BILL NUMBER:S745

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to emergency
ambulance service vehicles

PURPOSE:
To include within the definition of "emergency ambulance service
vehicle", vehicles operated by supervisory officers and medical
directors so as to provide such vehicles authority to circumvent
certain rules of the road during an emergency response in the same
manner as other emergency vehicles are may currently

SUMMARY OF PROVISIONS:
This bill would amend Vehicle and Traffic Law § 115-c to include
within the definition of "emergency ambulance service vehicle",
vehicles operated by supervisory officers and medical directors.

EXISTING LAW:
Current law provides that vehicles operated by a chief or assistant
chief of a fire department are considered authorized emergency
vehicles.

JUSTIFICATION:
Vehicle and Traffic Law § 1104 provides that the driver of an
              

authorized emergency vehicle, when involved in an emergency
operation, and with due regard for the safety of others, may proceed
through a red light or a stop sign after slowing down; exceed the
speed limit, so long as the driver does not endanger life or
property; and disregard regulations governing directions of movement
or turning in specified directions. Under VTL § 101, "Authorized
emergency vehicles" include police vehicles, fire vehicles and
emergency ambulance service vehicles.

The VTL specifically provides that a vehicle ordinarily operated by a
"chief or assistant chief of a fire department" (as well as by a "a
county or deputy county fire coordinator, or county or
assistant county fire marshal, or town or assistant town fire
coordinator") may be considered a "fire vehicle" for the purposes of
being considered an authorized emergency vehicle" (VTL § 115-a). The
VTL has no parallel provision with respect to EMS operations. The VTL
definition of an emergency ambulance service vehicle relates to motor
vehicles operated for the purpose of "transporting emergency medical
personnel and equipment to sick or injured persons" (VTL § 115-c).
The motor vehicles operated by EMS chief officers and supervisors as
command or conditions cars are operated primarily for the purpose of
overseeing field operations.
Accordingly, they are not generally equipped in the same manner as
"emergency ambulance service vehicles."

Given that the VTL recognizes that the vehicles operated by fire
chiefs and their assistants should be deemed to constitute fire
vehicles, even though the vehicles are not themselves used for
firefighting operations and the chiefs and supervisory personnel that
they transport typically oversee, and do not perform, fire


operations, there is no reason why there should not be a parallel
provision for EMS chiefs and supervisory personnel.

The day-to-day supervision of EMS personnel requires the. rapid
response of EMS field supervisors to medical emergencies. Field
supervisors are required to provide oversight and guidance at a
variety of medical emergencies, including those involving cardiac
arrests, emotionally disturbed persons, hazardous materials incidents
and rescue operations. In addition, EMS chiefs and medical directors
provide high level operational and medical supervision at larger and
more complex incidents, ranging from mass casualty motor vehicle
accidents to terrorist incidents. The law should, therefore, be clear
as to their ability to get through crowded city streets.

LEGISLATIVE HISTORY:
2011-2012 Passed Senate (S.5598/A.9935)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.