senate Bill S745

Outlines when certain vehicles shall be considered an emergency ambulance service vehicle

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO TRANSPORTATION
  • 28 / Feb / 2013
    • 1ST REPORT CAL.134
  • 04 / Mar / 2013
    • 2ND REPORT CAL.
  • 05 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 12 / Mar / 2013
    • PASSED SENATE
  • 12 / Mar / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Mar / 2013
    • REFERRED TO TRANSPORTATION

Summary

Outlines when certain vehicles shall be considered an emergency ambulance service vehicle; provides that every vehicle operated for emergency medical service purposes owned by an entity or agency of the state, a public authority, a county, town, city or village certified pursuant to section three thousand five of the public health law to operate an ambulance or advance life support first response service, for the purposes of section one hundred one of the vehicle and traffic law shall be considered an emergency ambulance service vehicle.

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Bill Details

Versions:
S745
Legislative Cycle:
2013-2014
Current Committee:
Assembly Transportation
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §115-c, V & T L
Versions Introduced in 2011-2012 Legislative Cycle:
S5598

Sponsor Memo

BILL NUMBER:S745

TITLE OF BILL:
An act
to amend the vehicle and traffic law, in relation to emergency
ambulance service vehicles

PURPOSE:
To include within the definition of "emergency ambulance service
vehicle", vehicles operated by supervisory officers and medical
directors so as to provide such vehicles authority to circumvent
certain rules of the road during an emergency response in the same
manner as other emergency vehicles are may currently

SUMMARY OF PROVISIONS:
This bill would amend Vehicle and Traffic Law § 115-c to include
within the definition of "emergency ambulance service vehicle",
vehicles operated by supervisory officers and medical directors.

EXISTING LAW:
Current law provides that vehicles operated by a chief or assistant
chief of a fire department are considered authorized emergency
vehicles.

JUSTIFICATION:
Vehicle and Traffic Law § 1104 provides that the driver of an
authorized emergency vehicle, when involved in an emergency
operation, and with due regard for the safety of others, may proceed
through a red light or a stop sign after slowing down; exceed the
speed limit, so long as the driver does not endanger life or
property; and disregard regulations governing directions of movement
or turning in specified directions. Under VTL § 101, "Authorized
emergency vehicles" include police vehicles, fire vehicles and
emergency ambulance service vehicles.

The VTL specifically provides that a vehicle ordinarily operated by a
"chief or assistant chief of a fire department" (as well as by a "a
county or deputy county fire coordinator, or county or
assistant county fire marshal, or town or assistant town fire
coordinator") may be considered a "fire vehicle" for the purposes of
being considered an authorized emergency vehicle" (VTL § 115-a). The
VTL has no parallel provision with respect to EMS operations. The VTL
definition of an emergency ambulance service vehicle relates to motor
vehicles operated for the purpose of "transporting emergency medical
personnel and equipment to sick or injured persons" (VTL § 115-c).
The motor vehicles operated by EMS chief officers and supervisors as
command or conditions cars are operated primarily for the purpose of
overseeing field operations.
Accordingly, they are not generally equipped in the same manner as
"emergency ambulance service vehicles."

Given that the VTL recognizes that the vehicles operated by fire
chiefs and their assistants should be deemed to constitute fire
vehicles, even though the vehicles are not themselves used for
firefighting operations and the chiefs and supervisory personnel that
they transport typically oversee, and do not perform, fire


operations, there is no reason why there should not be a parallel
provision for EMS chiefs and supervisory personnel.

The day-to-day supervision of EMS personnel requires the. rapid
response of EMS field supervisors to medical emergencies. Field
supervisors are required to provide oversight and guidance at a
variety of medical emergencies, including those involving cardiac
arrests, emotionally disturbed persons, hazardous materials incidents
and rescue operations. In addition, EMS chiefs and medical directors
provide high level operational and medical supervision at larger and
more complex incidents, ranging from mass casualty motor vehicle
accidents to terrorist incidents. The law should, therefore, be clear
as to their ability to get through crowded city streets.

LEGISLATIVE HISTORY:
2011-2012 Passed Senate (S.5598/A.9935)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   745

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  FUSCHILLO, LARKIN, LAVALLE, MAZIARZ -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  emergency
  ambulance service vehicles

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 115-c of the vehicle and traffic law, as added  by
chapter 142 of the laws of 1981, is amended to read as follows:
  S 115-c. Emergency  ambulance  service vehicle. An emergency ambulance
service vehicle shall be defined  as  an  appropriately  equipped  motor
vehicle  owned or operated by an ambulance service as defined in section
three thousand one of the public health law and used for the purpose  of
transporting  emergency  medical  personnel  and  equipment  to  sick or
injured persons. PROVIDED HOWEVER, THAT EVERY VEHICLE OPERATED FOR EMER-
GENCY MEDICAL SERVICE PURPOSES OWNED BY  AN  ENTITY  OR  AGENCY  OF  THE
STATE,  A  PUBLIC  AUTHORITY,  A COUNTY, TOWN, CITY OR VILLAGE CERTIFIED
PURSUANT TO SECTION THREE THOUSAND FIVE OF  THE  PUBLIC  HEALTH  LAW  TO
OPERATE  AN  AMBULANCE  OR  ADVANCE LIFE SUPPORT FIRST RESPONSE SERVICE,
WHEN OPERATED IN AN OFFICIAL CAPACITY BY OR UNDER  THE  DIRECTION  OF  A
SUPERVISORY  OFFICER  OR  THE  MEDICAL DIRECTOR OF SUCH ENTITY OR AGENCY
SHALL BE CONSIDERED AN  EMERGENCY  AMBULANCE  SERVICE  VEHICLE  FOR  THE
PURPOSES OF SECTION ONE HUNDRED ONE OF THIS ARTICLE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01419-01-3

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