HSB 190

Under current law, authorized emergency vehicles are permitted to operate in this manner only when such vehicles are making use of an audible or visual signaling device, except a vehicle operated by a peace officer is not required to use an audible or visual signaling device if the officer is pursuing a suspected violator of a speed limit. The bill instead requires the use of an audible warning or visual signaling device, and provides that a peace officer is not required to use an audible warning or visual signaling device if the officer reasonably believes based on the facts and circumstances at the time that a suspected violator’s knowledge of the officer’s proximity may cause the suspected violator to destroy evidence of a suspected felony or aggravated misdemeanor, evade apprehension, or endanger the public or the officer. However, the bill permits such action only if the action occurs over the shortest distance necessary and does not recklessly endanger persons or property. The bill provides that the driver of an authorized emergency vehicle transporting a patient to a hospital is not required to use an audible warning or visual signaling device while exceeding a speed limit if a certified emergency medical care provider reasonably believes the patient’s condition warrants rapid transport. _____ technique, as defined in the bill, if such execution is reasonable under the circumstances based on the information perceived by the officer at the time, and the officer has completed a training course approved by the Iowa law enforcement academy that instructs participants in the proper execution of pursuit intervention techniques. By operation of law, a violation of these provisions of the bill is punishable by a scheduled fine of $135. PARADES AND EVENTS. The bill allows the driver of an authorized emergency vehicle to operate the vehicle as part of an official governmental event for the purposes of the safety and security of an elected official, candidate for public office, or the public, or as part of a parade or other public service event if the parade or event is approved by the state or a municipality at least one day prior to the date on which the parade or event will occur. In addition, the bill allows an authorized emergency vehicle to operate in a parade or event while displaying the vehicle’s lighting devices. IMMUNITY FROM LIABILITY. The bill provides that a certified fire fighter, emergency medical care provider, peace officer, reserve peace officer, or emergency management agency employee who has completed certain training, or an associated entity, shall not be liable for any consequence of injury or loss arising from the operation of an authorized emergency vehicle in response to an emergency call or to an incident dangerous to the public unless the vehicle is operated with reckless disregard for the safety of persons or property. This provision of the bill only applies when, in response to an emergency call or to an incident dangerous to the public, the authorized emergency vehicle is making use of a siren or flashing blue and red lights. _____ a preponderance of the evidence. If a person brings a tort claim against the driver of an authorized emergency vehicle, a municipality, or the state for any injury or loss arising from the operation of the authorized emergency vehicle, the bill requires a court to determine, on motion by any party or on its own motion, whether the person has presented sufficient, admissible evidence to support a prima facie finding of recklessness before the matter proceeds to trial. FUNERAL PROCESSIONS. The bill authorizes a driver of an authorized emergency vehicle to operate the vehicle as part of a funeral procession, and a peace officer may provide traffic control upon request or when necessary for the safety of all persons. The bill allows an authorized emergency vehicle operating in a funeral procession to display the vehicle’s lighting devices. SIRENS AND AIR HORNS. The bill allows an authorized emergency medical services program, fire department, or law enforcement agency to equip one or more vehicles with an air horn or low-frequency siren. The bill requires certain vehicles purchased, delivered, or refurbished on or after July 1, 2021, to be equipped with a 200-watt electric or electronic siren capable of emitting at least two distinct siren tones, and one or more compatible siren speakers. The bill prohibits an authorized emergency vehicle’s siren, whistle, air horn, or bell from being used except when the vehicle is operated in response to an emergency call or to an incident dangerous to the public, in a parade or designated public service event, for a demonstration, for maintenance, or in the immediate pursuit of an actual or suspected violator of the law. The bill requires the driver of the vehicle to sound the siren, whistle, air horn, or bell when the driver reasonably believes necessary to warn pedestrians and other drivers of the approach of the vehicle. By operation of law, a violation of this provision is punishable by a scheduled fine of $45. _____ DESIGNATION AS AUTHORIZED EMERGENCY VEHICLE. The bill includes in the list of vehicles authorized to be designated as authorized emergency vehicles those vehicles owned by a certified chief or certified fire officer of a volunteer fire department, a fire department comprised of a combination of volunteer and paid members, or a nonprofit corporation that delivers emergency services; and vehicles owned by a chief, medical director, or certified medical provider of an authorized emergency medical service. The bill requires the completion of certain training and proof of financial liability coverage or risk pool coverage to obtain the designation. The bill prohibits a public or private entity from requiring an employee or volunteer to apply for or maintain a certificate of designation for an authorized emergency vehicle, and from requiring a person to operate or use an authorized emergency vehicle. EFFECTIVE DATE AND APPLICABILITY.231B (limiting liability for certain authorized emergency vehicle operators), as enacted in the bill, applies to causes of action accrued on or after the effective date of the bill.