Posted: 7/18/2006 8:54:41 PM EDT
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In the state of Nevada what is the law regarding running code 3? Is it against the law for another driver to fail to yield or is code 3 just "requesting" the right of way? Just asking since the base hospital lost one of their bambulances in an accident yesterday. The driver was running code trying to get across the intersection and someone hit him. Ambulance driver was cited for failure to yield. |
It is law that drivers will yield the right of way to an emergency vehicle running code. I heard a judge, with my own ears, say it... and quote the statute (which I am too lazy to look up  )HOWEVER, as an emergency vehicle operator, we can be found at fault for many reasons. It IS our duty to use due caution when doing those fun little things we do- like driving in oncoming traffice, speeding, hopping islands, etc. An example would be if we come to a red light and need to go through it. Well, it is required that we come to a stop and wait for any cross traffic to yield to us. If drivers were just blatantly ignoring us, then I would imagine the LEO's could cite them. But if we were to just blast through the intersection without taking that due caution to clear the intersection, and got into an accident, then we could/would be cited... It's a difficult thing to do sometimes... driving code. Especially in Vegas where right now everyone has their windows up tight, the A/C blasting, and the radio blasting. We can be, and are usually right on their asses before they look up into their mirrors and see us... then it never fails, we get 3 reactions... first they hit the breaks, then they yank the wheel to the left out of panic, then they come to their senses and move to the right. Oh, and the same judge said that yes, if you're going in the opposite direction as an emergency vehicle (say you're going eastbound and they are coming westbound) you still have to pull to the right. The only exception to this rule is if there is a physical barrier separating the directions of travel. Sooooo, after that long-winded response, it sounds like your ambulance crew may have gotten cited because they actually had the red and were trying to get through that... Most ambulances don't have opticom (the flashing white strobe that will change their direction of travel to green and clear everyone out of the way) as that is reserved for fire and police vehicles only.  I hope the crew is okay...
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In CA the law requires that other drivers yield to a unit running code. That said, it doesn't happen all the time, and a unit running code may only proceed through an opposing signal sfter ensuring it is safe to do so. So if NV law is similar to the CA law sounds like the bambulance driver was at fault. 21055. The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Section 21800), Chapter 5 (commencing with Section 21950), Chapter 6 (commencing with 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions: (a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call. (b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians. A siren shall not be sounded by an authorized emergency vehicle except when required under this section. 21056. Section 21055 does not relieve the driver of a vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor protect him from the consequences of an arbitrary exercise of the privileges granted in that section. 21806. Upon the immediate approach of an authorized emergency vehicle which is sounding a siren and which has at least one lighted lamp exhibiting red light that is visible, under normal atmospheric conditions, from a distance of 1,000 feet to the front of the vehicle, the surrounding traffic shall, except as otherwise directed by a traffic officer, do the following: (a) (1) Except as required under paragraph (2), the driver of every other vehicle shall yield the right-of-way and shall immediately drive to the right-hand edge or curb of the highway, clear of any intersection, and thereupon shall stop and remain stopped until the authorized emergency vehicle has passed. (2) A person driving a vehicle in an exclusive or preferential use lane shall exit that lane immediately upon determining that the exit can be accomplished with reasonable safety. (b) The operator of every street car shall immediately stop the street car, clear of any intersection, and remain stopped until the authorized emergency vehicle has passed. (c) All pedestrians upon the highway shall proceed to the nearest curb or place of safety and remain there until the authorized emergency vehicle has passed. 21807. The provisions of Section 21806 shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons and property. |
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People must yield, but the driver of the emergency vehicle must use due care. It is a case law from the failure to yield statute. It will depend upon the case as to who was at fault. I have seen some ambulances, usually Southwest, dart into intersections and almost get take out. |
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Thanks for the input. I wasn't asking for any official reason. I just happened to be on base and saw the scene just after it happened. The news this morning mentioned that both drivers got cited so I was just curious as to how the ambulance driver could be cited. This was the second fucking accident I've been to at the base in 6 days. Last one was a fatal. There needs to be more traffic enforcement along LV blvd by the base. Way too many accidents at that light. |
I *think* I answered that (IM returned) but thought I'd post this here too. I'm not good at searching for case laws like RDP mentioned, maybe you could get the other stuff from one of those guys . The case laws are the ones that would probably explain the responsibility of due caution on the EVO's part, and the separation of direction of travel. Anyway, here are the Nevada statutes that I could find.
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Everyone wanted to know what was going on or telling us that an accident happened.
Next time get that shit squared away faster! It interfered with my plans for lunch. |
Hey fucker! That was all Metro working that scene. We just helped direct traffic. Metro had that whole scene wrapped up in like an hour or two. Thats because their bosses let them do their job without stepping all over their dicks unlike ours. |
