First Substitute H.B. 20
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8 LONG TITLE
9 General Description:
10 This bill modifies the Traffic Code by amending provisions relating to the duty of care
11 for an emergency vehicle operator.
12 Highlighted Provisions:
13 This bill:
14 . provides that the operator of an authorized emergency vehicle owes no duty of care
15 to a person who is:
16 . a suspect in the commission of a crime and evading, fleeing, or otherwise
17 attempting to elude the operator of an authorized emergency vehicle; or
18 . in a motor vehicle with the suspect, unless it is proven by a preponderance of
19 the evidence that the person's presence in the motor vehicle was involuntary and
20 the person's participation in evading, fleeing, or attempting to elude was
21 involuntary;
22 . provides that an operator of an authorized emergency vehicle may be held liable for
23 a fleeing suspect's injuries in certain circumstances;
24 . provides that if an operator of an authorized emergency vehicle complies with
25 certain requirements while operating the authorized emergency vehicle, the operator
26 shall be deemed to have met the operator's duty to act as a reasonably prudent emergency
27 vehicle operator in like circumstances; and
28 . makes technical corrections.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 None
33 Utah Code Sections Affected:
34 AMENDS:
35 41-6a-212 , as last amended by Laws of Utah 2008, Chapter 382
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37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 41-6a-212 is amended to read:
39 41-6a-212. Emergency vehicles -- Policy regarding vehicle pursuits --
40 Applicability of traffic law to highway work vehicles -- Exemptions.
41 (1) Subject to Subsections (2) through (5), the operator of an authorized emergency
42 vehicle may exercise the privileges granted under this section when:
43 (a) responding to an emergency call;
44 (b) in the pursuit of an actual or suspected violator of the law; or
45 (c) responding to but not upon returning from a fire alarm.
46 (2) The operator of an authorized emergency vehicle may:
47 (a) park or stand, irrespective of the provisions of this chapter;
48 (b) proceed past a red or stop signal or stop sign, but only after slowing down as may
49 be necessary for safe operation;
50 (c) exceed the maximum speed limits, unless prohibited by a local highway authority
51 under Section 41-6a-208 ; or
52 (d) disregard regulations governing direction of movement or turning in specified
53 directions.
54 (3) (a) Except as provided in Subsection (3)(b), privileges granted under this section to
55 the operator of an authorized emergency vehicle, who is not involved in a vehicle pursuit,
56 apply only when:
57 (i) the operator of the vehicle sounds an audible signal under Section 41-6a-1625 ; or
58 (ii) uses a visual signal with emergency lights in accordance with rules made under
59 Section 41-6a-1601 , which is visible from in front of the vehicle.
60 (b) An operator of an authorized emergency vehicle may exceed the maximum speed
61 limit when engaged in normal patrolling activities with the purpose of identifying and
62 apprehending violators.
63 (4) Privileges granted under this section to the operator of an authorized emergency
64 vehicle involved in any vehicle pursuit apply only when:
65 (a) the operator of the vehicle:
66 (i) sounds an audible signal under Section 41-6a-1625 ; and
67 (ii) uses a visual signal with emergency lights in accordance with rules made under
68 Section 41-6a-1601 , which is visible from in front of the vehicle;
69 (b) the public agency employing the operator of the vehicle has, in effect, a written
70 policy which describes the manner and circumstances in which any vehicle pursuit should be
71 conducted and terminated;
72 (c) the operator of the vehicle has been trained in accordance with the written policy
73 described in Subsection (4)(b); and
74 (d) the pursuit policy of the public agency is in conformance with standards established
75 under Subsection (5).
76 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
77 Department of Public Safety shall make rules providing minimum standards for all emergency
78 pursuit policies that are adopted by public agencies authorized to operate emergency pursuit
79 vehicles.
80 (6) [
81 section do not relieve the operator of an authorized emergency vehicle of the duty to act as a
82 reasonably prudent emergency vehicle operator in like circumstances.
83 (b) The operator of an authorized emergency vehicle owes no duty of care under this
84 Subsection (6) to a person who is:
85 (i) (A) a suspect in the commission of a crime; and
86 (B) evading, fleeing, or otherwise attempting to elude the operator of an authorized
87 emergency vehicle; or
88 (ii) in a motor vehicle with the suspect described in Subsection (6)(b)(i), unless it is
89 proven by a preponderance of the evidence that:
90 (A) the person's presence in the vehicle was involuntary; and
91 (B) the person's participation in evading, fleeing, or attempting to elude was
92 involuntary.
93 (c) (i) Notwithstanding Subsection (6)(b), an operator of an authorized emergency
94 vehicle may be held liable for a fleeing suspect's injuries if the operator of an authorized
95 emergency vehicle had actual intent to cause harm to the fleeing suspect in an act that was
96 unrelated to the legitimate object of the arrest.
97 (ii) "Actual intent" under this Subsection (6)(c) means a malicious motive to cause
98 injury, not merely an intent to do the act purportedly resulting in the injury.
99 (d) If an operator of an authorized emergency vehicle complies with the requirements
100 described in Subsections (4) and (5) while operating the authorized emergency vehicle, the
101 operator shall be deemed to have met the operator's duty to act as a reasonably prudent
102 emergency vehicle operator in like circumstances.
103 (7) Except for Sections 41-6a-210 , 41-6a-502 , and 41-6a-528 , this chapter does not
104 apply to persons, motor vehicles, and other equipment while actually engaged in work on the
105 surface of a highway.
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