Print
House Study Bill 84 - IntroducedA Bill ForAn Act 1relating to authorized emergency vehicles, making
2penalties applicable, and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.231, subsection 1, Code 2021, is
2amended to read as follows:
31. The driver of an authorized emergency vehicle, when
4responding to an emergency call or when in the pursuit of an
5actual or suspected perpetrator of a felony or misdemeanor, or
6in response to an incident dangerous to the public, or when
7responding to but not upon returning from a fire alarm, may
8exercise the privileges set forth in this section.
9 Sec. 2. Section 321.231, subsections 3 and 4, Code 2021, are
10amended to read as follows:
113. The driver of a an official fire department vehicle,
12police vehicle, rescue vehicle, or ambulance, emergency
13management vehicle, or emergency medical services vehicle, or a
14peace officer riding a police bicycle in the line of duty, may
15do any of the following:
16a. Proceed past a red or stop signal or stop sign, but
17only after slowing down as an emergency vehicle driver may be
18necessary deem reasonable for safe operation in the same or
19similar circumstances based on information known to the driver
20at the time.
21b. Exceed the maximum speed limits so long as the driver
22does not endanger life or property acts reasonably and in good
23faith.
244. a. The exemptions granted to the driver of an authorized
25emergency vehicle under subsection 2 and to a the driver of
26an official fire department vehicle, police vehicle, rescue
27vehicle, or ambulance, emergency management vehicle, or
28emergency medical services vehicle as provided in subsection 3
29shall apply only when such vehicle is making use of an audible
30signaling warning device meeting the requirements of section
31321.433 or a visual signaling device, except that use of an
32audible or visual signaling device shall not be required when
33exercising the emergency lights authorized under this chapter.
34b. Theexemption granted under subsection 3, paragraph
35“b”, when the vehicle is operated by a peace officer shall be
-1-1granted to a peace officer or reserve peace officer operating
2an authorized emergency vehicle without using an audible
3warning device or emergency lights if such action does not
4recklessly endanger persons or property, and if the officer
5is pursuing a suspected violator of the speed restrictions
6imposed by or pursuant to this chapter for the purpose of
7determining the speed of travel of such suspected violator,
8or if the officer reasonably believes based on the facts and
9circumstances at the time that a suspected violator’s knowledge
10of the officer’s proximity may cause the suspected violator
11to destroy evidence of a suspected felony or aggravated
12misdemeanor, evade apprehension, or endanger the public or the
13officer.
14c. The exemption granted under subsection 3, paragraph
15“b”, shall be granted to the driver of an authorized emergency
16vehicle transporting a patient to a hospital without using
17the vehicle’s emergency lights or audible warning device if a
18certified emergency medical care provider reasonably believes
19the patient’s condition warrants limited use of the vehicle’s
20emergency lights or audible warning device, provided the driver
21activates the vehicle’s audible warning device when necessary
22to warn motorists or pedestrians of the vehicle’s approach, or
23when approaching an intersection.
24 Sec. 3. Section 321.231, Code 2021, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 3A. A peace officer operating an authorized
27emergency vehicle may execute a pursuit intervention technique
28if such execution is reasonable under the circumstances based
29on the information available to the officer at the time, and
30the officer has completed a training course approved by the
31Iowa law enforcement academy that instructs participants in
32the proper execution of pursuit intervention techniques. For
33purposes of this subsection, “pursuit intervention technique”
34means a method by which a peace officer operating a motor
35vehicle in pursuit of a fleeing motor vehicle causes or
-2-1attempts to cause the fleeing motor vehicle to stop, including
2by use of reasonable force. This subsection shall not be
3construed to limit a peace officer’s objectively reasonable use
4of force in connection with a pursuit.
5 Sec. 4. NEW SECTION. 321.231A Authorized emergency vehicles
6— parades and events.
71. The driver of an authorized emergency vehicle may operate
8the vehicle as part of an official governmental event for the
9purposes of the safety and security of an elected official,
10candidate for public office, or the public, or as part of a
11parade or other public service event if the parade or event
12is approved by the state or a municipality, as defined in
13section 670.1, and notice of the parade or event is publicly
14disseminated by the state or municipality in the area where the
15parade or event will occur at least five days prior to the date
16on which the parade or event will occur.
172. Notwithstanding any provision of law to the contrary, an
18authorized emergency vehicle operating in a parade or event may
19display any of the vehicle’s lighting devices. This subsection
20shall not be construed to exempt the driver of the authorized
21emergency vehicle from any duty to operate the vehicle with due
22regard for the safety of all persons.
23 Sec. 5. NEW SECTION. 321.231B Authorized emergency vehicles
24— immunity from liability.
251. The following shall not be liable for any injury or loss
26arising from the operation of an authorized emergency vehicle
27in response to an emergency call or to an incident dangerous to
28the public unless the driver operates the authorized emergency
29vehicle with reckless disregard for the safety of persons or
30property:
31a. A fire fighter operating the authorized emergency
32vehicle who is certified by the fire service training bureau,
33as described in section 100B.6, as a fire apparatus driver or
34operator and who has completed an emergency vehicle operations
35course and any applicable continuing education requirements
-3-1established or approved by the fire service training bureau.
2b. An emergency medical care provider, as defined in
3section 147A.1, operating the authorized emergency vehicle who
4has completed an emergency vehicle operations course and any
5applicable continuing education requirements established or
6approved by the department of public health.
7c. A peace officer, as defined in section 801.4, or a
8reserve peace officer, as defined in section 80D.1A, operating
9the authorized emergency vehicle who has completed an emergency
10vehicle operations course and any applicable continuing
11education requirements established or approved by the Iowa law
12enforcement academy.
13d. An emergency management agency employee operating the
14authorized emergency vehicle who has completed an emergency
15vehicle operations course and any applicable continuing
16education requirements established or approved by the local or
17joint emergency management commission, and where the local or
18joint emergency management commission has adopted a written
19policy related to emergency vehicle operations. For purposes
20of this paragraph, “emergency management agency employee” means
21a member of the personnel, including but not limited to the
22coordinator, an operations officer, or an emergency management
23assistant, of a local or joint emergency management commission.
24e. Any governmental or private entity on whose behalf the
25fire fighter, emergency medical care provider, peace officer,
26reserve peace officer, or emergency management agency employee
27is operating the authorized emergency vehicle.
282. The protections from liability set forth in subsection
291 apply only when, in response to an emergency call or to an
30incident dangerous to the public, the driver operating the
31authorized emergency vehicle is utilizing a siren meeting the
32requirements of section 321.433 or flashing blue and red lights
33authorized under this chapter. The protections from liability
34provided by subsection 1 apply in addition to any other defense
35to liability provided by law.
-4- 13. The driver of an authorized emergency vehicle, and any
2governmental or private entity on whose behalf the driver
3is operating the authorized emergency vehicle, shall not be
4liable for any injury or loss arising from the operation of the
5authorized emergency vehicle unless reckless disregard for the
6safety of persons or property is proven by a preponderance of
7the evidence.
8 Sec. 6. Section 321.324A, Code 2021, is amended by adding
9the following new subsection:
10 NEW SUBSECTION. 3A. a. The driver of an authorized
11emergency vehicle may operate the vehicle as part of a funeral
12procession if approved by each municipality, as defined in
13section 670.1, in which the funeral procession occurs.
14b. Notwithstanding any provision of law to the contrary, an
15authorized emergency vehicle operating in a funeral procession
16may display any of the vehicle’s lighting devices. This
17subsection shall not be construed to exempt the driver of the
18authorized emergency vehicle from any duty to operate the
19vehicle with due regard for the safety of all persons.
20 Sec. 7. Section 321.433, Code 2021, is amended to read as
21follows:
22321.433 Sirens, whistles, air horns, and bells prohibited.
231. A vehicle shall not be equipped with and a person shall
24not use upon a vehicle any siren, whistle, or bell, except as
25otherwise permitted in this section or any other provision of
26law.
272. It is permissible but not required that any commercial
28vehicle be equipped with a theft alarm signal device which is
29so arranged that it cannot be used by the driver as an ordinary
30warning signal.
313. Any authorized emergency vehicle may be equipped with
32a siren, whistle, air horn, or bell capable of emitting sound
33audible under normal conditions from a distance of not less
34than five hundred feet, but the.
354. An authorized emergency medical services program, fire
-5-1department, or law enforcement agency may equip one or more
2vehicles with an air horn.
35. An official fire department vehicle, emergency medical
4services program vehicle, or law enforcement vehicle owned
5by the state, a municipality, as defined in section 670.1,
6or a corporation providing emergency medical services to
7a municipality pursuant to a written contract, that was
8purchased, delivered, or refurbished on or after July 1,
92021, excluding an all-terrain vehicle or a special service
10vehicle, shall be equipped with a two-hundred-watt electric
11or electronic siren capable of emitting at least two distinct
12siren tones, and one or more compatible siren speakers.
136. An authorized emergency vehicle’ssiren, whistle,
14air horn, or bell shall not be used except when the vehicle
15is operated in response to an emergency call or an incident
16dangerous to the public, in a parade or designated public
17service event, for a demonstration, for maintenance, or in
18the immediate pursuit of an actual or suspected violator of
19the law, and the driver of the vehicle shall sound the siren,
20whistle, air horn, or bell when the driver reasonably believes
21 necessary to warn pedestrians and other drivers of the approach
22of the vehicle.
237. For purposes of this section:
24a. “Electric siren” means an audible warning device that
25produces sound using an electric motor with an attached
26rotating slotted or perforated disc.
27b. “Electronic siren” means an audible warning device
28that produces sound electronically using amplifiers and
29electromagnetic speakers.
30 Sec. 8. Section 321.451, subsection 1, Code 2021, is amended
31by adding the following new paragraphs:
32 NEW PARAGRAPH. g. A vehicle owned or operated by a
33certified chief or certified fire officer of a volunteer fire
34department, a fire department comprised of a combination of
35volunteer and paid members, or a nonprofit corporation that
-6-1delivers emergency services on behalf of a municipality, as
2defined in section 670.1, pursuant to a written contract, if
3the application for a certificate of designation is requested
4by the chief of the fire department. However, the department
5shall not approve an application received pursuant to this
6paragraph unless the owner or operator, as applicable, of the
7vehicle has completed an emergency vehicle operations course
8approved by the fire service training bureau, as described
9in section 100B.6, provided proof of certification as a fire
10officer, and provided proof of financial liability coverage or
11risk pool coverage.
12 NEW PARAGRAPH. h. A vehicle owned or operated by a chief
13or medical director of an authorized emergency medical service
14provider, if the application for a certificate of designation
15is requested by a medical director of, a medical officer of, or
16the chief of the authorized emergency medical service provider.
17However, the department shall not approve an application
18received pursuant to this paragraph unless the owner or
19operator, as applicable, of the vehicle has completed an
20emergency vehicle operations course approved by the department
21of public health, and provided proof of financial liability
22coverage or risk pool coverage.
23 Sec. 9. Section 321.451, Code 2021, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 4. A public or private employer shall
26not require an employee or volunteer to apply for or maintain
27a certificate of designation pursuant to this section as a
28condition of employment or of permitting the person to continue
29to volunteer. A person shall not be required to operate or
30use a vehicle designated as an authorized emergency vehicle
31pursuant to this section.
32 NEW SUBSECTION. 5. This section shall not be construed
33to exempt the state or a municipality, as defined in section
34670.1, from any duty to purchase, equip, maintain, or otherwise
35provide authorized emergency vehicles to meet any requirement
-7-1to provide public services, including law enforcement, fire
2protection, rescue, or emergency medical services.
3 Sec. 10. EFFECTIVE DATE. This Act, being deemed of
4immediate importance, takes effect upon enactment.
5 Sec. 11. APPLICABILITY. The following applies to causes of
6action accrued on or after the effective date of this Act:
7The section of this Act enacting section 321.231B.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11OPERATION IN EMERGENCY SITUATIONS. This bill allows
12the driver of an authorized emergency vehicle to exercise
13the privileges set forth in Code section 321.231 when in
14pursuit of a perpetrator of a misdemeanor, in addition to
15the circumstances allowed under current law. The bill also
16allows the drivers of official fire department vehicles, police
17vehicles, rescue vehicles, ambulances, emergency management
18vehicles, emergency medical services vehicles, and peace
19officers riding a police bicycle to proceed past a red or
20stop signal or stop sign, but only after slowing down as an
21emergency vehicle driver may deem reasonable for safe operation
22in the same or similar circumstances based on information known
23to the driver at the time, and to exceed the maximum speed
24limits so long as the driver acts reasonably and in good faith.
25Under current law, authorized emergency vehicles are
26permitted to operate in this manner only when such vehicles are
27making use of an audible or visual signaling device, except a
28vehicle operated by a peace officer is not required to use an
29audible or visual signaling device if the officer is pursuing a
30suspected violator of a speed limit. The bill instead requires
31the use of an audible warning device or emergency lights, and
32provides that a peace officer is not required to use an audible
33warning device or emergency lights if the officer reasonably
34believes based on the facts and circumstances at the time that
35a suspected violator’s knowledge of the officer’s proximity may
-8-1cause the suspected violator to destroy evidence of a suspected
2felony or aggravated misdemeanor, evade apprehension, or
3endanger the public or the officer. However, the bill permits
4such action only if the action does not recklessly endanger
5persons or property.
6The bill provides that the driver of an authorized emergency
7vehicle transporting a patient to a hospital is not required
8to use emergency lights or an audible warning device while
9exceeding a speed limit if a certified emergency medical care
10provider reasonably believes the patient’s condition warrants
11limited use of the vehicle’s emergency lights or audible
12warning device, provided the driver activates the vehicle’s
13audible warning device when necessary to warn motorists or
14pedestrians of the vehicle’s approach, or when approaching an
15intersection.
16The bill further provides that a peace officer operating an
17authorized emergency vehicle may execute a pursuit intervention
18technique, as defined in the bill, if such execution is
19reasonable under the circumstances based on the information
20available to the officer at the time, and the officer
21has completed a training course approved by the Iowa law
22enforcement academy that instructs participants in the proper
23execution of pursuit intervention techniques.
24By operation of law, a violation of these provisions of the
25bill is punishable by a scheduled fine of $135.
26PARADES AND EVENTS. The bill allows the driver of an
27authorized emergency vehicle to operate the vehicle as part of
28an official governmental event for the purposes of the safety
29and security of an elected official, candidate for public
30office, or the public, or as part of a parade or other public
31service event if the parade or event is approved by the state
32or a municipality and notice of the parade or event is publicly
33disseminated by the state or municipality at least five days
34prior to the date on which the parade or event will occur. In
35addition, the bill allows an authorized emergency vehicle to
-9-1operate in a parade or event while displaying the vehicle’s
2lighting devices.
3IMMUNITY FROM LIABILITY. The bill provides that a certified
4fire fighter, emergency medical care provider, peace officer,
5reserve peace officer, or emergency management agency employee
6who has completed certain training shall not be liable for any
7injury or loss arising from the operation of an authorized
8emergency vehicle in response to an emergency call or to an
9incident dangerous to the public unless the vehicle is operated
10with reckless disregard for the safety of persons or property.
11This provision of the bill only applies when, in response to
12an emergency call or to an incident dangerous to the public,
13the authorized emergency vehicle is making use of a siren or
14flashing blue and red lights.
15The bill specifies that the driver of an authorized
16emergency vehicle shall not be liable for any injury or loss
17arising from the operation of the vehicle unless reckless
18disregard for the safety of persons or property is proven by a
19preponderance of the evidence.
20FUNERAL PROCESSIONS. The bill authorizes a driver of an
21authorized emergency vehicle to operate the vehicle as part of
22a funeral procession if approved by each municipality in which
23the funeral procession occurs. The bill allows an authorized
24emergency vehicle operating in a funeral procession to display
25the vehicle’s lighting devices.
26SIRENS AND AIR HORNS. The bill allows an authorized
27emergency medical services program, fire department, or law
28enforcement agency to equip one or more vehicles with an air
29horn. The bill requires such vehicles purchased, delivered,
30or refurbished on or after July 1, 2021, to be equipped with
31a 200-watt electric or electronic siren capable of emitting
32at least two distinct siren tones, and one or more compatible
33siren speakers.
34The bill prohibits an authorized emergency vehicle’s siren,
35whistle, air horn, or bell from being used except when the
-10-1vehicle is operated in response to an emergency call or to an
2incident dangerous to the public, in a parade or designated
3public service event, for a demonstration, for maintenance, or
4in the immediate pursuit of an actual or suspected violator
5of the law. The bill requires the driver of the vehicle to
6sound the siren, whistle, air horn, or bell when the driver
7reasonably believes necessary to warn pedestrians and other
8drivers of the approach of the vehicle.
9By operation of law, a violation of this provision is
10punishable by a scheduled fine of $45.
11DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill
12includes in the list of vehicles authorized to be designated
13as authorized emergency vehicles those vehicles owned by a
14certified chief or certified fire officer of a volunteer fire
15department, a fire department comprised of a combination of
16volunteer and paid members, or a nonprofit corporation that
17delivers emergency services; and vehicles owned by a chief or
18medical director of an authorized emergency medical service
19provider. The bill requires the completion of certain training
20and proof of financial liability coverage or risk pool coverage
21to obtain the designation.
22 The bill prohibits a public or private employer from
23requiring an employee or volunteer to apply for or maintain a
24certificate of designation for an authorized emergency vehicle,
25and from requiring a person to operate or use an authorized
26emergency vehicle.
27EFFECTIVE DATE AND APPLICABILITY. The bill takes effect
28upon enactment, and Code section 321.231B (limiting liability
29for certain authorized emergency vehicle operators), as enacted
30in the bill, applies to causes of action accrued on or after
31the effective date of the bill.
-11-th/ns
2penalties applicable, and including effective date and
3applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 321.231, subsection 1, Code 2021, is
2amended to read as follows:
31. The driver of an authorized emergency vehicle, when
4responding to an emergency call or when in the pursuit of an
5actual or suspected perpetrator of a felony or misdemeanor, or
6in response to an incident dangerous to the public, or when
7responding to but not upon returning from a fire alarm, may
8exercise the privileges set forth in this section.
9 Sec. 2. Section 321.231, subsections 3 and 4, Code 2021, are
10amended to read as follows:
113. The driver of a an official fire department vehicle,
12police vehicle, rescue vehicle, or ambulance, emergency
13management vehicle, or emergency medical services vehicle, or a
14peace officer riding a police bicycle in the line of duty, may
15do any of the following:
16a. Proceed past a red or stop signal or stop sign, but
17only after slowing down as an emergency vehicle driver may be
18necessary deem reasonable for safe operation in the same or
19similar circumstances based on information known to the driver
20at the time.
21b. Exceed the maximum speed limits so long as the driver
22does not endanger life or property acts reasonably and in good
23faith.
244. a. The exemptions granted to the driver of an authorized
25emergency vehicle under subsection 2 and to a the driver of
26an official fire department vehicle, police vehicle, rescue
27vehicle, or ambulance, emergency management vehicle, or
28emergency medical services vehicle as provided in subsection 3
29shall apply only when such vehicle is making use of an audible
30signaling warning device meeting the requirements of section
31321.433 or a visual signaling device, except that use of an
32audible or visual signaling device shall not be required when
33exercising the emergency lights authorized under this chapter.
34b. Theexemption granted under subsection 3, paragraph
35“b”, when the vehicle is operated by a peace officer shall be
-1-1granted to a peace officer or reserve peace officer operating
2an authorized emergency vehicle without using an audible
3warning device or emergency lights if such action does not
4recklessly endanger persons or property, and if the officer
5is pursuing a suspected violator of the speed restrictions
6imposed by or pursuant to this chapter for the purpose of
7determining the speed of travel of such suspected violator,
8or if the officer reasonably believes based on the facts and
9circumstances at the time that a suspected violator’s knowledge
10of the officer’s proximity may cause the suspected violator
11to destroy evidence of a suspected felony or aggravated
12misdemeanor, evade apprehension, or endanger the public or the
13officer.
14c. The exemption granted under subsection 3, paragraph
15“b”, shall be granted to the driver of an authorized emergency
16vehicle transporting a patient to a hospital without using
17the vehicle’s emergency lights or audible warning device if a
18certified emergency medical care provider reasonably believes
19the patient’s condition warrants limited use of the vehicle’s
20emergency lights or audible warning device, provided the driver
21activates the vehicle’s audible warning device when necessary
22to warn motorists or pedestrians of the vehicle’s approach, or
23when approaching an intersection.
24 Sec. 3. Section 321.231, Code 2021, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 3A. A peace officer operating an authorized
27emergency vehicle may execute a pursuit intervention technique
28if such execution is reasonable under the circumstances based
29on the information available to the officer at the time, and
30the officer has completed a training course approved by the
31Iowa law enforcement academy that instructs participants in
32the proper execution of pursuit intervention techniques. For
33purposes of this subsection, “pursuit intervention technique”
34means a method by which a peace officer operating a motor
35vehicle in pursuit of a fleeing motor vehicle causes or
-2-1attempts to cause the fleeing motor vehicle to stop, including
2by use of reasonable force. This subsection shall not be
3construed to limit a peace officer’s objectively reasonable use
4of force in connection with a pursuit.
5 Sec. 4. NEW SECTION. 321.231A Authorized emergency vehicles
6— parades and events.
71. The driver of an authorized emergency vehicle may operate
8the vehicle as part of an official governmental event for the
9purposes of the safety and security of an elected official,
10candidate for public office, or the public, or as part of a
11parade or other public service event if the parade or event
12is approved by the state or a municipality, as defined in
13section 670.1, and notice of the parade or event is publicly
14disseminated by the state or municipality in the area where the
15parade or event will occur at least five days prior to the date
16on which the parade or event will occur.
172. Notwithstanding any provision of law to the contrary, an
18authorized emergency vehicle operating in a parade or event may
19display any of the vehicle’s lighting devices. This subsection
20shall not be construed to exempt the driver of the authorized
21emergency vehicle from any duty to operate the vehicle with due
22regard for the safety of all persons.
23 Sec. 5. NEW SECTION. 321.231B Authorized emergency vehicles
24— immunity from liability.
251. The following shall not be liable for any injury or loss
26arising from the operation of an authorized emergency vehicle
27in response to an emergency call or to an incident dangerous to
28the public unless the driver operates the authorized emergency
29vehicle with reckless disregard for the safety of persons or
30property:
31a. A fire fighter operating the authorized emergency
32vehicle who is certified by the fire service training bureau,
33as described in section 100B.6, as a fire apparatus driver or
34operator and who has completed an emergency vehicle operations
35course and any applicable continuing education requirements
-3-1established or approved by the fire service training bureau.
2b. An emergency medical care provider, as defined in
3section 147A.1, operating the authorized emergency vehicle who
4has completed an emergency vehicle operations course and any
5applicable continuing education requirements established or
6approved by the department of public health.
7c. A peace officer, as defined in section 801.4, or a
8reserve peace officer, as defined in section 80D.1A, operating
9the authorized emergency vehicle who has completed an emergency
10vehicle operations course and any applicable continuing
11education requirements established or approved by the Iowa law
12enforcement academy.
13d. An emergency management agency employee operating the
14authorized emergency vehicle who has completed an emergency
15vehicle operations course and any applicable continuing
16education requirements established or approved by the local or
17joint emergency management commission, and where the local or
18joint emergency management commission has adopted a written
19policy related to emergency vehicle operations. For purposes
20of this paragraph, “emergency management agency employee” means
21a member of the personnel, including but not limited to the
22coordinator, an operations officer, or an emergency management
23assistant, of a local or joint emergency management commission.
24e. Any governmental or private entity on whose behalf the
25fire fighter, emergency medical care provider, peace officer,
26reserve peace officer, or emergency management agency employee
27is operating the authorized emergency vehicle.
282. The protections from liability set forth in subsection
291 apply only when, in response to an emergency call or to an
30incident dangerous to the public, the driver operating the
31authorized emergency vehicle is utilizing a siren meeting the
32requirements of section 321.433 or flashing blue and red lights
33authorized under this chapter. The protections from liability
34provided by subsection 1 apply in addition to any other defense
35to liability provided by law.
-4- 13. The driver of an authorized emergency vehicle, and any
2governmental or private entity on whose behalf the driver
3is operating the authorized emergency vehicle, shall not be
4liable for any injury or loss arising from the operation of the
5authorized emergency vehicle unless reckless disregard for the
6safety of persons or property is proven by a preponderance of
7the evidence.
8 Sec. 6. Section 321.324A, Code 2021, is amended by adding
9the following new subsection:
10 NEW SUBSECTION. 3A. a. The driver of an authorized
11emergency vehicle may operate the vehicle as part of a funeral
12procession if approved by each municipality, as defined in
13section 670.1, in which the funeral procession occurs.
14b. Notwithstanding any provision of law to the contrary, an
15authorized emergency vehicle operating in a funeral procession
16may display any of the vehicle’s lighting devices. This
17subsection shall not be construed to exempt the driver of the
18authorized emergency vehicle from any duty to operate the
19vehicle with due regard for the safety of all persons.
20 Sec. 7. Section 321.433, Code 2021, is amended to read as
21follows:
22321.433 Sirens, whistles, air horns, and bells prohibited.
231. A vehicle shall not be equipped with and a person shall
24not use upon a vehicle any siren, whistle, or bell, except as
25otherwise permitted in this section or any other provision of
26law.
272. It is permissible but not required that any commercial
28vehicle be equipped with a theft alarm signal device which is
29so arranged that it cannot be used by the driver as an ordinary
30warning signal.
313. Any authorized emergency vehicle may be equipped with
32a siren, whistle, air horn, or bell capable of emitting sound
33audible under normal conditions from a distance of not less
34than five hundred feet, but the.
354. An authorized emergency medical services program, fire
-5-1department, or law enforcement agency may equip one or more
2vehicles with an air horn.
35. An official fire department vehicle, emergency medical
4services program vehicle, or law enforcement vehicle owned
5by the state, a municipality, as defined in section 670.1,
6or a corporation providing emergency medical services to
7a municipality pursuant to a written contract, that was
8purchased, delivered, or refurbished on or after July 1,
92021, excluding an all-terrain vehicle or a special service
10vehicle, shall be equipped with a two-hundred-watt electric
11or electronic siren capable of emitting at least two distinct
12siren tones, and one or more compatible siren speakers.
136. An authorized emergency vehicle’ssiren, whistle,
14air horn, or bell shall not be used except when the vehicle
15is operated in response to an emergency call or an incident
16dangerous to the public, in a parade or designated public
17service event, for a demonstration, for maintenance, or in
18the immediate pursuit of an actual or suspected violator of
19the law, and the driver of the vehicle shall sound the siren,
20whistle, air horn, or bell when the driver reasonably believes
21 necessary to warn pedestrians and other drivers of the approach
22of the vehicle.
237. For purposes of this section:
24a. “Electric siren” means an audible warning device that
25produces sound using an electric motor with an attached
26rotating slotted or perforated disc.
27b. “Electronic siren” means an audible warning device
28that produces sound electronically using amplifiers and
29electromagnetic speakers.
30 Sec. 8. Section 321.451, subsection 1, Code 2021, is amended
31by adding the following new paragraphs:
32 NEW PARAGRAPH. g. A vehicle owned or operated by a
33certified chief or certified fire officer of a volunteer fire
34department, a fire department comprised of a combination of
35volunteer and paid members, or a nonprofit corporation that
-6-1delivers emergency services on behalf of a municipality, as
2defined in section 670.1, pursuant to a written contract, if
3the application for a certificate of designation is requested
4by the chief of the fire department. However, the department
5shall not approve an application received pursuant to this
6paragraph unless the owner or operator, as applicable, of the
7vehicle has completed an emergency vehicle operations course
8approved by the fire service training bureau, as described
9in section 100B.6, provided proof of certification as a fire
10officer, and provided proof of financial liability coverage or
11risk pool coverage.
12 NEW PARAGRAPH. h. A vehicle owned or operated by a chief
13or medical director of an authorized emergency medical service
14provider, if the application for a certificate of designation
15is requested by a medical director of, a medical officer of, or
16the chief of the authorized emergency medical service provider.
17However, the department shall not approve an application
18received pursuant to this paragraph unless the owner or
19operator, as applicable, of the vehicle has completed an
20emergency vehicle operations course approved by the department
21of public health, and provided proof of financial liability
22coverage or risk pool coverage.
23 Sec. 9. Section 321.451, Code 2021, is amended by adding the
24following new subsections:
25 NEW SUBSECTION. 4. A public or private employer shall
26not require an employee or volunteer to apply for or maintain
27a certificate of designation pursuant to this section as a
28condition of employment or of permitting the person to continue
29to volunteer. A person shall not be required to operate or
30use a vehicle designated as an authorized emergency vehicle
31pursuant to this section.
32 NEW SUBSECTION. 5. This section shall not be construed
33to exempt the state or a municipality, as defined in section
34670.1, from any duty to purchase, equip, maintain, or otherwise
35provide authorized emergency vehicles to meet any requirement
-7-1to provide public services, including law enforcement, fire
2protection, rescue, or emergency medical services.
3 Sec. 10. EFFECTIVE DATE. This Act, being deemed of
4immediate importance, takes effect upon enactment.
5 Sec. 11. APPLICABILITY. The following applies to causes of
6action accrued on or after the effective date of this Act:
7The section of this Act enacting section 321.231B.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11OPERATION IN EMERGENCY SITUATIONS. This bill allows
12the driver of an authorized emergency vehicle to exercise
13the privileges set forth in Code section 321.231 when in
14pursuit of a perpetrator of a misdemeanor, in addition to
15the circumstances allowed under current law. The bill also
16allows the drivers of official fire department vehicles, police
17vehicles, rescue vehicles, ambulances, emergency management
18vehicles, emergency medical services vehicles, and peace
19officers riding a police bicycle to proceed past a red or
20stop signal or stop sign, but only after slowing down as an
21emergency vehicle driver may deem reasonable for safe operation
22in the same or similar circumstances based on information known
23to the driver at the time, and to exceed the maximum speed
24limits so long as the driver acts reasonably and in good faith.
25Under current law, authorized emergency vehicles are
26permitted to operate in this manner only when such vehicles are
27making use of an audible or visual signaling device, except a
28vehicle operated by a peace officer is not required to use an
29audible or visual signaling device if the officer is pursuing a
30suspected violator of a speed limit. The bill instead requires
31the use of an audible warning device or emergency lights, and
32provides that a peace officer is not required to use an audible
33warning device or emergency lights if the officer reasonably
34believes based on the facts and circumstances at the time that
35a suspected violator’s knowledge of the officer’s proximity may
-8-1cause the suspected violator to destroy evidence of a suspected
2felony or aggravated misdemeanor, evade apprehension, or
3endanger the public or the officer. However, the bill permits
4such action only if the action does not recklessly endanger
5persons or property.
6The bill provides that the driver of an authorized emergency
7vehicle transporting a patient to a hospital is not required
8to use emergency lights or an audible warning device while
9exceeding a speed limit if a certified emergency medical care
10provider reasonably believes the patient’s condition warrants
11limited use of the vehicle’s emergency lights or audible
12warning device, provided the driver activates the vehicle’s
13audible warning device when necessary to warn motorists or
14pedestrians of the vehicle’s approach, or when approaching an
15intersection.
16The bill further provides that a peace officer operating an
17authorized emergency vehicle may execute a pursuit intervention
18technique, as defined in the bill, if such execution is
19reasonable under the circumstances based on the information
20available to the officer at the time, and the officer
21has completed a training course approved by the Iowa law
22enforcement academy that instructs participants in the proper
23execution of pursuit intervention techniques.
24By operation of law, a violation of these provisions of the
25bill is punishable by a scheduled fine of $135.
26PARADES AND EVENTS. The bill allows the driver of an
27authorized emergency vehicle to operate the vehicle as part of
28an official governmental event for the purposes of the safety
29and security of an elected official, candidate for public
30office, or the public, or as part of a parade or other public
31service event if the parade or event is approved by the state
32or a municipality and notice of the parade or event is publicly
33disseminated by the state or municipality at least five days
34prior to the date on which the parade or event will occur. In
35addition, the bill allows an authorized emergency vehicle to
-9-1operate in a parade or event while displaying the vehicle’s
2lighting devices.
3IMMUNITY FROM LIABILITY. The bill provides that a certified
4fire fighter, emergency medical care provider, peace officer,
5reserve peace officer, or emergency management agency employee
6who has completed certain training shall not be liable for any
7injury or loss arising from the operation of an authorized
8emergency vehicle in response to an emergency call or to an
9incident dangerous to the public unless the vehicle is operated
10with reckless disregard for the safety of persons or property.
11This provision of the bill only applies when, in response to
12an emergency call or to an incident dangerous to the public,
13the authorized emergency vehicle is making use of a siren or
14flashing blue and red lights.
15The bill specifies that the driver of an authorized
16emergency vehicle shall not be liable for any injury or loss
17arising from the operation of the vehicle unless reckless
18disregard for the safety of persons or property is proven by a
19preponderance of the evidence.
20FUNERAL PROCESSIONS. The bill authorizes a driver of an
21authorized emergency vehicle to operate the vehicle as part of
22a funeral procession if approved by each municipality in which
23the funeral procession occurs. The bill allows an authorized
24emergency vehicle operating in a funeral procession to display
25the vehicle’s lighting devices.
26SIRENS AND AIR HORNS. The bill allows an authorized
27emergency medical services program, fire department, or law
28enforcement agency to equip one or more vehicles with an air
29horn. The bill requires such vehicles purchased, delivered,
30or refurbished on or after July 1, 2021, to be equipped with
31a 200-watt electric or electronic siren capable of emitting
32at least two distinct siren tones, and one or more compatible
33siren speakers.
34The bill prohibits an authorized emergency vehicle’s siren,
35whistle, air horn, or bell from being used except when the
-10-1vehicle is operated in response to an emergency call or to an
2incident dangerous to the public, in a parade or designated
3public service event, for a demonstration, for maintenance, or
4in the immediate pursuit of an actual or suspected violator
5of the law. The bill requires the driver of the vehicle to
6sound the siren, whistle, air horn, or bell when the driver
7reasonably believes necessary to warn pedestrians and other
8drivers of the approach of the vehicle.
9By operation of law, a violation of this provision is
10punishable by a scheduled fine of $45.
11DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill
12includes in the list of vehicles authorized to be designated
13as authorized emergency vehicles those vehicles owned by a
14certified chief or certified fire officer of a volunteer fire
15department, a fire department comprised of a combination of
16volunteer and paid members, or a nonprofit corporation that
17delivers emergency services; and vehicles owned by a chief or
18medical director of an authorized emergency medical service
19provider. The bill requires the completion of certain training
20and proof of financial liability coverage or risk pool coverage
21to obtain the designation.
22 The bill prohibits a public or private employer from
23requiring an employee or volunteer to apply for or maintain a
24certificate of designation for an authorized emergency vehicle,
25and from requiring a person to operate or use an authorized
26emergency vehicle.
27EFFECTIVE DATE AND APPLICABILITY. The bill takes effect
28upon enactment, and Code section 321.231B (limiting liability
29for certain authorized emergency vehicle operators), as enacted
30in the bill, applies to causes of action accrued on or after
31the effective date of the bill.
-11-th/ns