Operation of Emergency Vehicle

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FOX CITY POLICE DEPARTMENT
POLICY AND PROCEDURES

Effective Date
01-01-2008
Policy Number
Policy 8-5
Reevaluation Date
2011
No. of Pages
4
Subject
OPERATION OF EMERGENCY VEHICLES
Special Instructions:
Replaces current policy Section V, Chapter I, dated 09-07-06

  1. PURPOSE

    The purpose of this document is to establish a policy for use of emergency vehicles by the members of the Fox City Police Department. The use of police vehicles for regular duty, emergency response, silent response, and emergency escorts will be addressed in this policy.

  2. POLICY

    It is the policy of the Fox City Police Department, that emergency vehicles are operated in the safest manner possible at all times, weighing the gravity of the incident verses public safety.

  3. DEFINITIONS
  4. Due Regard:
    The degree of care that a reasonably careful person would show when performing similar duties, and acting under similar circumstances.

    Emergency Driving:
    The operation of a police vehicle to pursue an actual or suspected violator of the law or for a life-threatening or other serious incident or crime.

    Emergency Escort:
    The driving of a police vehicle with emergency lights and siren operating for the purpose of clearing the way for a following vehicle.

    Marked Emergency Vehicles:
    Department vehicles equipped with flashing, oscillating or rotating red or red and blue lights visible for 360 degrees, an audible siren, and displays law enforcement markings, or City of Fox City Police placards. Authorized emergency equipment does not include flashing yellow lights or 4-way hazard lights on police vehicles though these lights may be used in conjunction with emergency lighting.

    Non Emergency:
    The operation of a squad car in a non-emergency mode. Patrol driving or responding to calls for service with no immediate need for emergency response. For example, ordinance violations.

    Silent Emergency:
    An emergency in which police do not use a siren and/or other audible signal in response to a crime.

    Specialty Vehicles:
    Motorcycles, Paddy Wagons, Pick-up Trucks, Sport Utility Trucks, SWAT vehicles, investigative vehicles, Community Service Intern vehicles, or any other non-patrol operation vehicle.

    True Emergency:
    A situation in which there is a high probability of death or serious injury to an individual, or significant property loss, and action by an emergency vehicle operator may reduce the seriousness of the situation.

    Unmarked Police Vehicle:
    An authorized emergency vehicle that does not have emergency lights visible for 360 degrees or displays law enforcement markings or City of Fox City Police placards.

  5. PROCEDURES

    1. General Authority Under State Statute

      1. Wisconsin Statute 346.03-Applicability of Rules of the Road to Authorized Emergency Vehicles. The operator of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm may:
        1. Stop, stand or park his/her vehicle contrary to the law when the operator of such vehicle is signaling visually by means of at least one flashing, oscillating or rotating emergency light.
        2. Proceed past a red light, stop signal or stop sign, but only after slowing down as may be necessary for the safe operation; exceed the speed limit; disregard regulations governing direction of movement or turning in specified directions. The operator of such vehicle must be utilizing both emergency lights and siren.
        3. For obtaining evidence of a speed violation, an officer may exceed the speed limit without giving audible and visual signals.
        4. The exemptions granted the operator of an authorized emergency vehicle by this section do not relieve the operator from driving with due regard under the circumstances for the safety of all persons. They do not protect the operator from the consequences of reckless disregard for the safety of others.


      3. When responding to calls of an emergency nature, a law enforcement officer operating an authorized emergency police vehicle will use emergency lights and siren.

      4. When responding to calls of an emergency nature, a law enforcement officer operating an authorized emergency police vehicle may exceed the speed limit without the use of emergency lights and siren (silent run) if one or more of the follow conditions apply:
        1. Officer is obtaining evidence of a speed violation.
        2. Officer is responding to a call, which he/she reasonably believes involves a felony in progress, and believes that knowledge of his/her presence could cause any of the following to occur:
          1. Endanger the safety of a victim or other person.
          2. Suspect may evade apprehension.
          3. Suspect may destroy evidence of the suspected felony, or loss of evidence of a suspected felony may otherwise result.
          4. Suspect may cease committing a suspected felony before the officer obtains sufficient evidence to establish grounds for arrest.


    3. Emergency Response

      1. Response utilizing emergency lights and sirens requires a true emergency. An officer must be able to articulate their reason for believing there is a high probability of death or serious injury to an individual, or significant property loss, and action by an emergency vehicle operator may reduce the seriousness of the situation. The following elements may indicate a high probability of death or serious injury:
        1. Serious public hazard.
        2. Crime of violence in progress.
        3. Prevention of a crime of violence.
        4. Officer needs assistance and immediate aid.


      3. Officers will not respond utilizing emergency lights and siren to a traffic crash unless there is information that serious injuries have occurred, a person is trapped, the vehicle is on fire, or a serious public hazard exists.


    5. Responsibilities While Operating an Emergency Vehicle

      1. Specialty and unmarked vehicles are subject to the same restrictions as marked vehicles with the additional requirement that they display flashing or rotating emergency lights when disregarding traffic regulations.

      2. In many situations, several emergency vehicles may be responding to the scene simultaneously. An officer will be especially alert in these situations to ensure his/her own safe arrival at the scene.

      3. Intersections present a special hazard to emergency vehicles. Officers should always decelerate when approaching an intersection and drive with due regard under the circumstances for the safety of all persons.


    7. Vehicle Escorts

      1. Emergency and Non-Emergency escorts are discouraged because they can put the officer and the motoring public at risk. They will not be utilized unless prior authorization is obtained from a supervisor.

      2. The use of a police vehicle as an emergency escort will be discouraged for the following reasons:
        1. The driver of the escorted vehicle may be emotionally upset or physically incapable of driving under emergency conditions.
        2. The escorted vehicle would not be equipped as an emergency vehicle with siren and emergency lights.
        3. The tendency of other drivers to pull out immediately after an emergency vehicle passes.
        4. The escorted vehicle does not legally become an emergency vehicle and it cannot be exempted from traffic laws or civil liability if an accident occurs.


      4. Before using a police vehicle as an emergency escort, the officer will consider the following alternatives:
        1. Call a rescue squad for transportation and the availability of first aid.
        2. When the response time for rescue squad would endanger life, the officer may transport the individual in the police vehicle. (Use of the squad car for such purposes is discouraged. Normally, use of the rescue squad is more appropriate.)


      6. If an officer believes an emergency escort is still necessary, the officer will:
        1. Inform the dispatcher of the nature of the escort, present location, destination and route to be taken.
        2. Give the driver of the escorted vehicle directions to follow at a close but safe distance. Remember the driver following the police vehicle is not an experienced emergency driver. Be alert that the vehicle is neither following too closely nor trailing behind too far.


      8. Requests for routine, non-emergency escorts of dignitaries, celebrities, oversized vehicles, parades, special events or hazardous or unusual cargo shall be directed to the Operations Commander or his/her designee.

      9. Officers will adhere to all due regard elements when conducting emergency/non-emergency escorts.



This policy is for internal use only and does not enlarge an officer’s civil or criminal liability in any way. It should not be construed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violations of this policy, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.