillating, or flashing white lights, 8 12 flashing headlamps, or flashing reverse lamps, which shall be 8 13 in addition to any other required lighting equipment. A light 8 14 bar shall not be equipped or used to display flashing white 8 15 lights visible from the rear of the vehicle. This subsection 8 16 shall not be construed to prohibit an authorized emergency 8 17 vehicle owned by the state or a municipality, as defined in 8 18 section 670.1, from being equipped with or using a spotlight or 8 19 exterior light bar capable of displaying a steady white light 8 20 for use as a work light, alley light, search light, or takedown 8 21 light. 8 22 11. An authorized emergency vehicle owned by a state or a 8 23 municipality, as defined in section 670.1, that is primarily 8 24 used as an incident command vehicle may be equipped with one 8 25 or more steady or flashing green lights, which shall be in 8 26 addition to any other required lighting equipment. A steady 8 27 or flashing green light equipped pursuant to this subsection 8 28 shall not be activated unless the vehicle is being used as 8 29 a stationary incident command post at the location of an 8 30 emergency incident, an official training exercise, or for 8 31 maintenance or demonstration purposes. 8 32 Sec. 13. Section 321.433, Code 2018, is amended to read as 8 33 follows: 8 34 321.433 Sirens, whistles, air horns, and bells prohibited. 8 35 1. A vehicle shall not be equipped with and a person shall 9 1 not use upon a vehicle any siren, whistle, or bell, except as 9 2 otherwise permitted in this section or any other provision of 9 3 law. 9 4 2. It is permissible but not required that any commercial 9 5 vehicle be equipped with a theft alarm signal device which is 9 6 so arranged that it cannot be used by the driver as an ordinary 9 7 warning signal. 9 8 3. Any authorized emergency vehicle may be equipped with 9 9 a siren, whistle, air horn, or bell capable of emitting sound 9 10 audible under normal conditions from a distance of not less 9 11 than five hundred feet, but the. 9 12 4. An authorized emergency medical services program, fire 9 13 department, or law enforcement agency may equip one or more 9 14 vehicles with an air horn. 9 15 5. An official fire department vehicle, emergency medical 9 16 services program vehicle, or law enforcement vehicle owned 9 17 by the state, a municipality, as defined in section 670.1, 9 18 or a corporation providing emergency medical services to 9 19 a municipality pursuant to a written contract, that was 9 20 purchased, delivered, or refurbished on or after July 1, 9 21 2018, excluding an all=terrain vehicle or a special service 9 22 vehicle, shall be equipped with a two=hundred=watt electric 9 23 or electronic siren capable of emitting at least two distinct 9 24 siren tones, and one or more compatible siren speakers. 9 25 6. An authorized emergency vehicle's siren, whistle, or 9 26 bell shall not be used except when the vehicle is operated in 9 27 response to an emergency call or incident, in response to an 9 28 incident dangerous to the public, in a parade or designated 9 29 public service event, for a demonstration, for maintenance, or 9 30 in the immediate pursuit of an actual or suspected violator of 9 31 the law, and the driver of the vehicle shall sound the siren, 9 32 whistle, or bell when reasonably necessary to warn pedestrians 9 33 and other drivers of the approach of the vehicle. 9 34 7. For the purposes of this section: 9 35 a. "Electric siren" means an audible warning device that 10 1 produces sound using an electric motor with an attached 10 2 rotating slotted or perforated disc. 10 3 b. "Electronic siren" means an audible warning device 10 4 that produces sound electronically using amplifiers and 10 5 electromagnetic speakers. 10 6 Sec. 14. Section 321.451, subsection 1, Code 2018, is 10 7 amended by adding the following new paragraphs: 10 8 NEW PARAGRAPH. g. A vehicle owned by a chief or certified 10 9 officer of a volunteer fire department, a fire department 10 10 comprised of a combination of volunteer and paid members, or 10 11 a nonprofit corporation that delivers emergency services on 10 12 behalf of a municipality, as defined in section 670.1, pursuant 10 13 to a written contract, if the application for a certificate of 10 14 designation is requested by the chief of the fire department. 10 15 However, the department shall not approve an application 10 16 received pursuant to this paragraph "g" unless the owner of the 10 17 vehicle has completed an emergency vehicle operations course 10 18 approved by the fire service training bureau, as described in 10 19 section 100B.6. 10 20 NEW PARAGRAPH. h. A vehicle owned by a chief, officer, or 10 21 medical director of an authorized emergency medical service 10 22 provider, if the application for a certificate of designation 10 23 is requested by the chief of the authorized emergency medical 10 24 service provider. However, the department shall not approve 10 25 an application received pursuant to this paragraph "h" unless 10 26 the owner of the vehicle has completed an emergency vehicle 10 27 operations course approved by the department of public health. 10 28 NEW PARAGRAPH. i. A vehicle owned by a state or county 10 29 emergency management coordinator if the application for a 10 30 certificate of designation is requested by the emergency 10 31 management coordinator. However, the department shall not 10 32 approve an application received pursuant to this paragraph "i" 10 33 unless the owner of the vehicle has completed an emergency 10 34 vehicle operations course approved by the fire service training 10 35 bureau, as described in section 100B.6, or the department of 11 1 public health. 11 2 Sec. 15. Section 321.451, subsection 3, Code 2018, is 11 3 amended to read as follows: 11 4 3. The certificate of designation shall be valid for 11 5 a period of three years and shall at all times be carried 11 6 with the registration receipt for the vehicle to which 11 7 the certificate refers. The certificate may be revoked or 11 8 temporarily suspended by the director upon a showing of abuse, 11 9 recklessness, or that the vehicle has unsafe equipment. 11 10 Sec. 16. Section 321.451, Code 2018, is amended by adding 11 11 the following new subsections: 11 12 NEW SUBSECTION. 4. The department shall create and maintain 11 13 a database of vehicles designated as an authorized emergency 11 14 vehicle pursuant to this section. 11 15 NEW SUBSECTION. 5. The operator of a vehicle designated 11 16 as an authorized emergency vehicle pursuant to this section, 11 17 except a vehicle designated under subsection 1, paragraph "f", 11 18 may request reimbursement from the operator's employer or 11 19 organization for which the operator volunteers for reasonable 11 20 costs or expenses incurred by the operator during the operation 11 21 of the vehicle as an authorized emergency vehicle on official 11 22 business, including fuel and mileage reimbursement, and the 11 23 operator shall be reimbursed upon a determination that the 11 24 operator's request was proper. 11 25 NEW SUBSECTION. 6. A public or private employer shall 11 26 not require an employee or volunteer to apply for or maintain 11 27 a certificate of designation pursuant to this section as a 11 28 condition of employment or of permitting the person to continue 11 29 to volunteer. A person shall not be required to operate or 11 30 use a vehicle designated as an authorized emergency vehicle 11 31 pursuant to this section. 11 32 NEW SUBSECTION. 7. This section shall not be construed 11 33 to exempt the state or a municipality, as defined in section 11 34 670.1, from any duty to purchase, equip, maintain, or otherwise 11 35 provide authorized emergency vehicles to meet any requirement 12 1 to provide public services. 12 2 EXPLANATION 12 3 The inclusion of this explanation does not constitute agreement with 12 4 the explanation's substance by the members of the general assembly. 12 5 This bill permits the driver of an authorized emergency 12 6 vehicle, when responding to an emergency call or incident, 12 7 when in the pursuit of an actual or suspected perpetrator of a 12 8 felony or misdemeanor, in response to an incident dangerous to 12 9 the public, or when responding to but not upon returning from a 12 10 fire alarm, to operate the vehicle on the shoulder or median of 12 11 a highway, to disregard laws or regulations governing turning 12 12 the vehicle in specified directions, and to disregard laws or 12 13 regulations governing overtaking or passing other motorists. 12 14 The bill also permits official fire department vehicles, police 12 15 vehicles, rescue vehicles, ambulances, emergency medical 12 16 services vehicles, and peace officers riding a police bicycle 12 17 to proceed past a red or stop signal or stop sign, but only 12 18 after slowing down as may be reasonable for safe operation, and 12 19 to exceed the maximum speed limits so long as the driver does 12 20 not unreasonably endanger life or property. 12 21 Under current law, authorized emergency vehicles are 12 22 permitted to operate in this manner only when such vehicles are 12 23 making use of an audible or visual signaling device, except a 12 24 vehicle operated by a peace officer is not required to use an 12 25 audible or visual signaling device if the officer is pursuing 12 26 a suspected violator of the speed limit. The bill provides 12 27 that a peace officer is also not required to use an audible or 12 28 visual signaling device if the officer has probable cause to 12 29 believe that a suspected violator's knowledge of the officer's 12 30 proximity will cause the suspected violator to destroy evidence 12 31 of a suspected felony or to evade apprehension. However, the 12 32 bill permits such action only if the action does not endanger 12 33 the life of the officer or the vehicle. 12 34 The bill also provides that the driver of an authorized 12 35 emergency vehicle transporting a patient to a hospital is 13 1 not required to use an audible warning device or visual 13 2 signaling device if a certified emergency medical care provider 13 3 reasonably believes the patient's condition warrants limited 13 4 use of the vehicle's audible or visual signaling device, 13 5 provided the driver activates the vehicle's audible or visual 13 6 device when necessary to warn motorists or pedestrians of the 13 7 vehicle's approach, or when approaching an intersection. 13 8 The bill further provides that a peace officer operating an 13 9 authorized emergency vehicle may execute a lawful intervention 13 10 technique if such execution is reasonable under the 13 11 circumstances and the officer has completed a training course 13 12 approved by the Iowa law enforcement academy that instructs 13 13 participants in the proper execution of lawful intervention 13 14 techniques. 13 15 By operation of law, a violation of these provisions of the 13 16 bill is punishable by a scheduled fine of $100. 13 17 The bill permits the driver of an authorized emergency 13 18 vehicle to operate the vehicle as part of an official 13 19 governmental event for the purposes of the safety and security 13 20 of an elected official, candidate for public office, or the 13 21 public, or as part of a parade or other public service event if 13 22 the parade or event is approved by the state or a municipality 13 23 and notice of the parade or event is publicly disseminated by 13 24 the state or municipality at least five days prior to the date 13 25 on which the parade or event will occur. In addition, the bill 13 26 permits an authorized emergency vehicle to operate in a parade 13 27 or event while displaying emergency lights or warning lights. 13 28 The bill provides that a certified fire fighter, emergency 13 29 medical care provider, peace officer, or reserve peace officer 13 30 shall not be liable for any injury or loss arising from the 13 31 operation of an authorized emergency vehicle in response to 13 32 an emergency call or incident or to an incident dangerous to 13 33 the public unless the vehicle is operated with willful and 13 34 wanton disregard for the safety of persons or property. This 13 35 provision of the bill only applies when, in response to an 14 1 emergency call or incident or to an incident dangerous to the 14 2 public, the authorized emergency vehicle is making use of a 14 3 siren or flashing blue and red lights. 14 4 The bill requires snow plows to be equipped with and to 14 5 use flashing amber warning lights. By operation of law, a 14 6 violation of this provision is punishable by a scheduled fine 14 7 of $30. 14 8 The bill permits an authorized emergency vehicle to be 14 9 equipped with a combination of interior or exterior emergency 14 10 lights and warning lights, flashing headlamps, and flashing 14 11 tail lamps. The bill requires an official law enforcement, 14 12 fire department, or emergency medical services vehicle owned 14 13 by the state or a municipality that was purchased, delivered, 14 14 or refurbished on or after July 1, 2018, to be equipped with 14 15 flashing headlamps unless the vehicle lacks the capability to 14 16 be equipped with flashing headlamps. 14 17 The bill requires an authorized emergency vehicle owned 14 18 by the state, a municipality, or a private emergency medical 14 19 services company, or a privately owned vehicle, to be equipped 14 20 with a combination of operational red and blue emergency 14 21 lights. Authorized emergency vehicles in service on or before 14 22 the effective date of the bill are required to comply with this 14 23 provision on or before July 1, 2021. The bill also requires 14 24 an authorized emergency vehicle equipped with an interior or 14 25 exterior light bar to position front and rear facing red lights 14 26 on the driver's side of the vehicle and front and rear facing 14 27 blue lights on the passenger's side of the vehicle. 14 28 The bill provides that an authorized emergency vehicle 14 29 equipped with an interior or exterior light bar with red and 14 30 blue flashing emergency lights may be equipped with flashing 14 31 or solid white lights scattered among or between any lens that 14 32 displays a red or blue flashing light. An authorized emergency 14 33 vehicle may also be equipped with one or more lights capable of 14 34 emitting a split red and blue steady or flashing light, which 14 35 may be mounted on or in the vehicle, and with emergency lights 15 1 on the side of the vehicle capable of emitting red and blue 15 2 light, red and white light, or blue and white light. 15 3 The bill further provides that an official law enforcement, 15 4 fire, rescue, or emergency medical services vehicle may be 15 5 equipped with lights or light bars containing one or more rear 15 6 zone amber warning lights or amber directional arrows, and 15 7 prohibits an authorized emergency vehicle from being equipped 15 8 with an amber warning light positioned on the front or side of 15 9 the vehicle. However, an aerial fire apparatus may be equipped 15 10 with amber flashing lights on the outriggers of the apparatus. 15 11 The bill permits an authorized emergency vehicle to be 15 12 equipped with one or more steady, oscillating, or flashing 15 13 white lights, flashing headlamps, or flashing reverse lamps, 15 14 and prohibits a light bar from being equipped or used to 15 15 display flashing white lights visible from the rear of the 15 16 vehicle. However, white lights used as a work light, alley 15 17 light, search light, or takedown light are permitted. 15 18 The bill further permits an authorized emergency vehicle 15 19 primarily used as an incident command vehicle to be equipped 15 20 with one or more steady or flashing green lights. 15 21 The bill also permits an authorized emergency medical 15 22 services program, fire department, or law enforcement agency 15 23 to equip one or more vehicles with an air horn. The bill 15 24 requires such vehicles purchased, delivered, or refurbished on 15 25 or after July 1, 2018, to be equipped with a 200=watt electric 15 26 or electronic siren capable of emitting at least two distinct 15 27 siren tones, and one or more compatible siren speakers. 15 28 The bill provides that an authorized emergency vehicle's 15 29 siren, whistle, or bell shall not be used except when 15 30 the vehicle is operated in response to an emergency call 15 31 or incident, in response to an incident dangerous to the 15 32 public, in a parade or designated public service event, for a 15 33 demonstration, for maintenance, or in the immediate pursuit of 15 34 an actual or suspected violator of the law. The bill requires 15 35 the driver of the vehicle to sound the siren, whistle, or bell 16 1 when reasonably necessary to warn pedestrians and other drivers 16 2 of the approach of the vehicle. 16 3 By operation of law, a violation of any provision of Code 16 4 chapter 321 for which a penalty is not provided is a simple 16 5 misdemeanor, punishable by a fine of at least $65 but not to 16 6 exceed $625 and imprisonment not to exceed 30 days. 16 7 The bill includes in the list of vehicles permitted to be 16 8 designated as authorized emergency vehicles those vehicles 16 9 owned by a chief or certified officer of a volunteer fire 16 10 department, a fire department comprised of a combination 16 11 of volunteer and paid members, or a nonprofit corporation 16 12 that delivers emergency services; vehicles owned by a chief, 16 13 officer, or medical director of an authorized emergency medical 16 14 service provider; and vehicles owned by a state or county 16 15 emergency management coordinator. 16 16 The bill provides that a certificate of designation as 16 17 an authorized emergency vehicle shall be valid for a period 16 18 of three years, and permits the department of transportation 16 19 (DOT) to revoke or temporarily suspend the designation due to 16 20 abuse, recklessness, or the fact that the vehicle has unsafe 16 21 equipment. The bill requires the DOT to create and maintain 16 22 a database of vehicles designated as authorized emergency 16 23 vehicles. 16 24 The bill permits the operator of an authorized emergency 16 25 vehicle, except a towing and recovery vehicle, to request 16 26 reimbursement from the operator's employer or organization for 16 27 which the operator volunteers for reasonable costs or expenses 16 28 incurred during the operation of the vehicle as an authorized 16 29 emergency vehicle on official business, including fuel and 16 30 mileage reimbursement. The bill prohibits a public or private 16 31 employer from requiring an employee or volunteer to apply for 16 32 or maintain a certificate of designation for an authorized 16 33 emergency vehicle, and from requiring a person to operate or 16 34 use an authorized emergency vehicle. LSB 5727SS (4) 87 ns/rh
