Authorizing Private Vehicles as EASV's (Use of Red Lights & Sirens)

[HazMatHarry 0]

This is a cross posting from nassaufd rant, I'm trying to gather as much information as possible so I'm putting it here and a few other places as well.

I'm doing a small policy research project and I was hoping all of you could help. What agencies in Nassau permit EMTs (even if its only on a case by case basis) to run red lights and sirens as per sections 115-c and 101 of the VTL and NYSDOH BEMS Policy Statement 01-01 (Authorizing Private Vehicles as EASV's (Use of Red Lights & Sirens)) or Sections 115-A and 101 of the VTL that allows fire chiefs to designate anyone to use lights and sirens:

"...operated by a chief or assistant chief of a fire department, or a county or deputy county fire coordinator, or county or assistant county fire marshall, or town or assistant town fire coordinator, or such vehicle when operated in an official capacity by or under the direction of such person"? What about in Suffolk, NYC, or other counties in the state?

In other words what departments, EMS or fire, allow any members (officers, ALS providers, all EMTs, etc) certified as an EMT at a minumum to run lights and sirens in thier POVs?

So far I know:

NYC

Hatzolah

Whitestone VAC

Jamaica Estates VAC

Emergency Medical Rescue (EMRNYC)

Nassau

Glen Cove EMS (Only 1 member)

Malverne VAC/Atlantic Beach Rescue/Bellmore - Merrick VAC? (only ex-chiefs)

Erie County

Lancaster VAC (ALS providers only)

Delaware County

Kortright Rural Emergency Squad-Bloomfield FD

Edited February 19, 2009 by HazMatHarry

[helicopper 1,050]

Harry,

Not sure if you meant to reference another section of the Vehicle and Traffic Law but Section 115-C is the definition of an Emergency Ambulance Service Vehicle and has nothing to do with the authority to operate with red lights and siren.

§ 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.

§ 115-a. Fire vehicle. Every vehicle operated for fire service

purposes owned and identified as being owned by the state, a public

authority, a county, town, city, village or fire district, or a fire

corporation subject to the provisions of subdivision (e) of section

fourteen hundred two of the not-for-profit corporation law or a fire

company as defined in section one hundred of the general municipal law.

Any of the following vehicles shall be fire vehicles only for the

purpose of section one hundred one of this chapter: 1. a vehicle

operated by officials of the office of fire prevention and control in

the department of state,

2. a vehicle ordinarily operated by a chief or assistant chief of a

fire department, or a county or deputy county fire coordinator, or

county or assistant county fire marshall, or town or assistant town fire

coordinator, or such vehicle when operated in an official capacity by or

under the direction of such person, and

3. a vehicle specially designed and equipped for firefighting purposes

which is regularly used for firefighting purposes by a firefighting unit

on property used for industrial, institutional or commercial purposes

and which vehicle is owned by the owner or lessee of such property.

Please update us with the citation to which you're referring that "allows fire chiefs to designate anyone to use lights and sirens". The definition of fire vehicle above and the one you reference may not confer the authority for "anyone" to use lights and siren. I would seek legal counsel before taking such a plunge and if you write to the DMV they will respond with a legal interpretation of the statute that may help guide you.

Good luck and please post the results of your research here so we can see how it turned out.

[Goose 188]

Can't speak to fire, but as far as EMS is concerned, doesn't the state need to inspect your car if you are going to use it as a battle wagon with red lights and a siren?

[helicopper 1,050]

Can't speak to fire, but as far as EMS is concerned, doesn't the state need to inspect your car if you are going to use it as a battle wagon with red lights and a siren?

Not at the BLS level.

But I'd be sure to check with my insurance carrier to make sure such operation was covered within my policy and/or make sure my agency covered me during such operations.

[HazMatHarry 0]

Whoops, Thanks CL.

It's section 115-A coupled with section 101 that allows fire chiefs to authorize red lights and siren. I corected the first post. Anecdotally, some agencies use that authority to authorize member's POVs as emergency vehicles. 115-c and 101 designate EASVs as emergency vehicles. Section 375 is what allows emergency vehicles defined under section 101 to operate red lights and sirens.

My read on 115-A is that the line "or such vehicle when operated in an official capacity by or under the direction of such person" is what allows chiefs to make such an authorization.

I cant find the quote right now but I read somewhere that DOH didnt want to deal with the paperwork for authorizing a BLS FD members car as a EASV and instructed the department to authorize it under 115-A

Edited February 19, 2009 by HazMatHarry

[x648eng119 2]

Not at the BLS level.

Chris, not to second guess you, but are you 100% on that? The two officers of Croton EMS that have red lights in their POVs both have NYS DOH inspection stickers, and when the officers of Cortlandt VAC did, they too had DOH inspection stickers. I also remember looking up something similar under the DOH part 800 for BLS First Response vehicle. In order to operate as an emergency vehicle, there were Part 800 requirements to be met.

[64FFMJK 21]

I built a BLS first responce vehicle for my last fire district and we tried to get it inspected when the DOH was doing their yearly inspection and were told that "BLS first responce" vehicles are not inspected by the NYSDOH. Direct from the DOH inspectors mouth to my ears

[Guest Engine1]

In NYS, an agency can assign one of their vehicles to be an EASV (Emergency Ambulance Service Vehicle). This vehicle has red lights and sirens, is authorized by the STATE, and carries the DOH inspection sticker. This is how ALL EMS fly cars are allowed to be equipped with red lights and sirens. Furthermore, an Agency can allow its members, EMT at minimum, to register their PERSONAL vehicle as an EASV, and thus they are again, through the state, granted the authority to have red lights and siren. This is at the BLS level, and this is how all agencies have fly cars (including paid agencies), and this is how Hatzolah and others get away with having red lights and sirens in their cars.

The legal authority is coming from the state, due to the NYS-DOH inspection sticker on the vehicle. The vehicle must comply with part-800 for EASV requirements.

[towerladder2 22]

My interpretation of that section is that any vehicle operated by the Chief, asst. Chief, coordinator, or marshal is allowed to have the lights and siren in their personal vehicle. It says " such vehicle when operated in an official capacity"( when the Chief or whomever, is in their personal vehicle, or whoever is driving the chief, "under the direction"......may use lights and siren.

Just what I get from that..........For whatever it's worth........

[smwells 7]

I don't have the section number handy, But NYS used to allow EMTs to run Redlights and Siren, but it was left in the hands of the agency to authorize their use, since they were acting on behalf of them when responding.

My department has had several members over the years ask for permission, but were denied as it creates a potenial liablity to the agency if they had an accident.

Not sure if anything has changed in the laws recently that would change the above.

[RWC130 594]

NYS DOH does inspect POV's that have Red Lights and Siren.

BLS and ALS

You are issued a DOH Sticker for the windshield just like the Ambulance.

I know of several EMS agencies that have done this.

Also, you are issued a Red Light Card just like the Blue/Green Light Cards.

As far as Hatzolah (with all due respect) I think they can pretty much

do anything they want with Lights and Siren.

GOOD LUCK!

[Goose 188]

Yeah, i was going to say...BLS and ALS get inspected and have to display the NYS DOH certified sticker on 3 sides and the inspection sticker on the left.

Hatzolah can do whatever the hell they want, i remember when i was working across the river once i saw an Acura TL with red grill lights and a siren.

[chovesh 1]

For the record: hatzalah issues all the equipment required by Part 800 to its members (both ALS and BLS). Each car is registered as a fly car. They have state DOH inspection stickers.

And yes, Hatzalah members like Acuras... almost as much as they like big black SUVs

[64FFMJK 21]

NYS DOH does inspect POV's that have Red Lights and Siren.

BLS and ALS

You are issued a DOH Sticker for the windshield just like the Ambulance.

I know of several EMS agencies that have done this.

Also, you are issued a Red Light Card just like the Blue/Green Light Cards.

As far as Hatzolah (with all due respect) I think they can pretty much

do anything they want with Lights and Siren.

GOOD LUCK!

only true if the agency you belong to Transports PT's. When my last dept. took its ambulance out of service we took an old chiefs explorer and made it into a fly car and were told by DOH that since we no longer transport we would need a new agency number and they wold no longer inspect our vehicles. also they stated that we no longer needed to do PCR's but instead could use first responder forms.

[smwells 7]

also they stated that we no longer needed to do PCR's but instead could use first responder forms.

I may have missed something as an EMT, I have never heard of/seen a 'First Responder' form? Does anyone have a copy they can post, what is different?

Sorry for going off-topic.

[Guest EFFP411]

I may have missed something as an EMT, I have never heard of/seen a 'First Responder' form? Does anyone have a copy they can post, what is different?

Sorry for going off-topic.

It's basically the same thing as a PCR, except some of the information and setup is a little different, and it says something to the effect of "First Responder form" at the top. An example, the New Hamburg FD uses them, because they don't have an FD ambulance... so does IBM EC. They certainly come in handy when it comes to filling out paperwork, because 90% of the time, the first responders will have all of the PTs information already, allergies, Meds, etc. and they will just hand the ambulance crew the "Pink copy" of their form so we don't have to ask the same 30 questions all over again. If i can, i will get a picture or scan of one to post to give you a better idea of what it looks like.