ASSEMBLY, No. 1214
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen AUGUSTINE and BAGGER
An Act concerning the operation of authorized emergency vehicles and supplementing chapter 4 of Title 39 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act, "emergency operation" means the operation, or parking, of an authorized emergency vehicle, when such vehicle is engaged in transporting a sick or injured person, transporting prisoners under emergent conditions, pursing an actual or suspected violator of the law or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm or fire, actual or potential release of hazardous materials or other emergency. Emergency operation shall not include returning from such service.
2. a. The driver of an authorized emergency vehicle, when involved in an emergency operation, may:
(1) Stop, stand or park irrespective of the provisions of this Title;
(2) Proceed past a steady red signal, a flashing red signal or a stop sign, but only after slowing down as may be necessary for safe operation;
(3) Exceed the maximum speed limits so long as he does not recklessly endanger life or property;
(4) Disregard laws or ordinances governing directions of movements or turning in specified directions.
b. Except for an authorized emergency vehicle operated as a police vehicle, the exemption herein granted to an authorized emergency vehicle shall apply only when audible signals are sounded from that vehicle while in motion by bell, horn, siren, electronic device or exhaust whistle as may be reasonably necessary, and when the vehicle is equipped with at least one lighted lamp so that in any direction, under normal atmospheric conditions from a distance of 500 feet from such vehicle, at least one red light is displayed and visible.
c. Any authorized emergency vehicle operated as a police vehicle may exceed the maximum speed limits for the purpose of calibrating the vehicle speedometer.
d. The provisions of this section shall not relieve the driver of an authorized emergency vehicle from any duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
e. Notwithstanding any other law, rule or regulation to the contrary, an ambulance operated in the course of an emergency shall not be prohibited from using any highway; provided, however, that an authority or municipality having jurisdiction over any such highway may specifically prohibit travel thereon by ambulances if such authority shall deem such travel to be extremely hazardous and would endanger patients thereby transported.
3. This act shall take effect immediately.
STATEMENT
This bill grants certain privileges to the driver of an authorized emergency vehicle when that vehicle is being operated in response to an emergency. An "authorized emergency vehicle" is defined in R.S.39:1-1. Emergency operation is defined in the bill as the operation, or parking, of an authorized emergency vehicle, when such vehicle is engaged in transporting a sick or injured person, transporting prisoners under emergent conditions, pursing an actual or suspected violator of the law or responding to, or working or assisting at the scene of an accident, disaster, police call, alarm or fire, actual or potential release of hazardous materials or other emergency. Emergency operation does not include returning from such service.
Under the provisions of the bill, the driver of an authorized emergency vehicle, when involved in an emergency operation, is permitted to (1) stop, stand or park irrespective of the provisions of Title 39; (2) proceed past a steady red signal, a flashing red signal or a stop sign, but only after slowing down as may be necessary for safe operation; (3) exceed the maximum speed limits so long as he does not recklessly endanger life or property; and (4) disregard laws or ordinances governing directions of movements or turning in specified directions.
In order to exercise the privileges granted under the bill, the authorized emergency vehicle, with the exception of a police vehicle, must be sounding audible signals while in motion in the form of a bell, horn, siren, electronic device or exhaust whistle and the vehicle must be equipped with at least one red light visible from any direction at a distance of 500 feet. The exception for police vehicles recognizes that there may be occasions when the police do not want to announce their approach.
The bill does not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of others, nor does it protect the driver from the consequences of reckless disregard for the safety of others.
The bill also provides that an ambulance operated in the course of an emergency would not be prohibited from using any highway. An authority or municipality having jurisdiction over any such highway, however, may specifically prohibit its use by ambulances if it deems such travel hazardous and if it would endanger patients being transported.
Grants certain privileges to drivers of authorized emergency vehicles.