Motor Vehicles; Use of Special Warning Equipment; Rules of the Road

Subject:

Motor Vehicles; Use of Special Warning Equipment; Rules of the Road.

Requested By:

J. Randolph Riley District Attorney Tenth Prosecutorial District

Questions:

1. What is an emergency vehicle?

2. Are the personal vehicles of fire department and rescue squad members emergency vehicles as defined in the statute?

3. Does the speed limit exception in G.S. 20-145 apply to all members of a fire department or rescue squad operating their personal vehicles in response to a call?

4. May the designation of chief or assistant chief as mentioned in the statute be bestowed upon all members of a fire department or rescue squad in order to permit the use of special lights and warning equipment provided in G.S. 20-125 and G.S. 20-130.1?

Conclusions:

1. There is no statutory definition of the term "emergency vehicle." Therefore, determination as to whether a vehicle is an emergency vehicle rests with the facts on a case-to-case basis.

2. No.

3. No.

As to Conclusion No. 1, as stated, there is no statutory definition of an "emergency vehicle," and I find no usable definition in the case law. Whether a vehicle is an emergency vehicle must be determined on the facts of the case based on the use of the vehicle, the purpose for which it is being used, and the equipment being used while the vehicle is being operated upon the highways.

G.S. 20-125 and G.S. 20-130.1 enumerate the special warning and lighting equipment that may be used on emergency vehicles. G.S. 20-145 provides that the speed limit shall not apply to vehicles used for law enforcement or emergency purposes. G.S. 20-145 reads as follows:

"§ 20-145. When speed limit not applicable. — The speed limitations set forth in this Article shall not apply to vehicles when operated with due regard for safety under the direction of the police in the chase or apprehension of violators of the law or of persons charged with or suspected of any such violation, nor to fire department or fire patrol vehicles when traveling in response to a fire alarm, not to public or private ambulances and rescue squad emergency service vehicles when traveling in emergencies, nor to vehicles operated by county fire marshals and civil preparedness coordinators when traveling in the performances of their duties, nor to vehicles operated by the duly authorized officers, agents and employees of the North Carolina Utilities Commission when traveling in performance of their duties in regulating and checking the traffic and speed of buses, trucks, motor vehicles and motor vehicles carriers subject to the regulations and jurisdiction of the North Carolina Utilities Commission. This exemption shall not, however, protect the driver of any such vehicles from the consequence of a reckless disregard of the safety of others." (Emphasis added).

G.S.

20-156(b) provides an exception to the right-of-way rule to police and fire department vehicles and public and private ambulances and other vehicles enumerated in G.S. 20-125 and

G.S.

20-130.1. G.S. 20-156(b) reads as follows:

"20-156. Exceptions to the right-of-way rule. . . .

(b) The driver of a vehicle upon the highway shall yield the right-of-way to police and fire department vehicles and public and private ambulances, vehicles designed, equipped and used exclusively for the transportation of human tissues and organs for transplantation and to rescue squad emergency service vehicles and vehicles operated by county fire marshals and civil preparedness coordinators when the operators of said vehicles are giving a warning signal by appropriate light and by bell, siren or exhaust whistle audible under normal conditions from a distance not less than 1,000 feet. This provision shall not operate to relieve the driver of a police or fire department vehicle or public or private ambulance or vehicles designed, equipped and used exclusively for the transportation of human tissues and organs for transplantation or rescue squad emergency service vehicle or county fire marshals or civil preparedness coordinators 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 or county fire marshals or civil preparedness coordinators 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 or county fire marshal or civil preparedness coordinator from the consequence of any arbitrary exercise of such right-of-way." (Emphasis added).

It would appear that for a vehicle to be designated an emergency vehicle, it must meet a threefold test; i.e., be operated for a purpose designated in the statute as an emergency purpose, be operated by an agency or person authorized to respond to such emergency, and be properly equipped if the vehicle is not operated in compliance with the rules of the road.

As to Conclusion Nos. 2 and 3, the following is submitted:

G.S. 20-125 provides for the use of special warning devices (bells, sirens, horns and exhaust whistles) on vehicles operated by:

1. Police Departments

2. State Highway Patrol

3. Wildlife Resources Commission

4. Municipal or rural fire patrol

5. Vehicles designed, equipped and used exclusively for transportation of human tissue and organs for transplantation.

6. Ambulances used for answering emergency calls.

7. Chief and assistant chiefs of any police or fire department, whether municipal or rural, paid or voluntary

8. County fire marshals and civil preparedness coordinators on privately owned vehicles while actually engaged in the performance of their official or semi-official duties within or without their respective corporate limits.

9. Inspectors in the employ of the North Carolina Utilities Commission.

10. Vehicles owned and operated by the State Bureau of Investigation

11. Sheriffs, salaried deputy sheriffs or salaried rural policemen, whether owned by the county or not. (Use restricted to law enforcement purposes only).

12. Chief and assistant chiefs of each emergency rescue squad which is recognized or sponsored by any municipality or civil preparedness agency (privately owned vehicles) while actually engaged in their official or semi-official duties.

G.S. 20-130.1, in relevant part, reads:

"§ 20-130.1. Use of red or blue lights on vehicles prohibited; exceptions. — (a) It is unlawful for any person to install or activate or operate a red light in or on any vehicle in this State. As used in this subsection, unless the context requires otherwise, "red light" means an operable red light not sealed in the manufacturer’s original package which: (i) Is designed for use by an emergency vehicle or is similar in appearance to a red light designed for use by an emergency vehicle; and

(ii)

can be operated by use of the vehicle’s battery, vehicle’s electrical system, or a dry cell battery.

(b)

The provisions of subsection (a) of this section do not apply to the following: . . .

(8)

A vehicle operated by any member of a municipal or rural fire department in the performance of his duties, regardless of whether members of that fire department are paid or voluntary;

(9)

A vehicle of a voluntary lifesaving organization (including the private vehicles of the

members of such an organization) that has been officially approved by the local police authorities and which is manned or operated by members of that organization while answering an official call; . . ."

Private vehicles of members of fire departments and rescue squads are included in G.S. 20-130.1 (use of red lights), however, are not included in G.S. 20-125 (special warning devices, sirens, etc.), G.S. 20-145 (when speed limit not applicable), G.S. 20-156 (exception to the right-of-way rule), nor G.S. 20-157 (approach of police, fire department, etc.) and, therefore, are permitted to use red lights but are not exempted from the speed limit nor the right-of-way rules as appear in Chapter 20.

Private vehicles equipped with red lights only and operated by members of fire departments and rescue squads are not emergency vehicles and therefore do not fall within the exceptions of G.S. 20-145 nor G.S. 20-156 or G.S. 20-157. They have no rights other than the right to display a red light while answering emergency calls.

As to Conclusion No. 4, to designate all members of a fire department or rescue squad chief or assistant chief could possibly be done through the charter or bylaws of the organization, but I would suggest that such be done for reasons other than circumventing the provisions of the statute. Further, that whoever has the power of appointment be able to show a bonafide good faith reason for such an organizational structure.

Rufus L. Edmisten Attorney General

William W. Melvin Deputy Attorney General