22. Professional Police Driving COMPLETE Flashcards
22.1.1. Identify the definition of “authorized emergency vehicle” and the situations in which the driver of an AEV is exempt from certain provisions of the Transportation Code (TC).
“Authorized Emergency Vehicle” references:
- Definition - TC 541.201 (1)
- Operation of A. E. V. and Certain Other Vehicles – TC Chapter 546
- Permissible conduct - TC 546.001
- When conduct permissible - TC 546.002
Objective 22.1.1
AEV Definition - TC 541.201 (1)
(1) “Authorized emergency vehicle” means:
(A) a fire department or police vehicle;
(B) a public or private ambulance operated by a person who has been issued a license by the Department of State Health Services;
(C) an emergency medical services (EMS) vehicle:
(D) a municipal department or public service corporation emergency vehicle that has been designated or authorized by the governing body of a municipality;
(E) a county-owned or county-leased emergency management vehicle that has been designated or authorized by the commissioners court;
(F) a vehicle that has been designated by the department under Sec. 546.0065 AUTHORIZED EMERGENCY VEHICLES OF THE TEXAS DIVISION OF EMERGENCY MANAGEMENT. The department shall designate vehicles of the Texas Division of Emergency Management that may be operated as authorized emergency vehicles.
(G) a private vehicle of a volunteer firefighter or a certified emergency medical services employee or volunteer when responding to a fire alarm or medical emergency;
(H) an industrial emergency response vehicle, including an industrial ambulance, when responding to an emergency, but only if the vehicle is operated in compliance with criteria in effect September 1, 1989, and established by the predecessor of the Texas Industrial Emergency Services Board of the State Firemen’s and Fire Marshals’ Association of Texas;
(I) a vehicle of a blood bank or tissue bank, accredited or approved under the laws of this state or the United States, when making emergency deliveries of blood, drugs, medicines, or organs;
(J) a vehicle used for law enforcement purposes that is owned or leased by a federal governmental entity; or
(K) a private vehicle of an employee or volunteer of a county emergency management division in a county with a population of more than 46,500 and less than 48,000 that is designated as an authorized emergency vehicle by the commissioners court of that county.
Objective 22.1.1
Operation of AEV and Certain Other Vehicles – TC Chapter 546
Sec. 546.001. PERMISSIBLE CONDUCT.
In operating an authorized emergency vehicle the operator may:
(1) park or stand, irrespective of another provision of this subtitle;
(2) proceed past a red or stop signal or stop sign, after slowing as necessary for safe operation;
(3) exceed a maximum speed limit, except as provided by an ordinance adopted under Section 545.365, as long as the operator does not endanger life or property; and
(4) disregard a regulation governing the direction of movement or turning in specified directions.
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Sec. 546.002. WHEN CONDUCT PERMISSIBLE.
(a) In this section, “police escort” means facilitating the movement of a funeral, oversized or hazardous load, or other traffic disruption for public safety purposes by a peace officer described by Articles 2.12(1)-(4), (8), (12), and (22), Code of Criminal Procedure.
(b) Sections 546.001(2), (3), and (4) apply only when the operator is:
(1) responding to an emergency call;
(2) pursuing an actual or suspected violator of the law;
(3) responding to but not returning from a fire alarm;
(4) directing or diverting traffic for public safety purposes; or
(5) conducting a police escort.
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Sec. 546.003. AUDIBLE OR VISUAL SIGNALS REQUIRED.
Except as provided by Section 546.004, the operator of an authorized emergency vehicle engaging in conduct permitted by Section 546.001 shall use, at the discretion of the operator in accordance with policies of the department or the local government that employs the operator, audible or visual signals that meet the pertinent requirements of Sections 547.305 and 547.702.
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Sec. 546.004. EXCEPTIONS TO SIGNAL REQUIREMENT.
(a) A volunteer fire fighter who operates a private vehicle as an authorized emergency vehicle may engage in conduct permitted by Section 546.001 only when the fire fighter is using visual signals meeting the pertinent requirements of Sections 547.305 and 547.702.
(b) An authorized emergency vehicle that is operated as a police vehicle is not required to be equipped with or display a red light visible from the front of the vehicle.
(c) A police officer may operate an authorized emergency vehicle for a law enforcement purpose without using the audible or visual signals required by Section 546.003 if the officer is:
(1) responding to an emergency call or pursuing a suspected violator of the law with probable cause to believe that:
(A) knowledge of the presence of the officer will cause the suspect to:
(i) destroy or lose evidence of a suspected felony;
(ii) end a suspected continuing felony before the officer has obtained sufficient evidence to establish grounds for arrest; or
(iii) evade apprehension or ID of the suspect or the SP’S vehicle; or
(B) because of traffic conditions on a multilaned roadway, vehicles moving in response to the audible or visual signals may:
(i) increase the potential for a collision; or
(ii) unreasonably extend the duration of the pursuit; or
(2) complying with a written regulation relating to the use of audible or visible signals adopted by the local government that employs the officer or by the department.
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Sec. 546.005. DUTY OF CARE.
This chapter does not relieve the operator of an authorized emergency vehicle from:
(1) the duty to operate the vehicle with appropriate regard for the safety of all persons; or
(2) the consequences of reckless disregard for the safety of others.
Objective 22.1.1
Permissible conduct - TC 546.001
Sec. 546.001. PERMISSIBLE CONDUCT.
In operating an authorized emergency vehicle the operator may:
(1) park or stand, irrespective of another provision of this subtitle;
(2) proceed past a red or stop signal or stop sign, after slowing as necessary for safe operation;
(3) exceed a maximum speed limit, except as provided by an ordinance adopted under Section 545.365, as long as the operator does not endanger life or property; and
(4) disregard a regulation governing the direction of movement or turning in specified directions.
Objective 22.1.1
When conduct permissible - TC 546.002
Sec. 546.002. WHEN CONDUCT PERMISSIBLE.
(a) In this section, “police escort” means facilitating the movement of a funeral, oversized or hazardous load, or other traffic disruption for public safety purposes by a peace officer described by Articles 2.12(1)-(4), (8), (12), and (22), Code of Criminal Procedure.
(b) Sections 546.001(2), (3), and (4) apply only when the operator is:
(1) responding to an emergency call;
(2) pursuing an actual or suspected violator of the law;
(3) responding to but not returning from a fire alarm;
(4) directing or diverting traffic for public safety purposes; or
(5) conducting a police escort.
22.1.2. Identify the exemption requirement regarding the use of red light and siren.
Red light and siren references:
- Audible or visual signals required - TC 546.003
- Exceptions to signal requirement - TC 546.004
22.1.2. Identify the exemption requirement regarding the use of red light and siren.
Audible or visual signals required - TC 546.003
Sec. 546.003. AUDIBLE OR VISUAL SIGNALS REQUIRED.
Except as provided by Sec. 546.004, the operator of an authorized emergency vehicle engaging in conduct permitted by Section 546.001 shall use, at the discretion of the operator in accordance with policies of the department or the local government that employs the operator, audible or visual signals that meet the pertinent requirements of Sec.547.305 and 547.702.
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Sec. 546.004. EXCEPTIONS TO SIGNAL REQUIREMENT.
(a) A volunteer fire fighter who operates a private vehicle as an authorized emergency vehicle may engage in conduct permitted by Section 546.001 only when the fire fighter is using visual signals meeting the pertinent requirements of Sections 547.305 and 547.702.
(b) An authorized emergency vehicle that is operated as a police vehicle is not required to be equipped with or display a red light visible from the front of the vehicle.
(c) A police officer may operate an authorized emergency vehicle for a law enforcement purpose without using the audible or visual signals required by Section 546.003 if the officer is:
(1) responding to an emergency call or pursuing a suspected violator of the law with probable cause to believe that:
(A) knowledge of the presence of the officer will cause the suspect to:
(i) destroy or lose evidence of a suspected felony;
(ii) end a suspected continuing felony before the officer has obtained sufficient evidence to establish grounds for arrest; or
(iii) evade apprehension or identification of the suspect or the suspect’s vehicle; or
(B) because of traffic conditions on a multilaned roadway, vehicles moving in response to the audible or visual signals may:
(i) increase the potential for a collision; or
(ii) unreasonably extend the duration of the pursuit; or
(2) complying with a written regulation relating to the use of audible or visible signals adopted by the local government that employs the officer or by the department.
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Sec. 547.305. RESTRICTIONS ON USE OF LIGHTS.
(a) A motor vehicle lamp or illuminating device, other than a headlamp, spotlamp, auxiliary lamp, turn signal lamp, or emergency vehicle, tow truck, or school bus warning lamp, that projects a beam with an intensity brighter than 300 candlepower shall be directed so that no part of the high-intensity portion of the beam strikes the roadway at a distance of more than 75 feet from the vehicle.
(b) Except as expressly authorized by law, a person may not operate or move equipment or a vehicle, other than a police vehicle, with a lamp or device that displays a red light visible from directly in front of the center of the equipment or vehicle.
(c) A person may not operate a motor vehicle equipped with a red, white, or blue beacon, flashing, or alternating light unless the equipment is:
(1) used as specifically authorized by this chapter; or
(2) a running lamp, headlamp, taillamp, backup lamp, or turn signal lamp that is used as authorized by law.
(d) A vehicle may be equipped with alternately flashing lighting equipment described by Section 547.701 or 547.702 only if the vehicle is:
(1) a school bus;
(2) an authorized emergency vehicle;
(3) a church bus that has the words “church bus” printed on the front and rear of the bus so as to be clearly discernable to other vehicle operators;
(4) a tow truck while under the direction of a law enforcement officer at the scene of an accident or while hooking up to a disabled vehicle on a roadway; or
(5) a tow truck with a mounted light bar which has turn signals and stop lamps in addition to those required by Sections 547.322, 547.323, and 547.324, Transportation Code.
(e) A person may not operate a highway maintenance or construction vehicle or service vehicle that is not equipped with lamps or that does not display lighted lamps as required by the standards and specifications adopted by the Texas Department of Transportation.
(e-1) A security patrol vehicle may only be equipped with green, amber, or white lights.
(e-2) A motor vehicle is equipped with a lamp or illuminating device under this section regardless of whether the lamp or illuminating device is:
(1) attached to the motor vehicle temporarily or permanently; or
(2) activated.
(e-3) An escort flag vehicle may be equipped with alternating or flashing blue and amber lights.
(e-4) A vehicle described by Section 545.157(a) may be equipped with flashing blue lights.
(f) In this section:
(1) “Escort flag vehicle” means a vehicle that precedes or follows an oversize or overweight vehicle described by Subtitle E for the purpose of facilitating the safe movement of the oversize or overweight vehicle over roads.
(2) “Security patrol vehicle” means a motor vehicle being used for the purpose of providing security services by:
(A) a guard company described by Section 1702.108, Occupations Code; or
(B) a security officer as defined by Section 1702.002, Occupations Code.
(3) “Tow truck” means a motor vehicle or mechanical device that is adapted or used to tow, winch, or move a disabled vehicle.
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Sec. 547.702. ADDITIONAL EQUIPMENT REQUIREMENTS FOR AUTHORIZED EMERGENCY VEHICLES.
(a) An authorized emergency vehicle may be equipped with a siren, exhaust whistle, or bell:
(1) of a type approved by the department; and
(2) that emits a sound audible under normal conditions at a distance of at least 500 feet.
(b) The operator of an authorized emergency vehicle shall use the siren, whistle, or bell when necessary to warn other vehicle operators or pedestrians of the approach of the emergency vehicle.
(c) Except as provided by this section, an authorized emergency vehicle shall be equipped with signal lamps that:
(1) are mounted as high and as widely spaced laterally as practicable;
(2) display four alternately flashing red lights, two located on the front at the same level and two located on the rear at the same level; and
(3) emit a light visible at a distance of 500 feet in normal sunlight.
(d) A private vehicle operated by a volunteer firefighter responding to a fire alarm or a medical emergency may, but is not required to, be equipped with signal lamps that comply with the requirements of Subsection (c).
(e) A private vehicle operated by a volunteer firefighter responding to a fire alarm or a medical emergency may be equipped with a signal lamp that is temporarily attached to the vehicle roof and flashes a red light visible at a distance of at least 500 feet in normal sunlight.
(f) A police vehicle may, but is not required to, be equipped with signal lamps that comply with Subsection (c).
22.1.2. Identify the exemption requirement regarding the use of red light and siren.
Exceptions to signal requirement - TC 546.004
Sec. 546.004. EXCEPTIONS TO SIGNAL REQUIREMENT.
(a) A volunteer fire fighter who operates a private vehicle as an authorized emergency vehicle may engage in conduct permitted by Section 546.001 only when the fire fighter is using visual signals meeting the pertinent requirements of Sections 547.305 and 547.702.
(b) An authorized emergency vehicle that is operated as a police vehicle is not required to be equipped with or display a red light visible from the front of the vehicle.
(c) A police officer may operate an authorized emergency vehicle for a law enforcement purpose without using the audible or visual signals required by Section 546.003 if the officer is:
(1) responding to an emergency call or pursuing a suspected violator of the law with probable cause to believe that:
(A) knowledge of the presence of the officer will cause the suspect to:
(i) destroy or lose evidence of a suspected felony;
(ii) end a suspected continuing felony before the officer has obtained sufficient evidence to establish grounds for arrest; or
(iii) evade apprehension or identification of the suspect or the suspect’s vehicle; or
(B) because of traffic conditions on a multilaned roadway, vehicles moving in response to the audible or visual signals may:
(i) increase the potential for a collision; or
(ii) unreasonably extend the duration of the pursuit; or
(2) complying with a written regulation relating to the use of audible or visible signals adopted by the local government that employs the officer or by the department. (SAPD’s GM)
22.1.3. Discuss the normal “rules of the road” that apply to an officer operating a law enforcement vehicle under non-emergency conditions.
“Rules of the Road” references:
- General Provisions - TC Chapter 542
- Government vehicles - TC 542.002
22.1.3. Discuss the normal “rules of the road” that apply to an officer operating a law enforcement vehicle under non-emergency conditions.
“Rules of the Road” references:
General Provisions - TC Chapter 542
Sec. 542.001. VEHICLES ON HIGHWAYS.
Sec. 542.002. GOVERNMENT VEHICLES.
Sec. 542.003. ANIMALS AND ANIMAL-DRAWN VEHICLES
Sec. 542.004. PERSONS AND EQUIPMENT ENGAGED IN WORK ON HIGHWAY SURFACE.
Sec. 542.005. RULES ON PRIVATE PROPERTY.
Sec. 542.006. SPEED RESTRICTIONS ON PRIVATE ROADS.
Sec. 542.007. TRAFFIC REGULATIONS: PRIVATE SUBDIVISION IN CERTAIN COUNTIES.
Sec. 542.008. TRAFFIC REGULATIONS: PRIVATE SUBDIVISIONS IN CERTAIN MUNICIPALITIES
Sec. 542.0081. TRAFFIC REGULATIONS: SPECIAL DISTRICT IN CERTAIN COUNTIES
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SUBCHAPTER B. UNIFORMITY AND INTERPRETATION OF TRAFFIC LAWS
Sec. 542.201. GENERAL RULE OF UNIFORMITY
Sec. 542.202. POWERS OF LOCAL AUTHORITIES
Sec. 542.203. LIMITATION ON LOCAL AUTHORITIES
Sec. 542.2035. LIMITATION ON MUNICIPALITIES
Sec. 542.204. POWERS RELATED TO INTERSECTIONS
Sec. 542.205. CONFLICT BETWEEN THIS SUBTITLE AND AN ORDER, RULE, OR REGULATION OF CERTAIN AGENCIES.
Sec. 542.206. EFFECT OF SPEED LIMITS IN A CIVIL ACTION
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SUBCHAPTER C. OFFENSES
Sec. 542.301. GENERAL OFFENSE.
Sec. 542.302. OFFENSE BY PERSON OWNING OR CONTROLLING VEHICLE
Sec. 542.303. INCHOATE OFFENSE
Sec. 542.304. MOVING VIOLATIONS FOR CERTAIN PURPOSES
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SUBCHAPTER D. PENALTIES AND COSTS OF COURT
Sec. 542.401. GENERAL PENALTY
Sec. 542.402. DISPOSITION OF FINES
Sec. 542.403. COURT COSTS
Sec. 542.403. FINES
Sec. 542.4031. STATE TRAFFIC FINE
Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR MAINTENANCE WORK ZONE.
Sec. 542.4045. PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY OFFENSE RESULTING IN ACCIDENT.
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SUBCHAPTER E. MISCELLANEOUS
Sec. 542.501. OBEDIENCE REQUIRED TO POLICE OFFICERS, SCHOOL CROSSING GUARDS, AND ESCORT FLAGGERS
Sec. 542.001. VEHICLES ON HIGHWAYS.
A provision of this subtitle relating to the operation of a vehicle applies only to the operation of a vehicle on a highway unless the provision specifically applies to a different place.
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Sec. 542.002. GOVERNMENT VEHICLES.
A provision of this subtitle applicable to an operator of a vehicle applies to the operator of a vehicle owned or operated by the United States, this state, or a political subdivision of this state, except as specifically provided otherwise by this subtitle for an authorized emergency vehicle.
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Sec. 542.003. ANIMALS AND ANIMAL-DRAWN VEHICLES.
A person riding an animal on a roadway or operating a vehicle drawn by an animal on a roadway has the rights and duties applicable to the operator of a vehicle under this subtitle, except a right or duty that by its nature cannot apply to a person riding an animal or operating a vehicle drawn by an animal.
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Sec. 542.004. PERSONS AND EQUIPMENT ENGAGED IN WORK ON HIGHWAY SURFACE.
This subtitle does not apply to a person, team, motor vehicle, or other equipment engaged in work on a highway unless the provision is specifically made applicable, but does apply to those persons and vehicles while traveling to or from that work.
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Sec. 542.005. RULES ON PRIVATE PROPERTY.
This subtitle does not prevent an owner of private property that is a private road from:
(1) regulating or prohibiting use of the property by the public for vehicular travel; or
(2) requiring conditions different from or in addition to those specified by this subtitle.
22.1.3. Discuss the normal “rules of the road” that apply to an officer operating a law enforcement vehicle under non-emergency conditions.
“Rules of the Road” references:
Government vehicles - TC 542.002
Sec. 542.002. GOVERNMENT VEHICLES.
A provision of this subtitle applicable to an operator of a vehicle applies to the operator of a vehicle owned or operated by the United States, this state, or a political subdivision of this state, except as specifically provided otherwise by this subtitle for an authorized emergency vehicle.
22.1.4. Identify the conditions under which an officer or law enforcement agency may be held liable for deaths, injuries, or incidents of property damage that occur while in an emergency vehicle being operated under emergency conditions.
Liability situations
Duty of care - TC 546.005
City of Lancaster v. Chambers, 883 S.W.2d 650 (Tex. 1994)
Travis v. Mesquite, 830 SW 2d 94, (1992)
County of Sacramento et all. v. Lewis, 523 U.S. 833 (1998)
Brower v. Inyo County, 489 U.S. 593 (1989) (corrected 11-24-08)
Scott v. Harris, 127 S.Ct. 1769 (2007)
22.1.4. Identify the conditions under which an officer or law enforcement agency may be held liable for deaths, injuries, or incidents of property damage that occur while in an emergency vehicle being operated under emergency conditions.
LIABILITY SITUATIONS
Liability situations:
- Failure to drive with due regard for the safety of others.
- An agency when it has not adopted a written policy on police pursuits.
- A negligent or wrongful act or omission by an employee of the entity.
- When not in immediate pursuit of actual or suspected violator or responding to a bonafide emergency.
22.1.4. Identify the conditions under which an officer or law enforcement agency may be held liable for deaths, injuries, or incidents of property damage that occur while in an emergency vehicle being operated under emergency conditions.
Duty of care - TC 546.005
Sec. 546.005. DUTY OF CARE.
This chapter does not relieve the operator of an authorized emergency vehicle from:
(1) the duty to operate the vehicle with appropriate regard for the safety of all persons; or
(2) the consequences of reckless disregard for the safety of others.
22.1.5. Identify the issues that are usually addressed by a law enforcement agency’s pursuit policy.
Issues usually addressed by pursuit policy:
- The conditions under which a pursuit may be initiated and when it should be terminated.
- The manner in which emergency equipment (light and siren) should be used.
- Pursuit procedures.
