ASSEMBLY TRANSPORTATION AND COMMUNICATIONS COMMITTEE

STATEMENT TO

ASSEMBLY, No. 1214

with committee amendments

STATE OF NEW JERSEY

DATED: MARCH 25, 1996

      The Assembly Transportation and Communications Committee favorably reports Assembly Bill No. 1214 with committee amendments.

      This amended bill would grant 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, would be 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 committee amended the bill to delete subsection e. of section 2 which concerned the circumstances under which an ambulance is authorized to travel on a highway as this subsection raised issues better addressed in separate legislation.

      This bill was pre-filed for introduction in the 1996-1997 legislative session pending technical review. As reported by the committee, the bill contains the changes required by technical review, which has been performed.