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arealissueonhereforonce
03-03-2011, 03:22 PM
I learned the other night that chauffeurs will no longer be indemnified of liability if involved in and accident while responding no lights or sirens (Signal 4 in Suffolk as in alpha call response). Why they would change this is beyond me its just becomes motivation to go hot to every alarm which is unnecessary and dangerous. This is definitely an issue we should be addressing with our local politicians. This rule is more likely to motivate responders to
1: Not drive 2: Respond hot. 3: Be extra careful.

3 is the best choice of course but accidents happen and to be at the risk of being sued while volunteering you time is crazy.

3333
03-03-2011, 04:11 PM
Do you know if this is the same for paid and volunteer chauffers?

non-driver
03-03-2011, 08:07 PM
I chose option 1 several years ago. There's no reason why I should put everything I've earned in my lifetime on the line to drive an ambulance for a volunteer organization.

whygohot
03-04-2011, 07:07 AM
I learned the other night that chauffeurs will no longer be indemnified of liability if involved in and accident while responding no lights or sirens (Signal 4 in Suffolk as in alpha call response). Why they would change this is beyond me its just becomes motivation to go hot to every alarm which is unnecessary and dangerous. This is definitely an issue we should be addressing with our local politicians. This rule is more likely to motivate responders to
1: Not drive 2: Respond hot. 3: Be extra careful.

3 is the best choice of course but accidents happen and to be at the risk of being sued while volunteering you time is crazy.

I am not positive, but it may be due to fact that if lights are off it is considered a non emergency. If non emergency you are required to have a CDL to drive again may have been changed (see below) stay safe
In 2005 large sections of law were amended as part of a statewide bond act that had passed in New York State. State officials believed, at that time, that the then full exemption of CDL requirement for the fire service would make New York State non-compliant with federal highway safety standards, and therefore ineligible for millions of dollars in highway funds. Two of the laws changed, therefore, were sections 501 (2)(d)(i) and 501-a (4)((iii) of the New York State Vehicle and Traffic Law. To our knowledge this change went unnoticed by all state fire service organizations.

In the Fall of 2008, at the request of local fire departments the Suffolk County Department of Fire, Rescue and Emergency Services contacted the New York State Department of Motor Vehicle to ask what impact the 2005 law had on CDL requirements for the fire service. The response from DMV to the Commissioner makes it clear; “During non-emergency operation however, the police or fire vehicle will be considered to be a Commercial Motor Vehicle (CMV) if it falls within one or more of the definitions of CMV found in section 501-a(4)(a) and a CDL would be required to operate the vehicle.” Most engines, heavy rescue, and aerial apparatus would qualify as a CMV. Therefore, as of the passage of the law in 2005 CDL’s have been required for any fire apparatus that would meet the requirement of a CMV for parades, drills, building inspections, public education events, returning from calls or any other purpose except driving to an emergency. The problems this creates are too numerous to mention.

2323
03-04-2011, 07:30 AM
Has there been any further investigation of this 2008 ruling? I know there was talk of a revision of the statutes such that a CDL was not required in a "blanket sort of way." But short of some ruling in writing, has there truly been further discussion?

X30
03-04-2011, 10:31 AM
For those of you who might not be aware, in response to the outcry resulting from the apparant requirement for a CDL to operate a fire vehicle, Section 501 of the Vehicle and Traffic Law was amended as follows:

(d) Exceptions. (i) Notwithstanding the foregoing provisions of this
subdivision, a motor vehicle or combination of vehicles, other than a
motorcycle, that is (A) a military vehicle operated by a member of the
armed forces, or (B) a police vehicle or fire vehicle during its use in
an emergency operation as defined in section one hundred fourteen-b of
this chapter, or in the performance of official duties, or activities
related to the execution of emergency governmental functions pursuant to
section 383.3 (d)(2) of title 49 of the code of federal regulations, or
(C) a vehicle owned and identified as being owned by the state or a
political subdivision thereof or an ambulance service as defined in
subdivision two of section three thousand one of the public health law
or a voluntary ambulance service as defined in subdivision three of such
section and used to provide emergency medical service as defined in
section three thousand one of the public health law, or to perform
official duties, or activities related to the execution of emergency
governmental functions pursuant to section 383.3 (d)(2) of title 49 of
the code of federal regulations, may be operated with any class license
other than a class DJ, M or MJ license. For the purposes of this
paragraph the term "member of the armed forces" shall include active
duty military personnel; members of the reserve components of the armed
forces; members of the national guard on active duty, including
personnel on full time active guard duty, personnel on part-time
national guard training, and national guard military technicians
(civilians who are required to wear military uniforms); and active duty
United States coast guard personnel. The term shall not include United
States reserve technicians. Notwithstanding the provisions of section
one hundred fourteen-b of this chapter, for the purposes of this
subparagraph, the term "emergency operation" shall include returning
from emergency service.

Please continue to drive carefully and with due regard for all others on the road.

2323
03-04-2011, 11:19 AM
Thanks for the info.

Unregisteredyrj
03-04-2011, 11:33 AM
I learned the other night that chauffeurs will no longer be indemnified of liability if involved in and accident while responding no lights or sirens (Signal 4 in Suffolk as in alpha call response). Why they would change this is beyond me its just becomes motivation to go hot to every alarm which is unnecessary and dangerous. This is definitely an issue we should be addressing with our local politicians. This rule is more likely to motivate responders to
1: Not drive 2: Respond hot. 3: Be extra careful.

3 is the best choice of course but accidents happen and to be at the risk of being sued while volunteering you time is crazy.


Indemnified or not, if you cause the accident and are proven the cause of the accident either way you can be held liable. Not to say this is why your are stating this but, no chauffer should be responding with the mind set that they can do what they want because the either a volly fire fighter or emt, or because there driving signal 2, lights and sirens. The point is to help the community, not endanger them. If people are going to stop driving because of this, then to me that says they are not comfortable with themselves driving, and probably should not have been driving in the first place. The only way you will be held accountable is if your are at fault, or caused the accident.

Unregistered///////11530
03-04-2011, 12:00 PM
Indemnified or not, if you cause the accident and are proven the cause of the accident either way you can be held liable. Not to say this is why your are stating this but, no chauffer should be responding with the mind set that they can do what they want because the either a volly fire fighter or emt, or because there driving signal 2, lights and sirens. The point is to help the community, not endanger them. If people are going to stop driving because of this, then to me that says they are not comfortable with themselves driving, and probably should not have been driving in the first place. The only way you will be held accountable is if your are at fault, or caused the accident.

Well put.

I volunteer @ Church.

If I cause an accident while volunteering should the Church pay for my accident?

Unregistered///////11530
03-04-2011, 12:03 PM
Indemnified or not, if you cause the accident and are proven the cause of the accident either way you can be held liable. Not to say this is why your are stating this but, no chauffer should be responding with the mind set that they can do what they want because the either a volly fire fighter or emt, or because there driving signal 2, lights and sirens. The point is to help the community, not endanger them. If people are going to stop driving because of this, then to me that says they are not comfortable with themselves driving, and probably should not have been driving in the first place. The only way you will be held accountable is if your are at fault, or caused the accident.

Well put.

I volunteer @ my church.

If I cause an accident while I am volunteering should the church be held responsible?

agreements
03-04-2011, 01:15 PM
As stated we should always follow the rules don't just blow through lights, be careful, there is no need to drive like a moron and most of us don't. Watch your speed my departments rigs are all governed. If you don't get the the call you can't help at it

Unregisteredredlight
03-04-2011, 11:04 PM
As stated we should always follow the rules don't just blow through lights, be careful, there is no need to drive like a moron and most of us don't. Watch your speed my departments rigs are all governed. If you don't get the the call you can't help at it

Any volunteer firefighter who drives through a red light while responding is a complete tool.

doyoureadbeforeyoupost
03-04-2011, 11:10 PM
Any volunteer firefighter who drives through a red light while responding is a complete tool.

Are you referring to someone responding in their personal vehicle because that's not what we are talking about here. I d agree that blowing red lights in your personal vehicle is a no no and with all the red light cams around now I'm sure it will be a rarity

absolutelyamazed
03-06-2011, 07:43 PM
I find it pathetic that this thread is on here and has only 12 comments when it is actually important info yet all the other threads about complete bu!!s#it goes on forever. There are a lot of people on this site that have their priorities in the wrong place. Thanks for the info I'll have my Department look into it.

UnregisteredWTFWTFWTF
03-08-2011, 04:54 PM
this site wont let me post a new thread and has deleted two thread that addressed the bad image this site presents of us and then one about life safety ropes i commented in now it wont let me post any new threads and it wont let me email the admin when it tells me to.

YOU ARE ALL BEING MANIPULATED TO MAKE THE FIRE SERVICE LOOK BAD THEY DELETED A THREAD THAT CRITICIZED THIS FACT AND THEY A THREAD THAT WOULD HAVE BEEN HELPFUL THEY WANT US TO LOOK LIKE IDIOTS

74687688
04-06-2011, 08:57 AM
what

Unregistereddimbulb
05-03-2011, 05:24 PM
Says Watt?