NY Court Of Appeals Rules Firefighters May Direct Traffic

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Interesting story. Apparently, some dude didn't think he had to stop because "firefighters dont have the right to direct traffic".

NY Court of Appeals rules volunteer firefighters may direct, regulate traffic 

 

Jill Miller 

 

Vehicle and Traffic Law § 1102 permits a fire chief to direct firefighters to regulate and direct traffic at the scene of a fire or accident.

This was the finding of the New York State Court of Appeals in People v. Aaron J. Loren. The defendant ran through a roadblock set up by members of a volunteer fire department and was ticketed for violating VTL § 1102. He claimed he didn't violate the law because volunteer firefighters do not have the authority to regulate traffic. 

The state's highest court disagreed with the defendant's assertion and affirmed the order of county court, convicting the defendant of violating VTL § 1102.

The Facts

On Dec. 17, 2003 units from the Village of Poland Volunteer Fire Department responded to a car accident on a public road. They were dispatched to the accident by the department's chief.

The chief ordered two firefighters, Mary Reddington and Edward Squire, to close the street to southbound traffic. Neither Reddington or Squire had been designated as a "fire police" officer.

The two set up a roadblock using flares and Squire's personal vehicle, with its blue emergency lights turned on. Reddington was dressed in full firefighter's "turn out" gear. Squire wore a green fluorescent vest and was holding an orange highway flag.

The defendant, Aaron J. Loren, approached the roadblock from the north and ignored the firefighters' orders to stop. The defendant swerved into the northbound lane and continued southward. Other drivers attempted to follow the defendant around the roadblock.

Squire and Reddington ran after the defendant, shouting and waving their arms and the orange flag. The defendant stopped his car briefly and Squire opened the passenger door in an attempt to identify the defendant.

The defendant refused to give his name and with Squire wedged between the door and the passenger compartment attempted to drive off. Eventually, the defendant stopped his car and told Squire he planned to drive home. Squire stated he was going to call the state police and the defendant drove off.

A state police officer went to the defendant's home and issued him a ticket for violating Vehicle and Traffic Law § 1102. Specifically the law states, "no person shall fail to or refuse to comply with any lawful order or direction of any police officer or flagperson or other person duly empowered to regulate traffic."

Before the village court, the defendant argued he did not violate VTL § 1102 because volunteer firefighters are not members of a fire police squad and have no authority to direct traffic.

The village court judge disagreed and concluded a fire chief has the authority to direct traffic at the scene of an emergency and can delegate this responsibility to subordinates. Hence the judge held the defendant violated VTL § 1102.

County court affirmed the decision and a judge of the New York State Court of Appeals granted leave to appeal.

Court Ruling

In order to render a decision, the Court of Appeals reviewed VTL § 1602 - the "emergency rule." Specifically, it states, "in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians or property ... [a] person empowered to regulate traffic at the scene may, to the extent authorized by local law, ordinance, order, rule, regulation or administrative code provision adopted by local authorities with respect to highways within their corporate boundaries, direct traffic as conditions may require notwithstanding the provisions of this chapter ... ."

"We have little difficulty in concluding that the 'emergency rule' authorizes a fire chief to direct traffic at the scene of an accident or fire,"  wrote Judge Albert M. Rosenblatt in the decision for the court. "A fire chief's responsibility to coordinate a department's response to an emergency necessarily includes the power both to keep the public out of harm's way and to keep people from obstructing firefighters' all-important mission of protecting life and limb."

The court also concluded that fire chiefs can delegate their VTL § 1602 authority to regulate traffic to their subordinates.

"Village Law § 10-108 specifies that the fire chief shall 'have exclusive control of the members [of the department] at all fires,'" Judge Rosenblatt wrote. "Our interpretation of this language respects the fire chief's authority to direct firefighters to undertake tasks critical to public safety, such as diverting traffic away from the scene of a fire or dangerous accident."

The order of the county court was affirmed. 

 

May 4, 2005 

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"We have little difficulty in concluding that the 'emergency rule' authorizes a fire chief to direct traffic at the scene of an accident or fire," wrote Judge Albert M. Rosenblatt in the decision for the court. "A fire chief's responsibility to coordinate a department's response to an emergency necessarily includes the power both to keep the public out of harm's way and to keep people from obstructing firefighters' all-important mission of protecting life and limb."

How about protecting his manpower as well!?!?!?!?

Screw laws - I say it's common sense!. What a d****hbag

[Truck4 48]

Let me break this down into what it means, and doesn't mean, for Volunteer Firefighters.

Section 1102 reads police officer, flag person or any person rightfully delegated by an authority. This is not where the grounds of the violation are based.

Section 1602 leaves the rightfully delegated authority up to the local jurisdiction's city, town or village code. As with many local ordinances, state law can be overruled by local law. For example, towns that ban overnight parking on the street.

Where this guy was convicted was in the local ordinance. The Town of Poland has a local law on the books designating the Fire Chief as having a say in traffic regulation at his scenes. The Appeals Court basically deferred decision to what exists in the town's own law.

If your town or village or city does not have a similar local ordinance written, you will not have the same authority as in this case.

This boob, from what it looks like, knew the difference between firefighters, police and fire-police and thought he could blow them off. The problem that exists is that a police officer cannot issue a summons for a violation of the Vehicle and Traffic Law in regards to "Rules of the Road" if he did not witness the infraction. I do not know why the ticket stood in court to begin with. He could have written a town ordinance violation summons based on evidence and witness accounts. The Fire Chief most likely could have issued the town summons if he was at scene. The driver of the vehicle also could have been charged criminally based on what is stated in the article, if it was determined that he tried to strike a person or recklessly placed the guys in a harmful situation.

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The problem that exists is that a police officer cannot issue a summons for a violation of the Vehicle and Traffic Law in regards to "Rules of the Road" if he did not witness the infraction.

He can based on the complaint of the firefighter as long as a supporting deposition is filed AND the firefighter would have to appear in court.

[Truck4 48]

Then who signs the simplified traffic information?

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The officer or trooper who took the complaint from the firefighter.

I've been through this. I wrote the supporting deposition and the Town PO wrote out the UTT and sent it to the operator of the vehicle.

I had to appear in court and testify to the facts of my deposition and that the defendant was in fact the operator of the vehicle.

The ticket was upheld and I won the case!!

I also disagree with the "town ordinance" as you state- NYS VTL 1102 states "person duly authorized to regulate traffic"- you do not have to be a sworn Fire Police Officer to "regulate" traffic. What do you think career departments do- who don't have Fire Police- generally the Ladder Company does the traffic control- they are "duly authorized" even without a Chief on scene, because it's written in the SOP's that the Ladder Company does traffic control- that also is a CHief's order and has stood up in court!

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Read the Court decision. They came to the ruling based on the Town ordinance. Just because it's in your SOP does not make it law. The fact that the V & T states "duly reconized person" doesnt mean just anyone, it has to backed up by some other local provision. What might be acceptable in one courtroom may not be in another. If the person files an appeal, there has to be a legal standing guideline, as with the case in Poland, to back up who the "duly recognized person" is.