H-1067.1  _______________________________________________

                          HOUSE BILL 1490

          _______________________________________________

State of Washington      55th Legislature     1997 Regular Session

By Representatives Thompson, Mielke, L. Thomas, McMorris, Chandler, Sterk and Delvin

Read first time 01/28/97.  Referred to Committee on Law & Justice.

Clarifying liability of drivers of authorized emergency vehicles.

    AN ACT Relating to liability of drivers of authorized emergency vehicles; and amending RCW 46.61.035.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

    Sec. 1.  RCW 46.61.035 and 1969 c 23 s 1 are each amended to read as follows:

    (1) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

    (2) The driver of an authorized emergency vehicle may:

    (a) Park or stand, irrespective of the provisions of this chapter;

    (b) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

    (c) Exceed the maximum speed limits so long as he does not endanger life or property;

    (d) Disregard regulations governing direction of movement or turning in specified directions.

    (3) The exemptions herein 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, except that:  (a) An authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle; (b) authorized emergency vehicles shall use audible signals when necessary to warn others of the emergency nature of the situation but in no case shall they be required to use audible signals while parked or standing.

    (4) The driver or public entity employing the driver of an authorized emergency vehicle is not liable for damages resulting from the pursuit, termination of pursuit, or lack of pursuit of an actual or suspected violator of the law, or from a violation of this section, unless the pursuit, termination of pursuit, lack of pursuit, or violation constitutes gross negligence.

(5) The foregoing provisions shall not relieve the driver of an authorized emergency vehicle 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.

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