senate Bill S5598

2011-2012 Legislative Session

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

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 16, 2012 referred to transportation
delivered to assembly
passed senate
May 07, 2012 advanced to third reading
May 02, 2012 2nd report cal.
May 01, 2012 1st report cal.678
Jan 04, 2012 referred to transportation
returned to senate
died in assembly
Jun 20, 2011 referred to transportation
delivered to assembly
passed senate
ordered to third reading cal.1396
committee discharged and committed to rules
Jun 06, 2011 referred to transportation

Votes

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May 1, 2012 - Transportation committee Vote

S5598
18
0
committee
18
Aye
0
Nay
0
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Transportation committee vote details

Jun 20, 2011 - Rules committee Vote

S5598
23
0
committee
23
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S5598 - Bill Details

See Assembly Version of this Bill:
A9935
Current Committee:
Law Section:
Vehicle and Traffic Law
Laws Affected:
Amd §115-c, V & T L

S5598 - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S5598 REVISED 04/20/12

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: Passed Senate (S.5598)

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

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

                                  5598

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 6, 2011
                               ___________

Introduced by Sen. FUSCHILLO -- 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.
                                                           LBD11963-01-1

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