Emergency Vehicle Incident Prevention

1. Emergency Vehicle Incident Prevention Tri City Regional Fire Training Group

2. Incident vs. Accident The word accident implies that motor vehicle incidents are not preventable, it is quite the contrary. Almost all motor vehicle incidents are preventable and someone is almost always at fault. It is incumbent on all emergency vehicle operators to learn to be safe drivers and practice safe driving habits while operating apparatus.

3. Could this be your department?

4. 3 DOL Exemptions from CDL Rules: WSAFC EVIP Program VFIS Emergency Driving National Academy of Professional Driving Program (NAPD) NOTE: DOL approves, WSP accredits the lesson plan

5. The EVIP Standard 26,000 GVW is the requirement for CDL or Exceptions Most agencies use it for all emergency vehicles Review of department specific policy is in the lesson

6. Emergency Vehicle Incident Prevention Protect Yourself Your Fellow Firefighters Your community By learning to drive Safely

8. Program Outline We use the WSAFC EVIP curriculum for initial and refresher training. All new employees shall have the entire EVIP program; classroom presentation, written test, rodeo, and road test. The Fire Chief or designee shall certify instructors to deliver the classroom presentation & rodeo. The Fire Chief or designee shall approve company officers to evaluate the road test. All responders shall be tested on all types of vehicles they drive (i.e. engines, trucks, aid cars). EVIP is only required for vehicles over 26,000 GVW

9. Lesson One Some Legal Aspects of Emergency Vehicle Operations

10. Apparatus Incident Facts Over 1300 workers are killed in traffic related incidents each year On average about 20 Firefighters are killed responding to/or returning from alarms In 1999, six firefighters were killed when they were ejected from a fire apparatus.

11. EVIP = Emergency Vehicle Incident Prevention We are in the business of responding to traffic incidents to help. We should be especially mindful of preventing traffic incidents. We have a great deal of responsibility and liability as firefighters to drive and reach our destination safely.

12. Why EVIP? Congress requires commercial drivers to obtain a CDL. Each state must devise a way to ensure all commercial drivers meet the minimum standards.

13. EVIP qualifies emergency vehicle drivers in lieu of a CDL In Washington State, the DOL has accepted the fire service EVIP course as an alternative for firefighters to drive emergency vehicles.

14. The three types of regulations that emergency vehicle operators must follow: 1. Motor vehicle and traffic laws (RCWs) enacted by the state government. 2. Local ordinances. 3. Departmental policy.

15. Three principles of emergency vehicle operation: 1.Emergency vehicle operators are subject to all traffic regulations unless a specific exemption is made. 2.Exemptions are legal only in the emergency mode. 3.Even with an exemption, the operator can be found criminally or civilly liable if involved in a traffic incident.

16. State statutes concerning emergency vehicle operation. The law applies to me.

17. The law applies to me While there are laws on the books which allow us to operate emergency vehicles and give us some freedom of action the general public does not have, there are also in each section “catch phrases” which place the ultimate liability on our shoulders. So essentially, the traffic laws as written apply to each and every one of us, emergency responder or not.

18. The BIG PRINT gives it to you; the little print takes it away. In other words,

19. While responding to an alarm, you may: Park or stand your vehicle irrespective of all other laws to the contrary. Proceed past red lights and stop signs. Exceed the maximum speed limits. Disregard regulations governing the direction of movement of traffic or turning in specific directions regardless of posted signs or regulations to the contrary. The BIG PRINT gives it to you:

20. The RCW (Revised Code of Washington) reads that “the driver of an authorized emergency vehicle, when responding to an emergency call or responding to but not returning from a fire alarm, may exercise the privileges set forth, but subject to the conditions herein stated.” However, the little print takes it away.

21. While the emergency vehicle operator may “proceed past a red or stop signal or stop sign,” they may do so “only after slowing down as may be necessary for safe operation.” And the emergency vehicle operator may “exceed the maximum speed limits so long as he does not endanger life or property.” RCW 46.61.035 Look at the “little print.”

22. The RCW continues, “the exemptions . . . granted to an authorized emergency vehicle shall apply only when such vehicle is making use of visual signals meeting the requirements of RCW 46.37.190” and “emergency vehicles shall use audible signals when necessary to warn others of the emergency nature of the situation.” Furthermore,

23. The provisions granted emergency vehicles “shall not relieve the driver. . . from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.” More little print:

24. You should now be able to see what is meant by BIG print and little print: The big print gives you some freedom of action, but the little print still holds you liable for careless actions!!

25. A True Emergency Drivers of emergency vehicles will greatly reduce the chances of being found guilty of negligence if they are reasonably certain that a situation represents a true emergency before exercising the exemptions granted in the state statutes.

26. Is this a true emergency? ASK, Is there a high probability that this situation could cause death or serious injury to an individual? Is there significant property imperiled? Could action on my part reduce the seriousness of the situation?

27. Once you have made the decision to treat a situation as a true emergency, Remember that under all circumstances, according to the RCW (State laws), you must exercise due regard for the safety of others.

28. Besides state traffic laws which govern all drivers and have sections which apply to emergency vehicle drivers, We are also responsible for following other State regulations--most notably the State Labor and Industry’s Safety Standards for Firefighters.

29. Furthermore Besides RCWs and WAC’s we are also bound by: Local ordinances Department policy

30. Department Policy Review your department policy, if applicable, now.

31. Courts apportion blame if you should be driving an emergency vehicle when involved in a wreck. They look at the case and determine who and what contributed to the incident. They assign a percentage of blame to each party. The Issue of Liability

32. They may say that the “other” driver was 40% to blame; the fire department 40% to blame; and the emergency vehicle operator 20% to blame. They look at the dollar award and assign the percentages accordingly. For example:

33. “Other” driver, 40% = No award. Fire department, 40% = $400,000 Emergency vehicle driver (YOU, PERSONALLY), 20% = $200,000 If the “other” driver is asking for $1,000,000 in damages for alleged harm due to an incident with an emergency vehicle, the award would be as follows:

34. If an emergency vehicle operator were driving in excess of the established rules adopted by their fire department, or without due regard for the safety of others, then that emergency vehicle operator could be held personally responsible. This would be especially true if the court-awarded compensation was in excess of the limits of the department’s insurance coverage.

36. What problems might a person encounter after an incident? Possible individual financial responsibility. Possible criminal penalties. Uncertainty of outcome. Months and/or years of mental strain on the individual and family. Grief, if you took a life or seriously injured someone.

37. Other Legal Stuff: A fire department has an obligation to ensure that its drivers are not only qualified under EVIP, but are also safe drivers. So, departments may review a candidate’s or employee’s driving record. The employee must give authorization for release of his/her driving record. However, many departments obtain blanket permission from employees to review driving records whenever the employer chooses to do so.

38. As if driving an emergency vehicle didn’t entail enough personal liability. . . The state of Washington grants NO special driving privileges to firefighters driving their own private vehicles.

39. No special privileges in private vehicles: Volunteer or paid Responding to an alarm Reporting back to work on a recall Green light or license placard

40. In fact, the green lights and placards some departments issue to their firefighters for their personal vehicles are for identification purposes only. They serve only to identify a firefighter to members of the public and law enforcement officers at the scene of an emergency. They must be accompanied by an identification card carried in the vehicle and signed by the chief of the fire department.

41. Record Keeping Fire Departments are responsible for keeping records!

42. What Records need to be kept? Individual training records Qualifications on various apparatus Test results Maintenance records Purchasing specifications During an investigation or court appearance you will be required to produce records.

43. Summary Drive with “Due Regard” because you will be held responsible for your actions while operating an emergency vehicle!!