Senate File 2183 - Introduced SENATE FILE 2183 BY DANIELSON A BILL FOR An Act relating to the operation of authorized emergency 1 vehicles and snow plows, and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5727SS (4) 87 ns/rh
S.F. 2183 Section 1. Section 321.1, Code 2018, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 20C. “Emergency lights” means steady, 3 oscillating, rotating, or flashing red and blue lights, but 4 does not include original or aftermarket amber, white, or red 5 directional or emergency signal, brake, or tail lamps. 6 NEW SUBSECTION . 93A. “Warning lights” means steady, 7 oscillating, rotating, or flashing amber or white lights, and 8 steady, oscillating, rotating, or flashing amber or red lights 9 on a school bus, but does not include original or aftermarket 10 amber, white, or red directional or emergency signal, brake, 11 or tail lamps. 12 Sec. 2. Section 321.231, subsection 1, Code 2018, is amended 13 to read as follows: 14 1. The driver of an authorized emergency vehicle, when 15 responding to an emergency call or incident, or when in the 16 pursuit of an actual or suspected perpetrator of a felony or 17 misdemeanor, or in response to an incident dangerous to the 18 public , or when responding to but not upon returning from a 19 fire alarm, may exercise the privileges set forth in this 20 section . 21 Sec. 3. Section 321.231, subsection 2, Code 2018, is amended 22 by adding the following new paragraphs: 23 NEW PARAGRAPH . c. Operate the vehicle on the shoulder or 24 median of a highway. 25 NEW PARAGRAPH . d. Disregard laws or regulations governing 26 turning the vehicle in specified directions. 27 NEW PARAGRAPH . e. Disregard laws or regulations governing 28 overtaking or passing other motorists. 29 Sec. 4. Section 321.231, subsections 3 and 4, Code 2018, are 30 amended to read as follows: 31 3. The driver of a an official fire department vehicle, 32 rescue vehicle, police vehicle, or ambulance, or emergency 33 medical services vehicle, or a peace officer riding a police 34 bicycle in the line of duty may do any of the following: 35 -1- LSB 5727SS (4) 87 ns/rh 1/ 16
S.F. 2183 a. Proceed past a red or stop signal or stop sign, but only 1 after slowing down as may be necessary reasonable for safe 2 operation. 3 b. Exceed the maximum speed limits so long as the driver 4 does not unreasonably endanger life or property. 5 4. a. The exemptions granted to the driver of an authorized 6 emergency vehicle under subsection 2 and for a to the driver 7 of an official fire department vehicle, rescue vehicle, police 8 vehicle, or ambulance , or emergency medical services vehicle as 9 provided in subsection 3 shall apply only when such vehicle is 10 making use of an audible signaling warning device meeting the 11 requirements of section 321.433 or a visual signaling device , 12 except that use of an audible or visual signaling device shall 13 not be required when exercising the meeting the requirements 14 of section 321.423. 15 b. The exemption granted under subsection 3 , paragraph 16 “b” of this section when the vehicle is operated by a peace 17 officer , shall be granted to a peace officer or reserve peace 18 officer operating an authorized emergency vehicle without 19 using an audible warning device or visual signaling device if 20 such action does not endanger the life of the officer or the 21 vehicle, and if the officer is pursuing a suspected violator of 22 the speed restrictions imposed by or pursuant to this chapter , 23 for the purpose of determining the speed of travel of such 24 suspected violator , or if the officer has probable cause to 25 believe that a suspected violator’s knowledge of the officer’s 26 proximity will cause the suspected violator to destroy evidence 27 of a suspected felony or to evade apprehension . 28 c. The exemption granted under subsection 3, paragraph 29 “b” , shall be granted to the driver of an authorized emergency 30 vehicle transporting a patient to a hospital without using 31 an audible warning device or visual signaling device if a 32 certified emergency medical care provider reasonably believes 33 the patient’s condition warrants limited use of the vehicle’s 34 audible warning device or visual signaling device, provided 35 -2- LSB 5727SS (4) 87 ns/rh 2/ 16
S.F. 2183 the driver activates the vehicle’s audible warning device or 1 visual signaling device when necessary to warn motorists or 2 pedestrians of the vehicle’s approach, or when approaching an 3 intersection. 4 Sec. 5. Section 321.231, Code 2018, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3A. A peace officer operating an authorized 7 emergency vehicle may execute a lawful intervention technique 8 if such execution is reasonable under the circumstances and 9 the officer has completed a training course approved by the 10 Iowa law enforcement academy that instructs participants in the 11 proper execution of lawful intervention techniques. 12 Sec. 6. NEW SECTION . 321.231A Authorized emergency vehicles 13 —— parades and events. 14 1. The driver of an authorized emergency vehicle may operate 15 the vehicle as part of an official governmental event for the 16 purposes of the safety and security of an elected official, 17 candidate for public office, or the public, or as part of a 18 parade or other public service event if the parade or event 19 is approved by the state or a municipality, as defined in 20 section 670.1, and notice of the parade or event is publicly 21 disseminated by the state or municipality in the area where the 22 parade or event will occur at least five days prior to the date 23 on which the parade or event will occur. 24 2. Notwithstanding any provision of law to the contrary, an 25 authorized emergency vehicle operating in a parade or event may 26 display emergency lights or warning lights. This subsection 27 shall not be construed to exempt the driver of the authorized 28 emergency vehicle from any duty to operate the vehicle with due 29 regard for the safety of all persons. 30 Sec. 7. NEW SECTION . 321.231B Authorized emergency vehicles 31 —— immunity from liability. 32 1. A fire fighter who is certified by the fire service 33 training bureau, as described in section 100B.6, as a fire 34 apparatus driver or operator and who has completed an emergency 35 -3- LSB 5727SS (4) 87 ns/rh 3/ 16
S.F. 2183 vehicle operations course approved by the fire service training 1 bureau shall not be liable for any injury or loss arising from 2 the fire fighter’s operation of an authorized emergency vehicle 3 in response to an emergency call or incident or to an incident 4 dangerous to the public unless the fire fighter operates the 5 vehicle with willful and wanton disregard for the safety of 6 persons or property. 7 2. An emergency medical care provider, as defined in section 8 147A.1, who has completed an emergency vehicle operations 9 course approved by the department of public health shall not 10 be liable for any injury or loss arising from the provider’s 11 operation of an authorized emergency vehicle in response to an 12 emergency call or incident or to an incident dangerous to the 13 public unless the provider operates the vehicle with willful 14 and wanton disregard for the safety of persons or property. 15 3. A peace officer, as defined in section 801.4, or a 16 reserve peace officer, as defined in section 80D.1A, who has 17 completed an emergency vehicle operations course and any 18 applicable continuing education requirements established 19 or approved by the Iowa law enforcement academy shall not 20 be liable for any injury or loss arising from the officer’s 21 operation of an authorized emergency vehicle in response to an 22 emergency call or incident or to an incident dangerous to the 23 public unless the officer operates the vehicle with willful and 24 wanton disregard for the safety of persons or property. 25 4. Subsections 1 through 3 shall only apply when, 26 in response to an emergency call or incident or to an 27 incident dangerous to the public, the authorized emergency 28 vehicle is making use of a siren meeting the requirements 29 of section 321.433 or flashing blue and red lights meeting 30 the requirements of section 321.423. The protections from 31 liability provided by subsections 1 through 3 shall apply in 32 addition to any other defenses to liability provided by law. 33 Sec. 8. Section 321.393, subsection 4, Code 2018, is amended 34 to read as follows: 35 -4- LSB 5727SS (4) 87 ns/rh 4/ 16
S.F. 2183 4. The provisions of this section shall not prohibit the 1 use of a lighting device or reflector displaying an amber light 2 when such lighting device or reflector is mounted on a motor 3 truck, trailer, tractor, or motor grader owned by the state, 4 or any political subdivision of the state, or any municipality 5 therein, while such equipment is being used for snow removal, 6 sanding, maintenance, or repair of the public streets or 7 highways , or when such lighting device is permitted or required 8 under section 321.423 or any other provision of law . 9 Sec. 9. Section 321.423, subsection 2, paragraphs f and h, 10 Code 2018, are amended to read as follows: 11 f. A flashing white light , including a flashing headlamp, is 12 permitted on a vehicle pursuant to subsection 7 . 13 h. A flashing amber warning light is permitted on a towing 14 or recovery vehicle, a utility maintenance vehicle, a municipal 15 maintenance vehicle, a highway maintenance vehicle, a solid 16 waste or recycling collection service vehicle, a snow plow, or 17 a vehicle operated in accordance with subsection 6 or section 18 321.398 or 321.453 . 19 Sec. 10. Section 321.423, subsection 3, paragraph a, 20 subparagraph (3), Code 2018, is amended to read as follows: 21 (3) An authorized emergency vehicle, other than a vehicle 22 described in paragraph “a” , subparagraph (1) or (2) , if the blue 23 light is positioned on the passenger side of the vehicle and is 24 used in conjunction with a red light positioned on the driver 25 side of the vehicle . 26 Sec. 11. Section 321.423, subsection 6, Code 2018, is 27 amended to read as follows: 28 6. Amber flashing light. 29 a. A farm tractor, farm tractor with towed equipment, 30 self-propelled implement of husbandry, road construction or 31 maintenance vehicle, road grader, or other vehicle principally 32 designed for use off the highway which, when operated on 33 a primary or secondary road, is operated at a speed of 34 thirty-five miles an hour or less, shall be equipped with and 35 -5- LSB 5727SS (4) 87 ns/rh 5/ 16
S.F. 2183 display an amber flashing light visible from the rear at any 1 time from sunset to sunrise. If the amber flashing light is 2 obstructed by the towed equipment, the towed equipment shall 3 also be equipped with and display an amber flashing light as 4 required under this subsection . 5 b. (1) A vehicle owned by a municipality, as defined in 6 section 670.1, or a company in the business of snow and ice 7 treatment or removal, that is used for snow and ice treatment 8 or removal shall be equipped with one or more amber warning 9 lights. This paragraph “b” shall not be construed to require a 10 lawn mower, snow blower, or all-terrain vehicle to be equipped 11 with one or more amber warning lights. 12 (2) When a vehicle subject to subparagraph (1) is used to 13 plow snow or remove snow or ice accumulation, the operator of 14 the vehicle shall activate and display the vehicle’s amber 15 warning lights to alert pedestrians and other motorists. 16 (3) The department shall adopt rules establishing minimum 17 optical warning light equipment standards for privately owned 18 vehicles used for snow and ice treatment or removal. The 19 department may offer safety inspections for such vehicles at a 20 reasonable fee established by the department by rule. 21 c. All vehicles specified in this subsection which are 22 manufactured for sale or sold in this state shall be equipped 23 with an amber flashing light in accordance with the standards 24 of the American society of agricultural engineers. 25 Sec. 12. NEW SECTION . 321.424 Authorized emergency vehicle 26 lights. 27 Notwithstanding any provision of law to the contrary: 28 1. An authorized emergency vehicle may be equipped with 29 a combination of interior or exterior emergency lights and 30 warning lights, flashing headlamps, and flashing tail lamps. 31 2. An official law enforcement, fire department, or 32 emergency medical services vehicle owned by the state or a 33 municipality, as defined in section 670.1, that was purchased, 34 delivered, or refurbished on or after July 1, 2018, shall be 35 -6- LSB 5727SS (4) 87 ns/rh 6/ 16
S.F. 2183 equipped with flashing headlamps unless the vehicle lacks the 1 capability to be equipped with flashing headlamps. The lack 2 of such a capability shall be documented by the seller of 3 the vehicle and such documentation shall be provided to the 4 purchaser of the vehicle at the time of sale. 5 3. An authorized emergency vehicle owned by the state, 6 a municipality, as defined in section 670.1, or a private 7 emergency medical services company delivering services to the 8 state, a municipality, or a hospital pursuant to a written 9 contract, or a privately owned vehicle designated as an 10 authorized emergency vehicle pursuant to section 321.451, shall 11 be equipped with a combination of operational red and blue 12 emergency lights. Authorized emergency vehicles in service on 13 or before the effective date of this Act shall be equipped to 14 comply with this subsection on or before July 1, 2021. 15 4. An authorized emergency vehicle equipped with an 16 interior or exterior light bar shall position front and rear 17 facing red lights on the driver’s side of the vehicle and front 18 and rear facing blue lights on the passenger’s side of the 19 vehicle. 20 5. An authorized emergency vehicle equipped with an 21 interior or exterior light bar with red and blue flashing 22 emergency lights may be equipped with flashing or solid white 23 lights scattered among or between any lens that displays a red 24 or blue flashing light. 25 6. An authorized emergency vehicle may be equipped with one 26 or more lights capable of emitting a split red and blue steady 27 or flashing light, which may be mounted on or in the vehicle. 28 7. An authorized emergency vehicle may be equipped with 29 emergency lights on the side of the vehicle capable of emitting 30 red and blue light, red and white light, or blue and white 31 light. 32 8. An authorized emergency vehicle may be equipped with 33 emergency lights or warning lights with a clear or colored 34 lens. 35 -7- LSB 5727SS (4) 87 ns/rh 7/ 16
S.F. 2183 9. An official law enforcement, fire, rescue, or emergency 1 medical services vehicle may be equipped with lights or light 2 bars containing one or more rear zone amber warning lights or 3 amber directional arrows, which shall be in addition to any 4 other required lighting equipment. An authorized emergency 5 vehicle shall not be equipped with an amber warning light 6 positioned on the front or side of the vehicle. However, 7 an aerial fire apparatus may be equipped with amber flashing 8 lights on the outriggers of the apparatus. 9 10. An authorized emergency vehicle may be equipped with 10 one or more steady, oscillating, or flashing white lights, 11 flashing headlamps, or flashing reverse lamps, which shall be 12 in addition to any other required lighting equipment. A light 13 bar shall not be equipped or used to display flashing white 14 lights visible from the rear of the vehicle. This subsection 15 shall not be construed to prohibit an authorized emergency 16 vehicle owned by the state or a municipality, as defined in 17 section 670.1, from being equipped with or using a spotlight or 18 exterior light bar capable of displaying a steady white light 19 for use as a work light, alley light, search light, or takedown 20 light. 21 11. An authorized emergency vehicle owned by a state or a 22 municipality, as defined in section 670.1, that is primarily 23 used as an incident command vehicle may be equipped with one 24 or more steady or flashing green lights, which shall be in 25 addition to any other required lighting equipment. A steady 26 or flashing green light equipped pursuant to this subsection 27 shall not be activated unless the vehicle is being used as 28 a stationary incident command post at the location of an 29 emergency incident, an official training exercise, or for 30 maintenance or demonstration purposes. 31 Sec. 13. Section 321.433, Code 2018, is amended to read as 32 follows: 33 321.433 Sirens, whistles, air horns, and bells prohibited. 34 1. A vehicle shall not be equipped with and a person shall 35 -8- LSB 5727SS (4) 87 ns/rh 8/ 16
S.F. 2183 not use upon a vehicle any siren, whistle, or bell, except as 1 otherwise permitted in this section or any other provision of 2 law . 3 2. It is permissible but not required that any commercial 4 vehicle be equipped with a theft alarm signal device which is 5 so arranged that it cannot be used by the driver as an ordinary 6 warning signal. 7 3. Any authorized emergency vehicle may be equipped with 8 a siren, whistle, air horn, or bell capable of emitting sound 9 audible under normal conditions from a distance of not less 10 than five hundred feet , but the . 11 4. An authorized emergency medical services program, fire 12 department, or law enforcement agency may equip one or more 13 vehicles with an air horn. 14 5. An official fire department vehicle, emergency medical 15 services program vehicle, or law enforcement vehicle owned 16 by the state, a municipality, as defined in section 670.1, 17 or a corporation providing emergency medical services to 18 a municipality pursuant to a written contract, that was 19 purchased, delivered, or refurbished on or after July 1, 20 2018, excluding an all-terrain vehicle or a special service 21 vehicle, shall be equipped with a two-hundred-watt electric 22 or electronic siren capable of emitting at least two distinct 23 siren tones, and one or more compatible siren speakers. 24 6. An authorized emergency vehicle’s siren, whistle, or 25 bell shall not be used except when the vehicle is operated in 26 response to an emergency call or incident, in response to an 27 incident dangerous to the public, in a parade or designated 28 public service event, for a demonstration, for maintenance, or 29 in the immediate pursuit of an actual or suspected violator of 30 the law, and the driver of the vehicle shall sound the siren, 31 whistle, or bell when reasonably necessary to warn pedestrians 32 and other drivers of the approach of the vehicle. 33 7. For the purposes of this section: 34 a. “Electric siren” means an audible warning device that 35 -9- LSB 5727SS (4) 87 ns/rh 9/ 16
S.F. 2183 produces sound using an electric motor with an attached 1 rotating slotted or perforated disc. 2 b. “Electronic siren” means an audible warning device 3 that produces sound electronically using amplifiers and 4 electromagnetic speakers. 5 Sec. 14. Section 321.451, subsection 1, Code 2018, is 6 amended by adding the following new paragraphs: 7 NEW PARAGRAPH . g. A vehicle owned by a chief or certified 8 officer of a volunteer fire department, a fire department 9 comprised of a combination of volunteer and paid members, or 10 a nonprofit corporation that delivers emergency services on 11 behalf of a municipality, as defined in section 670.1, pursuant 12 to a written contract, if the application for a certificate of 13 designation is requested by the chief of the fire department. 14 However, the department shall not approve an application 15 received pursuant to this paragraph “g” unless the owner of the 16 vehicle has completed an emergency vehicle operations course 17 approved by the fire service training bureau, as described in 18 section 100B.6. 19 NEW PARAGRAPH . h. A vehicle owned by a chief, officer, or 20 medical director of an authorized emergency medical service 21 provider, if the application for a certificate of designation 22 is requested by the chief of the authorized emergency medical 23 service provider. However, the department shall not approve 24 an application received pursuant to this paragraph “h” unless 25 the owner of the vehicle has completed an emergency vehicle 26 operations course approved by the department of public health. 27 NEW PARAGRAPH . i. A vehicle owned by a state or county 28 emergency management coordinator if the application for a 29 certificate of designation is requested by the emergency 30 management coordinator. However, the department shall not 31 approve an application received pursuant to this paragraph “i” 32 unless the owner of the vehicle has completed an emergency 33 vehicle operations course approved by the fire service training 34 bureau, as described in section 100B.6, or the department of 35 -10- LSB 5727SS (4) 87 ns/rh 10/ 16
S.F. 2183 public health. 1 Sec. 15. Section 321.451, subsection 3, Code 2018, is 2 amended to read as follows: 3 3. The certificate of designation shall be valid for 4 a period of three years and shall at all times be carried 5 with the registration receipt for the vehicle to which 6 the certificate refers. The certificate may be revoked or 7 temporarily suspended by the director upon a showing of abuse , 8 recklessness, or that the vehicle has unsafe equipment . 9 Sec. 16. Section 321.451, Code 2018, is amended by adding 10 the following new subsections: 11 NEW SUBSECTION . 4. The department shall create and maintain 12 a database of vehicles designated as an authorized emergency 13 vehicle pursuant to this section. 14 NEW SUBSECTION . 5. The operator of a vehicle designated 15 as an authorized emergency vehicle pursuant to this section, 16 except a vehicle designated under subsection 1, paragraph “f” , 17 may request reimbursement from the operator’s employer or 18 organization for which the operator volunteers for reasonable 19 costs or expenses incurred by the operator during the operation 20 of the vehicle as an authorized emergency vehicle on official 21 business, including fuel and mileage reimbursement, and the 22 operator shall be reimbursed upon a determination that the 23 operator’s request was proper. 24 NEW SUBSECTION . 6. A public or private employer shall 25 not require an employee or volunteer to apply for or maintain 26 a certificate of designation pursuant to this section as a 27 condition of employment or of permitting the person to continue 28 to volunteer. A person shall not be required to operate or 29 use a vehicle designated as an authorized emergency vehicle 30 pursuant to this section. 31 NEW SUBSECTION . 7. This section shall not be construed 32 to exempt the state or a municipality, as defined in section 33 670.1, from any duty to purchase, equip, maintain, or otherwise 34 provide authorized emergency vehicles to meet any requirement 35 -11- LSB 5727SS (4) 87 ns/rh 11/ 16
S.F. 2183 to provide public services. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill permits the driver of an authorized emergency 5 vehicle, when responding to an emergency call or incident, 6 when in the pursuit of an actual or suspected perpetrator of a 7 felony or misdemeanor, in response to an incident dangerous to 8 the public, or when responding to but not upon returning from a 9 fire alarm, to operate the vehicle on the shoulder or median of 10 a highway, to disregard laws or regulations governing turning 11 the vehicle in specified directions, and to disregard laws or 12 regulations governing overtaking or passing other motorists. 13 The bill also permits official fire department vehicles, police 14 vehicles, rescue vehicles, ambulances, emergency medical 15 services vehicles, and peace officers riding a police bicycle 16 to proceed past a red or stop signal or stop sign, but only 17 after slowing down as may be reasonable for safe operation, and 18 to exceed the maximum speed limits so long as the driver does 19 not unreasonably endanger life or property. 20 Under current law, authorized emergency vehicles are 21 permitted to operate in this manner only when such vehicles are 22 making use of an audible or visual signaling device, except a 23 vehicle operated by a peace officer is not required to use an 24 audible or visual signaling device if the officer is pursuing 25 a suspected violator of the speed limit. The bill provides 26 that a peace officer is also not required to use an audible or 27 visual signaling device if the officer has probable cause to 28 believe that a suspected violator’s knowledge of the officer’s 29 proximity will cause the suspected violator to destroy evidence 30 of a suspected felony or to evade apprehension. However, the 31 bill permits such action only if the action does not endanger 32 the life of the officer or the vehicle. 33 The bill also provides that the driver of an authorized 34 emergency vehicle transporting a patient to a hospital is 35 -12- LSB 5727SS (4) 87 ns/rh 12/ 16
S.F. 2183 not required to use an audible warning device or visual 1 signaling device if a certified emergency medical care provider 2 reasonably believes the patient’s condition warrants limited 3 use of the vehicle’s audible or visual signaling device, 4 provided the driver activates the vehicle’s audible or visual 5 device when necessary to warn motorists or pedestrians of the 6 vehicle’s approach, or when approaching an intersection. 7 The bill further provides that a peace officer operating an 8 authorized emergency vehicle may execute a lawful intervention 9 technique if such execution is reasonable under the 10 circumstances and the officer has completed a training course 11 approved by the Iowa law enforcement academy that instructs 12 participants in the proper execution of lawful intervention 13 techniques. 14 By operation of law, a violation of these provisions of the 15 bill is punishable by a scheduled fine of $100. 16 The bill permits the driver of an authorized emergency 17 vehicle to operate the vehicle as part of an official 18 governmental event for the purposes of the safety and security 19 of an elected official, candidate for public office, or the 20 public, or as part of a parade or other public service event if 21 the parade or event is approved by the state or a municipality 22 and notice of the parade or event is publicly disseminated by 23 the state or municipality at least five days prior to the date 24 on which the parade or event will occur. In addition, the bill 25 permits an authorized emergency vehicle to operate in a parade 26 or event while displaying emergency lights or warning lights. 27 The bill provides that a certified fire fighter, emergency 28 medical care provider, peace officer, or reserve peace officer 29 shall not be liable for any injury or loss arising from the 30 operation of an authorized emergency vehicle in response to 31 an emergency call or incident or to an incident dangerous to 32 the public unless the vehicle is operated with willful and 33 wanton disregard for the safety of persons or property. This 34 provision of the bill only applies when, in response to an 35 -13- LSB 5727SS (4) 87 ns/rh 13/ 16
S.F. 2183 emergency call or incident or to an incident dangerous to the 1 public, the authorized emergency vehicle is making use of a 2 siren or flashing blue and red lights. 3 The bill requires snow plows to be equipped with and to 4 use flashing amber warning lights. By operation of law, a 5 violation of this provision is punishable by a scheduled fine 6 of $30. 7 The bill permits an authorized emergency vehicle to be 8 equipped with a combination of interior or exterior emergency 9 lights and warning lights, flashing headlamps, and flashing 10 tail lamps. The bill requires an official law enforcement, 11 fire department, or emergency medical services vehicle owned 12 by the state or a municipality that was purchased, delivered, 13 or refurbished on or after July 1, 2018, to be equipped with 14 flashing headlamps unless the vehicle lacks the capability to 15 be equipped with flashing headlamps. 16 The bill requires an authorized emergency vehicle owned 17 by the state, a municipality, or a private emergency medical 18 services company, or a privately owned vehicle, to be equipped 19 with a combination of operational red and blue emergency 20 lights. Authorized emergency vehicles in service on or before 21 the effective date of the bill are required to comply with this 22 provision on or before July 1, 2021. The bill also requires 23 an authorized emergency vehicle equipped with an interior or 24 exterior light bar to position front and rear facing red lights 25 on the driver’s side of the vehicle and front and rear facing 26 blue lights on the passenger’s side of the vehicle. 27 The bill provides that an authorized emergency vehicle 28 equipped with an interior or exterior light bar with red and 29 blue flashing emergency lights may be equipped with flashing 30 or solid white lights scattered among or between any lens that 31 displays a red or blue flashing light. An authorized emergency 32 vehicle may also be equipped with one or more lights capable of 33 emitting a split red and blue steady or flashing light, which 34 may be mounted on or in the vehicle, and with emergency lights 35 -14- LSB 5727SS (4) 87 ns/rh 14/ 16
S.F. 2183 on the side of the vehicle capable of emitting red and blue 1 light, red and white light, or blue and white light. 2 The bill further provides that an official law enforcement, 3 fire, rescue, or emergency medical services vehicle may be 4 equipped with lights or light bars containing one or more rear 5 zone amber warning lights or amber directional arrows, and 6 prohibits an authorized emergency vehicle from being equipped 7 with an amber warning light positioned on the front or side of 8 the vehicle. However, an aerial fire apparatus may be equipped 9 with amber flashing lights on the outriggers of the apparatus. 10 The bill permits an authorized emergency vehicle to be 11 equipped with one or more steady, oscillating, or flashing 12 white lights, flashing headlamps, or flashing reverse lamps, 13 and prohibits a light bar from being equipped or used to 14 display flashing white lights visible from the rear of the 15 vehicle. However, white lights used as a work light, alley 16 light, search light, or takedown light are permitted. 17 The bill further permits an authorized emergency vehicle 18 primarily used as an incident command vehicle to be equipped 19 with one or more steady or flashing green lights. 20 The bill also permits an authorized emergency medical 21 services program, fire department, or law enforcement agency 22 to equip one or more vehicles with an air horn. The bill 23 requires such vehicles purchased, delivered, or refurbished on 24 or after July 1, 2018, to be equipped with a 200-watt electric 25 or electronic siren capable of emitting at least two distinct 26 siren tones, and one or more compatible siren speakers. 27 The bill provides that an authorized emergency vehicle’s 28 siren, whistle, or bell shall not be used except when 29 the vehicle is operated in response to an emergency call 30 or incident, in response to an incident dangerous to the 31 public, in a parade or designated public service event, for a 32 demonstration, for maintenance, or in the immediate pursuit of 33 an actual or suspected violator of the law. The bill requires 34 the driver of the vehicle to sound the siren, whistle, or bell 35 -15- LSB 5727SS (4) 87 ns/rh 15/ 16
S.F. 2183 when reasonably necessary to warn pedestrians and other drivers 1 of the approach of the vehicle. 2 By operation of law, a violation of any provision of Code 3 chapter 321 for which a penalty is not provided is a simple 4 misdemeanor, punishable by a fine of at least $65 but not to 5 exceed $625 and imprisonment not to exceed 30 days. 6 The bill includes in the list of vehicles permitted to be 7 designated as authorized emergency vehicles those vehicles 8 owned by a chief or certified officer of a volunteer fire 9 department, a fire department comprised of a combination 10 of volunteer and paid members, or a nonprofit corporation 11 that delivers emergency services; vehicles owned by a chief, 12 officer, or medical director of an authorized emergency medical 13 service provider; and vehicles owned by a state or county 14 emergency management coordinator. 15 The bill provides that a certificate of designation as 16 an authorized emergency vehicle shall be valid for a period 17 of three years, and permits the department of transportation 18 (DOT) to revoke or temporarily suspend the designation due to 19 abuse, recklessness, or the fact that the vehicle has unsafe 20 equipment. The bill requires the DOT to create and maintain 21 a database of vehicles designated as authorized emergency 22 vehicles. 23 The bill permits the operator of an authorized emergency 24 vehicle, except a towing and recovery vehicle, to request 25 reimbursement from the operator’s employer or organization for 26 which the operator volunteers for reasonable costs or expenses 27 incurred during the operation of the vehicle as an authorized 28 emergency vehicle on official business, including fuel and 29 mileage reimbursement. The bill prohibits a public or private 30 employer from requiring an employee or volunteer to apply for 31 or maintain a certificate of designation for an authorized 32 emergency vehicle, and from requiring a person to operate or 33 use an authorized emergency vehicle. 34 -16- LSB 5727SS (4) 87 ns/rh 16/ 16