Guest guest Posted January 17, 2007 Report Share Posted January 17, 2007 It doesn't matter what your internal policies are. You are required to follow state law. The Texas Transportation Code requires that when your ambulance violates any traffic law that it's given the privilege of violating, it must be using lights and siren " as necessary to warn other drivers. " If you have a wreck while driving in violation of this statute, there is a prima facie case of negligence that can be established. The law does NOT require, as some think, that the siren be used continuously when on an emergency, but it does require lights, and siren use " as necessary. " Thus, siren use can be left to the discretion of the driver. Please remember that in a lawsuit, your policies and procedures are discoverable and can be used against you. Gene Gandy > > Bob, > > I would start with what you and your city are going to stand by your > employees for. If your city is going to stand by your employees when they make a > judgment call and it is wrong then both of your suggestions are okay...but if > you you will find fault and cut your employees lose when their judgement is > wrong...then leave the policy as it is. > > I personally think your driving policy should provide absolutes (complete > stops at ALL controlled intersections) and guidance (not use the siren in > subdivisions at the discretion of the medic). Our agency has a committment that > where we allow judgement on our medics, we will stand by them when they > exercise that judgement. > > In addition, we provide our employees from Day 1 of orientation throughout > mentorship and evaluations a tool to use when they are asked to make > judgements.. In addition, we provide our employees from Day 1 of orientation > throughout mentorship and evaluations a tool to use when they are asked to > > Both of these policies you have for using sirens are appropriate depending > upon the type of organization you have and the willingness to support/standby > employees who err in judgement. > > Dudley > > > Siren & Speed > > Siren: McGregor EMS' current policy requires the driver not to use > the siren in residential areas after 10 p.m. This policy is sure a > nice gesture and probably appreciated by the folks in the area (I sure > would), but I question the requirement part of the policy. TX > Transportation Code Chapter 546.003 reads in part that an emergency > vehicle (EV) operator shall use [the siren] in accordance with > department policy. 547.002 describes the sieren as a device to warn > other vehicle opeators or pedistrians of the EV's approach. Given the > Code's latitude, I'm uncomfortable about requiring drivers to > discontinue the siren. It seems that I might rewrite the policy > permitting the siren not to be used at the driver's discretion while > operating the ambulance in accordance with applicable statues, etc, > etc, etc. Ditto for the speed limit. The current policy limits max > speed to 10 m.p.h. over the limit. From previous posts I think a > better approach is to use language about due regard for safety, and in > consideration of traffic, environmental and road conditions, etc, etc, > etc and avoid the absoluteness of 10 m.p.h. > > Comments? Bob, LP in McGregor. > > ____________ ________ ________ ________ ________ ________ > Check out the new AOL. Most comprehensive set of free safety and security > tools, free access to millions of high-quality videos from across the web, free > AOL Mail and more. > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 17, 2007 Report Share Posted January 17, 2007 Siren: McGregor EMS' current policy requires the driver not to use the siren in residential areas after 10 p.m. This policy is sure a nice gesture and probably appreciated by the folks in the area (I sure would), but I question the requirement part of the policy. TX Transportation Code Chapter 546.003 reads in part that an emergency vehicle (EV) operator shall use [the siren] in accordance with department policy. 547.002 describes the sieren as a device to warn other vehicle opeators or pedistrians of the EV's approach. Given the Code's latitude, I'm uncomfortable about requiring drivers to discontinue the siren. It seems that I might rewrite the policy permitting the siren not to be used at the driver's discretion while operating the ambulance in accordance with applicable statues, etc, etc, etc. Ditto for the speed limit. The current policy limits max speed to 10 m.p.h. over the limit. From previous posts I think a better approach is to use language about due regard for safety, and in consideration of traffic, environmental and road conditions, etc, etc, etc and avoid the absoluteness of 10 m.p.h. Comments? Bob, LP in McGregor. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 17, 2007 Report Share Posted January 17, 2007 Bob, I would start with what you and your city are going to stand by your employees for. If your city is going to stand by your employees when they make a judgement call and it is wrong then both of your suggestions are okay...but if you you will find fault and cut your employees lose when their judgement is wrong...then leave the policy as it is. I personally think your driving policy should provide absolutes (complete stops at ALL controlled intersections) and guidance (not use the siren in subdivisions at the discretion of the medic). Our agency has a committment that where we allow judgement on our medics, we will stand by them when they exercise that judgement. In addition, we provide our employees from Day 1 of orientation throughout mentorship and evaluations a tool to use when they are asked to make judgements...and we encourage them to use it for all decisions so that our tool is capable of being a habit when the decision making must come rapidly. Both of these policies you have for using sirens are appropriate depending upon the type of organization you have and the willingness to support/standby employees who err in judgement. Dudley Siren & Speed Siren: McGregor EMS' current policy requires the driver not to use the siren in residential areas after 10 p.m. This policy is sure a nice gesture and probably appreciated by the folks in the area (I sure would), but I question the requirement part of the policy. TX Transportation Code Chapter 546.003 reads in part that an emergency vehicle (EV) operator shall use [the siren] in accordance with department policy. 547.002 describes the sieren as a device to warn other vehicle opeators or pedistrians of the EV's approach. Given the Code's latitude, I'm uncomfortable about requiring drivers to discontinue the siren. It seems that I might rewrite the policy permitting the siren not to be used at the driver's discretion while operating the ambulance in accordance with applicable statues, etc, etc, etc. Ditto for the speed limit. The current policy limits max speed to 10 m.p.h. over the limit. From previous posts I think a better approach is to use language about due regard for safety, and in consideration of traffic, environmental and road conditions, etc, etc, etc and avoid the absoluteness of 10 m.p.h. Comments? Bob, LP in McGregor. ________________________________________________________________________ Check out the new AOL. Most comprehensive set of free safety and security tools, free access to millions of high-quality videos from across the web, free AOL Mail and more. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted January 17, 2007 Report Share Posted January 17, 2007 Mr McGregor, I think that putting the judgement/responsibility on the driver will put too much legal liability on the crew. My thoughts are that once the crew reaches residencial area, fully reduce to non-emergency/Code 1. Traffic should not be bad in a residencial and there shouldn't be much of a time difference once you are that close. If the crew needs to, they can flash their lights temporarily and chirp their manual siren to request right of way from any roadway obstructions/ motorists that are causing a problem. Hope this helps, Andy Wheeler --- l1usma62 wrote: > Siren: McGregor EMS' current policy requires the > driver not to use > the siren in residential areas after 10 p.m. This > policy is sure a > nice gesture and probably appreciated by the folks > in the area (I sure > would), but I question the requirement part of the > policy. TX > Transportation Code Chapter 546.003 reads in part > that an emergency > vehicle (EV) operator shall use [the siren] in > accordance with > department policy. 547.002 describes the sieren as > a device to warn > other vehicle opeators or pedistrians of the EV's > approach. Given the > Code's latitude, I'm uncomfortable about requiring > drivers to > discontinue the siren. It seems that I might > rewrite the policy > permitting the siren not to be used at the driver's > discretion while > operating the ambulance in accordance with > applicable statues, etc, > etc, etc. Ditto for the speed limit. The current > policy limits max > speed to 10 m.p.h. over the limit. From previous > posts I think a > better approach is to use language about due regard > for safety, and in > consideration of traffic, environmental and road > conditions, etc, etc, > etc and avoid the absoluteness of 10 m.p.h. > > Comments? Bob, LP in McGregor. > > > > > Quote Link to comment Share on other sites More sharing options...
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