Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 66 First Substitute (2018GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/16/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires agencies operating authorized emergency vehicles to have a written policy to govern the protocol of the operator of the authorized emergency vehicle to engage, conduct, and terminate vehicle pursuit;
• provides that the operator of an authorized emergency vehicle owes a duty of care to the occupant of a vehicle under pursuit if the operator of the authorized emergency vehicle acts outside the written protocol for vehicle pursuit;
• requires the head of a law enforcement agency involved in a pursuit resulting in injury or property damage to evaluate compliance with policies and document and remedy any violations of the policies; and
• makes technical changes.

Every vote on this bill

Bill text

EMERGENCY VEHICLE OPERATOR DUTY OF
CARE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
A. Cory Maloy
LONG TITLE
General Description:
This bill requires agencies to have written policies to govern the protocol for engaging
and terminating authorized emergency vehicle pursuit and modifies the duty of care if
the operator acts outside the written policy.
Highlighted Provisions:
This bill:
▸ requires agencies operating authorized emergency vehicles to have a written policy
to govern the protocol of the operator of the authorized emergency vehicle to
engage, conduct, and terminate vehicle pursuit;
▸ provides that the operator of an authorized emergency vehicle owes a duty of care to
the occupant of a vehicle under pursuit if the operator of the authorized emergency
vehicle acts outside the written protocol for vehicle pursuit;
▸ requires the head of a law enforcement agency involved in a pursuit resulting in
injury or property damage to evaluate compliance with policies and document and
remedy any violations of the policies; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
41-6a-212
, as last amended by Laws of Utah 2014, Chapter 288
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
41-6a-212
 is amended to read:
41-6a-212.
Emergency vehicles -- Policy regarding vehicle pursuits --
Applicability of traffic law to highway work vehicles -- Exemptions.
(1) As used in this section, "marked authorized emergency vehicle" means an
authorized emergency vehicle that:
(a) has emergency lights that comply with Section 
41-6a-1601
 affixed to the top of the
vehicle; or
(b) is displaying an identification mark designating the vehicle as the property of an
entity that is authorized to operate emergency vehicles in a conspicuous place on both sides of
the vehicle.
(2) Subject to Subsections (3) through (6), the operator of an authorized emergency
vehicle may exercise the privileges granted under this section when:
(a) responding to an emergency call;
(b) in the pursuit of an actual or suspected violator of the law; or
(c) responding to but not upon returning from a fire alarm.
(3) The operator 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, unless prohibited by a local highway authority
under Section 
41-6a-208
; or
(d) disregard regulations governing direction of movement or turning in specified
directions.
(4) (a) Except as provided in Subsection (4)(b), privileges granted under this section to
the operator of an authorized emergency vehicle, who is not involved in a vehicle pursuit,
apply only when:
(i) the operator of the vehicle sounds an audible signal under Section 
41-6a-1625
; or
(ii) uses a visual signal with emergency lights in accordance with rules made under
Section 
41-6a-1601
, which is visible from in front of the vehicle.
(b) An operator of an authorized emergency vehicle may exceed the maximum speed
limit when engaged in normal patrolling activities with the purpose of identifying and
apprehending violators.
(5) 
(a)
 Privileges granted under this section to the operator of an authorized emergency
vehicle involved in any vehicle pursuit apply only when:
[
(a)
] 
(i)
 the operator of the vehicle:
[
(i)
] 
(A)
 sounds an audible signal under Section 
41-6a-1625
; and
[
(ii)
] 
(B)
 uses a visual signal with emergency lights in accordance with rules made
under Section 
41-6a-1601
, which is visible from in front of the vehicle;
[
(b) the public agency employing the operator of the vehicle has, in effect, a written
policy which describes the manner and circumstances in which any vehicle pursuit should be
conducted and terminated;
]
[
(c)
] 
(ii)
 the operator of the 
authorized emergency
 vehicle has been trained in
accordance with the written policy described in Subsection (5)(b); and
[
(d)
] 
(iii)
 the pursuit policy of the public agency 
described in Subsection (5)(b)
 is in
conformance with standards established under Subsection (6).
(b) (i) Each public agency that owns, operates, or causes to be operated an authorized
emergency vehicle shall have a written policy that describes the manner and circumstances in
which an operator of an authorized emergency vehicle shall engage, conduct, and terminate
vehicle pursuit.
(ii) The policy described in Subsection (5)(b)(i) shall conform with the minimum
standards set forth pursuant to Subsection (6).
(6) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
Department of Public Safety shall make rules providing minimum standards for all emergency
pursuit policies that are adopted by public agencies authorized to operate emergency pursuit
vehicles.
(7) (a) Except as provided in Subsection (7)(b), the privileges granted under this
section do not relieve the operator of an authorized emergency vehicle of the duty to act as a
reasonably prudent emergency vehicle operator under the circumstances.
(b) The operator of a marked authorized emergency vehicle owes no duty of care under
this Subsection (7) to a person who is:
(i) (A) a suspect in the commission of a crime; and
(B) evading, fleeing, or otherwise attempting to elude the operator of a marked
authorized emergency vehicle; or
(ii) in a motor vehicle with the suspect described in Subsection (7)(b)(i), unless it is
proven by a preponderance of the evidence that:
(A) the person's presence in the vehicle was involuntary; and
(B) the person's participation in evading, fleeing, or attempting to elude was
involuntary.
(c) (i) Notwithstanding Subsection (7)(b), an operator of a marked authorized
emergency vehicle may be held liable for a fleeing suspect's injuries if the operator of a marked
authorized emergency vehicle had actual intent to cause harm to the fleeing suspect in an act
that was unrelated to the legitimate object of the arrest.
(ii) "Actual intent" under this Subsection (7)(c) means a malicious motive to cause
injury, not merely an intent to do the act resulting in the injury.
(d) If an operator of a marked authorized emergency vehicle complies with the
requirements described in Subsections (5) and (6) while operating the marked authorized
emergency vehicle, the operator shall be deemed to have met the operator's duty to act as a
reasonably prudent emergency vehicle operator under the circumstances.
(8) (a) For each instance involving an authorized emergency vehicle in pursuit that
results in injury or property damage, the head of the law enforcement agency involved in the
pursuit shall evaluate the situation to determine whether the operator of the authorized
emergency vehicle complied with the agency's policies.
(b) After the evaluation described in Subsection (8)(a), the head of the law enforcement
agency shall document and appropriately remedy through agency administrative action any
violations of the agency's policies.
(c) Any document produced under Subsection (8)(b) shall be subject to Title 63G,
Chapter 2, Government Records Access and Management Act. 
[
(8)
] 
(9)
 Except for Sections 
41-6a-210
, 
41-6a-502
, and 
41-6a-528
, this chapter does
not apply to persons, motor vehicles, and other equipment while actually engaged in work on
the surface of a highway.