Request By:
Mr. David E. Jansing, Patrolman
Kenton County Patrol
5766 Madison Pike, Ky. 17
Independence, Kentucky 41051
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising a question concerning the interpretation of KRS 189.950 (4) which provides as follows:
"Any person who is a regular or voluntary member of any fire department furnishing fire protection for a political subdivision of the state or any person who is a regular or voluntary member of a rescue squad may equip his vehicle with red flashing, rotating, or oscillating lights and a siren, bell or exhaust whistle if he has first been given permission, in writing, to do so by the chief of the fire department or rescue squad. He may use such lights and equipment only while proceeding to the scene of a fire or other emergency in the performance of his official duties as a member of a fire department or rescue squad. " (Emphasis added).
You state that a volunteer member of the Fort Mitchell Fire Department, who has written permission from the chief of his fire department to equip his vehicle with flashing red lights and a siren, recently transported a child suffering from a broken arm to a local medical center. Your question is whether the firefighter violated the provisions of KRS 189.950 (4) by transporting the child to the medical center from the scene of the accident, using his flashing red lights and siren in the process.
KRS 189.950 (4) constitutes an exception to the general prohibition against the use of flashing lights and sirens by nonemergency vehicles. The statutory exception, however, is somewhat limited in its scope and a person relying upon the exception must satisfy all requirements before he can legally operate his vehicle with flashing lights and a siren.
Not only must the regular or volunteer member of the fire department have written approval from the chief of his fire department before he can equip his private vehicle with flashing lights and a siren, but he can only use the flashing lights and siren while proceeding to the scene of a fire or other emergency in the performance of his official duties as a member of the fire department. The statute specifically limits the use of such equipment to those situations where the fireman is proceeding to the scene of a fire or other emergency. No mention is made of firemen being authorized to use flashing lights and sirens on their vehicles while in the process of departing from the scene of a fire or other emergency.
Thus, while the fireman whose chief has authorized him, in writing, to equip his vehicle with flashing red lights and a siren may utilize those devices while proceeding to the scene of a fire or other emergency in the performance of his official duties as a member of the fire department, he may not utilize his flashing red lights and siren while departing from the scene of a fire or other emergency. If it was determined that the accident victim needed to be rushed to a hospital and could not be transported under normal driving conditions, then an ambulance or other authorized emergency vehicle should have been called to the scene. The fireman did not have the authority to utilize his flashing red lights and siren to depart from the scene and transport the accident victim to the hospital.