Emergency Vehicle Driving Legalese. Los Angeles County Fire Department

Emergency Vehicle Emergency Vehicle

Driving Legalese Driving Legalese

Los Angeles County Fire Department

Los Angeles County Fire Department

2

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Why are we here? Why are we here?

– – To learn how to function properly in the highest To learn how to function properly in the highest capacity so we can effectively save and protect capacity so we can effectively save and protect

lives, property and the environment.

lives, property and the environment.

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Why must we learn our functions? Why must we learn our functions?

– – So we can protect : So we can protect :

ƒ ƒ Ourselves Ourselves

ƒ ƒ Our families Our families

ƒ ƒ Our crew Our crew

ƒ ƒ The public The public

ƒ ƒ The County and the Department The County and the Department

4

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ What fire department activity do we do more What fire department activity do we do more than anything else during the course of a

than anything else during the course of a day ?

day ?

– – DRIVE DRIVE

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ How often and where do we drive? How often and where do we drive?

– – All the time All the time

ƒ ƒ Responses Responses

–– RescuesRescues –– FiresFires

–– Public AssistsPublic Assists

ƒ ƒ Drills Drills

ƒ ƒ Events Events

ƒ ƒ Move- Move -ups ups

ƒ ƒ Market / Food Market / Food

6

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ How do you prevent from becoming a How do you prevent from becoming a statistic?

statistic?

– – Know the law! Know the law!

– – Drive safely! Drive safely!

– – Know your physical limits! Know your physical limits!

– – Know your vehicle’s limits! Know your vehicle’s limits!

– – Drive defensively and expect the Drive defensively and expect the unexpected!

unexpected!

– – Train as if your life and other lives depend Train as if your life and other lives depend on it, because they do!

on it, because they do!

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ What What is is the law? the law?

8

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Definitions Definitions

– – True Emergency True Emergency - -

A situation in which there is a high A situation in which there is a high probability

probability of death or serious injury to an individual or of death or serious injury to an individual or significant property loss. (Being dispatched to a rescue, significant property loss. (Being dispatched to a rescue, fire, or other “EMERGENCY”).

fire, or other “EMERGENCY”).

– – Due Regard Due Regard - -

A reasonably careful person performing A reasonably careful person performing similar duties and under similar circumstances would act in similar duties and under similar circumstances would act in the same manner.

the same manner.

– – Negligence Negligence - -

Legal deficiency or wrong which results Legal deficiency or wrong which results whenever a person fails to exercise that degree of care whenever a person fails to exercise that degree of care which a prudent person would exercise under similar which a prudent person would exercise under similar

circumstances. The negligence may be slight, ordinary, or circumstances. The negligence may be slight, ordinary, or gross.

gross.

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Definitions Definitions

– – Gross negligence Gross negligence - -

Reckless disregard of the Reckless disregard of the

consequences of an act to another person. It occurs when a consequences of an act to another person. It occurs when a person’s actions (or lack of) result in the failure to exercise

person’s actions (or lack of) result in the failure to exercise even even a slight degree of care.

a slight degree of care.

– – Willful and wanton Willful and wanton - -

Intentional or with careless Intentional or with careless

indifference (considered most serious form of negligence).

indifference (considered most serious form of negligence).

– – Vicarious liability Vicarious liability - -

Legal liability placed on one person for Legal liability placed on one person for the acts committed by another person.

the acts committed by another person.

ƒƒ AKA -AKA - Supervisor, Captain Supervisor, Captain

–– NFPA –NFPA – When the driver is under direct supervision of an officer, thatWhen the driver is under direct supervision of an officer, that officer shall also assume responsibility for the action of the d

officer shall also assume responsibility for the action of the driver.river.

1010

RESTRICTIONS

RESTRICTIONS

RESTRICTIONS

ƒƒ DMV Law & NFPA1500 & 1451DMV Law & NFPA1500 & 1451 Driver’s License Requirement Driver’s License Requirement

–– No person shall operate No person shall operate

firefighting equipment unless that firefighting equipment unless that person has a valid driver’s license person has a valid driver’s license for that class of vehicle.

for that class of vehicle.

–– Driver Licenses shall be checked Driver Licenses shall be checked and validated by the employer.

and validated by the employer.

–– This includes Class of Driver’s This includes Class of Driver’s License, required endorsements, License, required endorsements, and current medical information.

and current medical information.

ƒƒ Medical updated every 2 years.Medical updated every 2 years.

–– Mandated by Code of Federal Regulations Mandated by Code of Federal Regulations Title 49 part 383.23

Title 49 part 383.23 --Commercial Driver Commercial Driver License Standards (Department of

License Standards (Department of Transportation)

Transportation)

Driver’s License Driver’s License

CVC 15250.5 - 15250.6 (2007) NFPA 1500 6.2.1 (2002) CVC 15278 (2007) Vol 3, Ch 2, Sub 8 (old) CVC 14604 (2007) Vol D, Ch 1, Sub 1 CVC 14606 (2007)

ƒ ƒ Minimum License Minimum License Standard

Standard – – Fire Fighter Fire Fighter

–– Firefighter Class BFirefighter Class B

ƒƒ Endorsements (X)Endorsements (X)

–

– AirbrakeAirbrake –– TankTank

–– Hazardous MaterialsHazardous Materials

–– It shall readIt shall read

ƒƒ Firefighter Class BFirefighter Class B

ƒƒ Endors XEndors X

ƒƒ Restriction 80, 50Restriction 80, 50

–– OrOr

ƒƒ Commercial Class BCommercial Class B

ƒƒ Endors XEndors X

ƒ

ƒ Some special assignments require a Some special assignments require a

Driver’s License Driver’s License

RESTRICTIONS

RESTRICTIONS

12

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ LACoFD Policy & CVC LACoFD Policy & CVC

–– Minimum requirement to operate a fire engine, ladder truck (includes Minimum requirement to operate a fire engine, ladder truck (includes tillers), quint, crew truck, water tender, fuel tender, heli

tillers), quint, crew truck, water tender, fuel tender, heli--tender, or any tender, or any Class B vehicle weighing more than 26,001 lbs is a Restricted

Class B vehicle weighing more than 26,001 lbs is a Restricted Firefighter Class B License with airbrake, tank, and hazardous m

Firefighter Class B License with airbrake, tank, and hazardous materials aterials endorsements.

endorsements.

–– Minimum requirement to operate a Haz-Minimum requirement to operate a Haz-Mat squad, USAR, or any Mat squad, USAR, or any tractor trailer Class A vehicle is a Restricted Firefighter Cla

tractor trailer Class A vehicle is a Restricted Firefighter Class A License ss A License with airbrake, tank, and hazardous materials endorsements

with airbrake, tank, and hazardous materials endorsements

ƒƒ A Firefighter Restricted license is a commercial license.A Firefighter Restricted license is a commercial license.

ƒƒ You will be held to all rules, policies, laws, and sanctions that apply to You will be held to all rules, policies, laws, and sanctions that apply to commercial license holders. (Discussed later)

commercial license holders. (Discussed later)

ƒƒ MCSIA 1999MCSIA 1999

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ CVC 12954 CVC 12954

ƒƒ A firefighter, driving a fire apparatus for the purpose of A firefighter, driving a fire apparatus for the purpose of emergency operations is not required to have a driver emergency operations is not required to have a driver

license on his or her immediate possession. But they must license on his or her immediate possession. But they must have a properly classed and endorsed driver license at the have a properly classed and endorsed driver license at the station that can be obtained if required.

station that can be obtained if required.

14

Legal Aspects Legal Aspects

ƒ ƒ What is an emergency vehicle? What is an emergency vehicle?

– – 25252 to 25252.5 (165.2) Every authorized emergency 25252 to 25252.5 (165.2) Every authorized emergency vehicle shall be equipped with at least one (1) steady vehicle shall be equipped with at least one (1) steady

burning red warning lamp visible from at least 1,000 feet burning red warning lamp visible from at least 1,000 feet

to the front of the vehicle to be used as provided in this to the front of the vehicle to be used as provided in this

code and shall only be used when the authorized code and shall only be used when the authorized

emergency vehicle is being operated pursuant to CVC emergency vehicle is being operated pursuant to CVC

21055

21055 - - Emergency Vehicle Operation. Emergency Vehicle Operation.

–– CVC 2007CVC 2007

–– CVC 165.2 (2007)CVC 165.2 (2007)

Legal Aspects Legal Aspects

ƒ ƒ When is a vehicle an authorized When is a vehicle an authorized emergency vehicle?

emergency vehicle?

– – 21055 If the driver or other authorized person of 21055 If the driver or other authorized person of an authorized emergency vehicle (CVC 27002) an authorized emergency vehicle (CVC 27002)

vehicle sounds a siren as may be

vehicle sounds a siren as may be reasonably reasonably necessary

necessary and the vehicle displays a lighted red and the vehicle displays a lighted red lamp visible from the front (CVC 25252) as a

lamp visible from the front (CVC 25252) as a warning to other drivers and pedestrians.

warning to other drivers and pedestrians.

– – 30 30 - - Gives authorization to police, fire, and life Gives authorization to police, fire, and life saving services to utilize red lights saving services to utilize red lights

and sirens.

and sirens.

–– CVC 2007CVC 2007

16

Siren Use Siren Use

ƒ ƒ The siren is required to be sounded in such a The siren is required to be sounded in such a manner that

manner that full range full range of the siren is of the siren is produced.

produced.

ƒ ƒ Intermittent use of the siren is permissible Intermittent use of the siren is permissible

provided it is operated within at least 300 feet provided it is operated within at least 300 feet

of intersections.

of intersections.

ƒƒ LACoFD Manuals VLACoFD Manuals V--D,CD,C--4, S4, S--5, III Policy C5, III Policy C--22

Siren Use Siren Use

ƒ ƒ The sirens effectiveness is based upon the speed of The sirens effectiveness is based upon the speed of the vehicle.

the vehicle.

ƒ ƒ Sound compression Sound compression

–– Increased speed, reduces siren projection.Increased speed, reduces siren projection.

–– Electronic siren:Electronic siren:

ƒƒ 40 MPH = 300’ siren projection40 MPH = 300’ siren projection

ƒƒ 60 MPH = 12’ siren projection60 MPH = 12’ siren projection –– Grinder siren:Grinder siren:

ƒƒ Slightly better projection due to Slightly better projection due to disturbance of air.

disturbance of air.

ƒ

ƒ LACoFD Manuals VLACoFD Manuals V--D,CD,C--4, S4, S--5, III Policy C5, III Policy C--22

18

Air Horn Use Air Horn Use

ƒ ƒ Air horns are not considered authorized Air horns are not considered authorized warning devices by the California State warning devices by the California State

Vehicle Code.

Vehicle Code.

ƒ ƒ Air horn use is permitted as a secondary Air horn use is permitted as a secondary warning device.

warning device.

– – Air horn use guidelines Air horn use guidelines

ƒƒ Use in conjunction with the sirenUse in conjunction with the siren

ƒƒ Use in short burstsUse in short bursts

ƒƒ Don’t drain out the siren Don’t drain out the siren

–– CVC 27000, 27001 & 27002 (2007), LACoFD Manuals V-CVC 27000, 27001 & 27002 (2007), LACoFD Manuals V-D, CD, C--4, S4, S--5, III Policy C5, III Policy C--55

Legal Aspects Legal Aspects

ƒ ƒ Authorized Emergency Vehicle Operation Authorized Emergency Vehicle Operation

– – 21055 If the vehicle is being driven in response to 21055 If the vehicle is being driven in response to an emergency call, from one place to another, or an emergency call, from one place to another, or

from one fire station to another, as

from one fire station to another, as rendered rendered desirable or necessary by reason of an

desirable or necessary by reason of an emergency call

emergency call , or while engaging in rescue , or while engaging in rescue

operations, the driver of the authorized emergency operations, the driver of the authorized emergency vehicle is exempt from certain vehicle is exempt from certain

traffic laws.

traffic laws.

– – The driver is not exempt when The driver is not exempt when returning from a response.

returning from a response.

–

– CVC 2007CVC 2007

20

Legal Aspects Legal Aspects

ƒƒ LACoFD vehicles that shall not operate Code “R” as authorized LACoFD vehicles that shall not operate Code “R” as authorized emergency vehicles :

emergency vehicles : –– Fuel TendersFuel Tenders

–– Heli-Heli-TendersTenders

ƒƒ LACoFD vehicles that shall not operate Code “R” as authorized LACoFD vehicles that shall not operate Code “R” as authorized emergency vehicles, unless they are required to move into

emergency vehicles, unless they are required to move into traffic or bypass congested traffic areas.

traffic or bypass congested traffic areas.

–– Water TendersWater Tenders –– Heavy TransportsHeavy Transports

ƒƒ MoveMove--ups shall be nonups shall be non--Code “R” unless directed by FCCF.Code “R” unless directed by FCCF.

–

– LACoFD Manuals V-LACoFD Manuals V-D, CD, C--4, S4, S--5, III Policy, E5, III Policy, E--8 to E8 to E--1111

Legal Aspects Legal Aspects

ƒ ƒ Emergency Vehicle Operation Emergency Vehicle Operation Exempt Privileges

Exempt Privileges

– – As long as a driver of an authorized emergency As long as a driver of an authorized emergency vehicle drives with due regard and safety for vehicle drives with due regard and safety for

others and does not cause an accident he / she is others and does not cause an accident he / she is exempt from lane position violations (may drive in exempt from lane position violations (may drive in any lane / opposite traffic), may stop or park

any lane / opposite traffic), may stop or park

anywhere, may exceed posted speed limits, turn anywhere, may exceed posted speed limits, turn from any lane in any direction, pass vehicles on from any lane in any direction, pass vehicles on the right (safely), and pass through traffic lights the right (safely), and pass through traffic lights and stop signs (slowly and safely).

and stop signs (slowly and safely).

22

Legal Aspects Legal Aspects

ƒ ƒ Why be cautious? Why be cautious?

ƒ ƒ Why clear Why clear

intersections?

intersections?

ƒ

ƒ http://video.google.com/videoplay?docid=-http://video.google.com/videoplay?docid=- 3916854222274701624&hl=en

3916854222274701624&hl=en

Legal Aspects Legal Aspects

ƒ ƒ Emergency Vehicle Operation Emergency Vehicle Operation Exempt Privilege ????

Exempt Privilege ????

– – 22454 - 22454 - All vehicles must stop for school buses All vehicles must stop for school buses loading / unloading passengers with red lights loading / unloading passengers with red lights flashing or stop sign extended.

flashing or stop sign extended.

ƒƒ CVC 2007CVC 2007

– – NFPA 1500 6.2.8 (2002) requires that all NFPA 1500 6.2.8 (2002) requires that all

Authorized Emergency Vehicles stop for school Authorized Emergency Vehicles stop for school buses with red lights flashing or stop sign

buses with red lights flashing or stop sign extended.

extended.

24

Legal Aspects Legal Aspects

ƒ ƒ Emergency Vehicle Operation Emergency Vehicle Operation Non Non - - Exempt Privileges Exempt Privileges

–– 22451 –22451 – 22452 All placarded vehicles or vehicle that are 22452 All placarded vehicles or vehicle that are transporting employees in addition to those riding in the cab transporting employees in addition to those riding in the cab approaching a railroad or rail transit grade crossing shall approaching a railroad or rail transit grade crossing shall stop not less than 15 feet from the nearest rail and not stop not less than 15 feet from the nearest rail and not proceed until crossing can be done safely.

proceed until crossing can be done safely.

ƒƒ This applies to non-This applies to non-code driving, we are exempt during code driving, we are exempt during Code R driving.

Code R driving.

ƒƒ This applies to engines, trucks, quints with open jump This applies to engines, trucks, quints with open jump seats, tillered vehicles, camp crew carriers, and Class A seats, tillered vehicles, camp crew carriers, and Class A Hazardous Materials vehicles.

Hazardous Materials vehicles.

ƒ

ƒ LACoFD Manuals V-LACoFD Manuals V-D, CD, C--4, S4, S--5, III Policy H5, III Policy H--22

ƒƒ NFPA 1500 6.2.8 (2002)NFPA 1500 6.2.8 (2002)

ƒƒ IAFF & NTSBIAFF & NTSB

ƒƒ CVC 2007CVC 2007

Legal Aspects Legal Aspects

ƒ ƒ Effect of Exemption Effect of Exemption

– – 21056 and 21807 21056 and 21807

ƒ ƒ Sections 21055 and 21806 do not relieve the Sections 21055 and 21806 do not relieve the driver of a vehicle or an authorized emergency driver of a vehicle or an authorized emergency vehicle from the

vehicle from the duty to drive with due regard duty to drive with due regard for the safety

for the safety of all persons of all persons using the highway, using the highway, nor protect

nor protect him or her from the consequences him or her from the consequences of an arbitrary exercise of the “privileges”

of an arbitrary exercise of the “privileges”

granted (AKA “negligence”).

granted (AKA “negligence”).

–– CVC 2007CVC 2007

–– If the driver is involved in an accident, it may be assumed thatIf the driver is involved in an accident, it may be assumed that the the

26

Legal Aspects Legal Aspects

ƒ ƒ Effect of Exemption Effect of Exemption

– – 21056 and 21807 21056 and 21807

ƒ ƒ Although there are exemptions in place to Although there are exemptions in place to

protect emergency vehicle operators, Sections protect emergency vehicle operators, Sections 21055 and 21806 may revoke any of those

21055 and 21806 may revoke any of those

exemptions at any time, especially if there is an exemptions at any time, especially if there is an incident that can be proved to be the fault of the incident that can be proved to be the fault of the emergency vehicle driver.

emergency vehicle driver.

ƒ ƒ Especially incidents at: Especially incidents at:

–– IntersectionsIntersections –– Railroad tracksRailroad tracks

Legal Aspects Legal Aspects

ƒ ƒ 22350 Basic Speed Law 22350 Basic Speed Law

– – No person shall drive a vehicle upon a highway No person shall drive a vehicle upon a highway (road) at a speed greater than is reasonable or (road) at a speed greater than is reasonable or

prudent having due regard for weather, visibility, prudent having due regard for weather, visibility,

the traffic on, and the surface and width of, the the traffic on, and the surface and width of, the

highway(road), and in no event at a speed highway(road), and in no event at a speed

which endangers the safety of persons or which endangers the safety of persons or

property.

property.

–– CVC 2007CVC 2007

28

Legal Aspects Legal Aspects

ƒ ƒ LACoFD Policy LACoFD Policy

– – Engines, Trucks, Quints, Fuel Tenders, Engines, Trucks, Quints, Fuel Tenders, Heli Heli - - Tenders, & Trailer equipped vehicles Tenders, & Trailer equipped vehicles

ƒ ƒ No person shall drive any of the above vehicles at a No person shall drive any of the above vehicles at a speed in excess of 55 MPH or the posted speed limit.

speed in excess of 55 MPH or the posted speed limit.

ƒ ƒ This policy applies to both emergency and non- This policy applies to both emergency and non - emergency operation.

emergency operation.

–– LACoFD Policy VLACoFD Policy V--D, CD, C--4, S4, S--5, III Policy F5, III Policy F--11

Legal Aspects Legal Aspects

ƒ ƒ Liability of a Public Entity Liability of a Public Entity

– – 17001 & 17002 17001 & 17002 - - A public entity A public entity is is liable for liable for death or injury to a person or property

death or injury to a person or property caused by a

caused by a negligent negligent or or wrongful act wrongful act , or , or omission

omission in the operation of any motor in the operation of any motor

vehicle by an employee of the public entity vehicle by an employee of the public entity

acting within the scope

acting within the scope of their of their employment.

employment.

ƒƒ CVC 2007CVC 2007

30

Legal Aspects Legal Aspects

ƒ ƒ Liability of a Public Entity Liability of a Public Entity

– – 17004 A public employee 17004 A public employee is not is not liable for liable for civil damages

civil damages on account of personal injury on account of personal injury to or death of any person or damage to

to or death of any person or damage to

property resulting from the operation, in property resulting from the operation, in the line of duty,

the line of duty, of an of an authorized authorized emergency emergency vehicle while responding

vehicle while responding to to an emergency an emergency call. This

call. This does not does not apply to returning from a apply to returning from a fire alarm or other emergency call.

fire alarm or other emergency call.

ƒ ƒ But an employee who violates a Department policy But an employee who violates a Department policy may be held liable.

may be held liable.

ƒƒ CVC 2007CVC 2007

Legal Aspects Legal Aspects

ƒ ƒ Personal Liability Personal Liability

– – CVC 17004, 21055, & 21056 CVC 17004, 21055, & 21056

– – Does Does not not protect the driver or a supervisor from protect the driver or a supervisor from criminal charges or conviction of driving without criminal charges or conviction of driving without

the due regard and safety for others or the due regard and safety for others or

negligent vehicle operation.

negligent vehicle operation.

–– CVC 2007CVC 2007

32

Legal Aspects Legal Aspects

ƒ ƒ Evidence Code 669 Evidence Code 669

– – Any law, code, policy, procedure, or standard Any law, code, policy, procedure, or standard that is created and/or adopted by the Department that is created and/or adopted by the Department or a governmental agency, may be used against or a governmental agency, may be used against a defendant of that organization to prove

a defendant of that organization to prove negligence towards a conviction.

negligence towards a conviction.

Legal Aspects Legal Aspects

ƒ ƒ Personal Liability Personal Liability

– – Past – Past – Attitudes toward fire department driving Attitudes toward fire department driving practices (public acceptance, can do no wrong).

practices (public acceptance, can do no wrong).

– – New Trends New Trends – – Past 10 Past 10 - - 15 years 15 years – – society has held society has held emergency drivers to a higher level of accountability.

emergency drivers to a higher level of accountability.

– – Legal Aspects Legal Aspects – – Emergency vehicle operators can Emergency vehicle operators can be held personally and professionally liable for their be held personally and professionally liable for their actions.

actions.

– – Criminal Negligence Criminal Negligence – – 15 to 20 cases nationwide 15 to 20 cases nationwide where emergency vehicle operators were found where emergency vehicle operators were found

guilty of criminal manslaughter or homicide charges.

guilty of criminal manslaughter or homicide charges.

34

Legal Aspects Legal Aspects

ƒ ƒ Personal Liability Personal Liability

– – If an emergency vehicle is driven with the If an emergency vehicle is driven with the disregard for the safety of others, criminal disregard for the safety of others, criminal

charges can and will be filed against the charges can and will be filed against the

driver and possibly the supervisor.

driver and possibly the supervisor.

– – If an emergency vehicle operator, or If an emergency vehicle operator, or

agency, has knowledge of a vehicle safety agency, has knowledge of a vehicle safety

defect, and the vehicle remains in service defect, and the vehicle remains in service

and is driven, the operator and the agency and is driven, the operator and the agency

can be held criminally liable for the can be held criminally liable for the

disregard for the safety of others.

disregard for the safety of others.

Legal Aspects Legal Aspects

ƒ ƒ Personal Liability Personal Liability – – Criminal Vs. Civil Criminal Vs. Civil

– – Criminal Criminal

ƒ ƒ Judged on the letter of the law (reasonable Judged on the letter of the law (reasonable doubt).

doubt).

ƒ ƒ Penalty : Jail/Prison/Probation Penalty : Jail/Prison/Probation

–– Loss of firefighting job/careerLoss of firefighting job/career

– – Civil Civil

ƒ ƒ Can be held liable for a percentage of Can be held liable for a percentage of negligence for the incident.

negligence for the incident.

ƒ ƒ Penalty : Cash/Money Penalty : Cash/Money

36

Legal Aspects Legal Aspects

ƒ ƒ NWCG Guidelines NWCG Guidelines

ƒ ƒ National Wildland Coordinating Group National Wildland Coordinating Group

– – No driver shall drive more than 10 hours behind No driver shall drive more than 10 hours behind the wheel within any duty day.

the wheel within any duty day.

– – A driver shall only drive if they have had at least 8 A driver shall only drive if they have had at least 8 consecutive hours of off duty before beginning a consecutive hours of off duty before beginning a shift.

shift.

(This is off the fire line -(This is off the fire line - AKA in Base camp)AKA in Base camp)

– – All members shall adhere to a work / rest ratio All members shall adhere to a work / rest ratio of 2 to 1.

of 2 to 1.

ƒƒ Exceptions are made for immediate resource need, critical Exceptions are made for immediate resource need, critical suppression objectives, firefighter and public safety issues.

suppression objectives, firefighter and public safety issues.

–– Feb. 2004Feb. 2004

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Legal Aspects Legal Aspects

ƒ ƒ Break time Break time

38

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ So, if involved in an accident, a court So, if involved in an accident, a court

may/will judge your actions as an emergency may/will judge your actions as an emergency

vehicle operator on two primary vehicle operator on two primary

considerations : considerations :

– – Was the emergency vehicle responding to a Was the emergency vehicle responding to a true true emergency?

emergency?

– – Did the emergency vehicle driver exercise due Did the emergency vehicle driver exercise due regard

regard for the safety of others? for the safety of others?

ƒ ƒ If you can not answer these for sure, think If you can not answer these for sure, think twice about your driving habits.

twice about your driving habits.

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ One other question the court will ask : One other question the court will ask :

– – If your emergency vehicle was not there to If your emergency vehicle was not there to begin with, would the accident have

begin with, would the accident have happened?

happened?

ƒ ƒ The Answer : The Answer :

– – Probably NOT. Probably NOT.

ƒ

ƒ Slow transition to next slide.Slow transition to next slide.

40

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Other recent cases. Other recent cases.

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Other recent cases. Other recent cases.

42

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Other recent cases. Other recent cases.

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Other recent cases. Other recent cases.

44

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Other recent cases. Other recent cases.

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Remember Remember

– – Involuntary Vehicular Homicide Involuntary Vehicular Homicide – – Involuntary Manslaughter Involuntary Manslaughter

– – Aggravated Vehicular Homicide Aggravated Vehicular Homicide

46

DUI Laws

DUI Laws

Defensive and Safe Driving Defensive and Safe Driving

ƒƒ DUI LawsDUI Laws

–– Laws are now the same if you are driving your personal vehicle (Laws are now the same if you are driving your personal vehicle (Class C non-Class C non- commercial) or a commercial vehicle (Class A or B) if you posses

commercial) or a commercial vehicle (Class A or B) if you posses a commercial a commercial license.

license.

–– DUI alcohol and/or drugsDUI alcohol and/or drugs

ƒ

ƒ .04% BAC while driving a commercial vehicle..04% BAC while driving a commercial vehicle.

ƒ

ƒ .05% to .07% BAC while driving any vehicle at the.05% to .07% BAC while driving any vehicle at the

discretion of the arresting officer, does he or she believe discretion of the arresting officer, does he or she believe you are impaired.

you are impaired.

ƒƒ .08% BAC and above while driving any .08% BAC and above while driving any non-non-commercial vehicle.commercial vehicle.

ƒƒ Alcohol use prior to workAlcohol use prior to work

–– Do not use alcohol 12 hours prior to work.Do not use alcohol 12 hours prior to work.

–

– Motor Carrier Safety Improvement Act (MCSIA) 1999, Effective in California September 20, 2005Motor Carrier Safety Improvement Act (MCSIA) 1999, Effective in California September 20, 2005 –– LACOFD Vol. 2, Ch. 4, Sub. 24LACOFD Vol. 2, Ch. 4, Sub. 24

48

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ DUI Laws DUI Laws

– – Penalties Penalties

ƒƒ First conviction = 1 year commercial license suspension / First conviction = 1 year commercial license suspension / disqualification.

disqualification.

ƒƒ Subsequent conviction within 10 years = Lifetime commercial Subsequent conviction within 10 years = Lifetime commercial license suspension / disqualification.

license suspension / disqualification.

ƒƒ Refusing to take or complete a chemical test = 1 year Refusing to take or complete a chemical test = 1 year commercial license suspension / disqualification.

commercial license suspension / disqualification.

ƒƒ Subsequent refusal of chemical test = Lifetime commercial Subsequent refusal of chemical test = Lifetime commercial license suspension / disqualification.

license suspension / disqualification.

–

– MCSIA 1999MCSIA 1999

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ The New DUI Test The New DUI Test

– – Can you pass it Can you pass it

ƒƒ http://video.google.com/videoplay?docidhttp://video.google.com/videoplay?docid==-- 4623089939189983087&hl=en

4623089939189983087&hl=en

50

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Other New Laws / Penalties Other New Laws / Penalties

– – Traffic Violator School Traffic Violator School

ƒƒ Commercial license holders are no longer permitted to attend Commercial license holders are no longer permitted to attend a Traffic Violator School in lieu of any traffic offense penalty a Traffic Violator School in lieu of any traffic offense penalty or sanction imposed.

or sanction imposed.

ƒƒ A judge cannot reduce your penalty.A judge cannot reduce your penalty.

ƒƒ A judge cannot order a work permit (restricted) commercial A judge cannot order a work permit (restricted) commercial driver license.

driver license.

–

– MCSIA 1999MCSIA 1999

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Video Video

ƒ ƒ LACoFD Policy LACoFD Policy

–– Engine brakes / Engine brakes /

retarders shall be used retarders shall be used in either the lowest

in either the lowest setting or completely setting or completely off in wet or slippery off in wet or slippery road conditions. It is road conditions. It is permissible to test the permissible to test the engine brake / retarder engine brake / retarder to see if it is effective, to see if it is effective, prior to actually

prior to actually needing it

needing it ⁽(Vol. D, Ch. 5, Sub. 1)Vol. D, Ch. 5, Sub. 1)

ƒ

ƒ http://video.google.com/videoplay?docidhttp://video.google.com/videoplay?docid=9020301009=9020301009 839848282&hl=en

839848282&hl=en

Accident : August 9, 2005 Charged : August 25, 2006

52

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Remember Remember – – seat belts save lives! seat belts save lives!

ƒ ƒ And it’s the law. And it’s the law.

ƒ ƒ Cal Fire (CDF) Cal Fire (CDF)

–– Engine 66 Beaumont Engine 66 Beaumont example

example

NFPA 1500 6.2.5 (2002) NFPA 1451 8.3 (2002)

CVC 27305 & 27315 (2007)

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Seat belts, Seat belts, Seat belts! Seat belts, Seat belts, Seat belts!

ƒ ƒ No standing on the rig! No standing on the rig!

ƒ ƒ Topanga Fire 2005 Topanga Fire 2005

NFPA 1500 6.2.5 (2002)

54

Defensive and Safe Defensive and Safe

Driving Driving

ƒ ƒ Driving Safely Driving Safely

ƒ ƒ A DRIVER A DRIVER

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ Defensive driver Defensive driver

– – The defensive driver The defensive driver

ƒƒ Make allowances for his or her own deficienciesMake allowances for his or her own deficiencies

ƒƒ Make allowances for lack of skill and knowledge of Make allowances for lack of skill and knowledge of others

others

ƒƒ Understands they have no control over Understands they have no control over –– Unpredictable actions of other driversUnpredictable actions of other drivers –– Unpredictable actions of pedestriansUnpredictable actions of pedestrians –– Over weather or road conditionsOver weather or road conditions

ƒƒ Will give up their right-Will give up their right-of-of-way way

ƒƒ Make whatever concessions to avoid collisionsMake whatever concessions to avoid collisions

56

Defensive and Safe Driving Defensive and Safe Driving

ƒ ƒ “ “ A Driver” A Driver”

– – Has the proper balance Has the proper balance

ƒ ƒ A A ttitude ttitude

ƒ ƒ D D istractions (Lack of) istractions (Lack of)

ƒ ƒ R R est/R est/ R eadiness eadiness

ƒ ƒ I I ntuition / ntuition / I I ntent ntent

ƒ ƒ V V ehicle Knowledge ehicle Knowledge

ƒ ƒ E E xperience xperience

ƒ ƒ R R epair – epair – state of the vehicle state of the vehicle

A A DRIVER DRIVER

ƒ ƒ Attitude Attitude

– – Most important Most important

– – Mental regard for ourselves and others (A.K.A. Mental regard for ourselves and others (A.K.A. - - Professionalism)

Professionalism)

– – Not inbred. Rather, it is learned. Not inbred. Rather, it is learned.

– – Pride in past record. Pride in past record.

– – Faith in experience. Faith in experience.

– – Always follows laws and policies. Always follows laws and policies.

58

Negative Driver Attitude Negative Driver Attitude

ƒ ƒ Overconfidence Overconfidence

ƒ ƒ Lack of confidence Lack of confidence

ƒ ƒ Self Self - - righteousness righteousness

ƒ ƒ Aggression Aggression

ƒ ƒ Impatience Impatience

ƒ ƒ Preoccupation Preoccupation

ƒ ƒ Peer pressure Peer pressure

ƒ ƒ Extreme conditions Extreme conditions

A A D D RIVER RIVER

ƒ ƒ Distractions Distractions

– – Drivers must Drivers must limit the effects of limit the effects of concentration loss due to:

concentration loss due to:

ƒƒ PassengersPassengers

ƒƒ Noise (sirens, communications)Noise (sirens, communications)

ƒƒ WeatherWeather

ƒƒ TrafficTraffic

ƒƒ MDTMDT

– – How many sides of the apparatus How many sides of the apparatus do you need to be concerned with?

do you need to be concerned with?

ƒƒ SevenSeven

–– Front, Left, Back, Right, Top, Bottom, Front, Left, Back, Right, Top, Bottom, Inside

Inside

60

A D A D R R IVER IVER

ƒ ƒ Rest/Readiness Rest/Readiness

– – Physical Fitness Physical Fitness

– – Mental Fitness Mental Fitness

Driver Physical Fitness Driver Physical Fitness

ƒ ƒ General condition General condition

ƒ ƒ Age deficiencies begin to appear Age deficiencies begin to appear

– – Diminishing eyesight Diminishing eyesight – – Slower reaction time Slower reaction time

ƒ ƒ Fatigue Fatigue

– – Acute Acute – – Chronic Chronic

ƒ ƒ Sight Sight

– – Visual acuity, peripheral vision, color perception, Visual acuity, peripheral vision, color perception, depth perception, fatigued eyes

depth perception, fatigued eyes

ƒ ƒ Hearing Hearing

62

Driver Mental Fitness Driver Mental Fitness

ƒ ƒ Mental alertness to the operational task Mental alertness to the operational task

ƒ ƒ Mental fatigue Mental fatigue (Acute & Chronic) (Acute & Chronic)

ƒ ƒ Emotional problems Emotional problems

ƒ ƒ Substance use Substance use – – medications or alcohol medications or alcohol

ƒ ƒ Substance abuse Substance abuse – – alcohol, drugs / medications, alcohol, drugs / medications, legal or illegal

legal or illegal

ƒ ƒ Stress Stress

ƒ ƒ Increased perception, decision and reaction time Increased perception, decision and reaction time

A DR A DR I I VER VER

ƒ ƒ Intuition / Intent Intuition / Intent

– – Habits Habits

– – Judgment Judgment

64

Habits Habits

ƒ ƒ Sight Sight

– – Get the big picture. Get the big picture.

– – Look ahead Look ahead – – one city block or ¼ mile. one city block or ¼ mile.

– – Aim high in steering. Aim high in steering.

– – Eye to eye contact with other drivers. Eye to eye contact with other drivers.

ƒƒ Make sure they see and hear you!!Make sure they see and hear you!!

– – Keep eyes moving. Keep eyes moving.

ƒƒ ForwardForward

ƒƒ Side to sideSide to side

ƒƒ Use mirrorsUse mirrors

Habits Habits

ƒ ƒ Mirrors Mirrors

– – Scan mirrors often. Scan mirrors often.

– – Do not focus on one object for long periods of Do not focus on one object for long periods of time.

time.

ƒ ƒ Causes driver hypnosis Causes driver hypnosis

–– #1 hypnotic device during driving#1 hypnotic device during driving

ƒƒ Cell phone. Compared to BAC .10%Cell phone. Compared to BAC .10%

– – Convex mirrors (spot mirrors) Convex mirrors (spot mirrors)

ƒ ƒ Objects Objects may may appear appear

smallersmaller andand fartherfarther awayaway

. .

66

Habits Habits

ƒ ƒ Headlights Headlights

– – Increases vehicle visibility. Increases vehicle visibility.

– – LACoFD Policy LACoFD Policy – – “All apparatus and vehicles “All apparatus and vehicles being driven on any road or highway shall be being driven on any road or highway shall be

operated with the headlights on at all times with operated with the headlights on at all times with

the exception of staff vehicles and passenger the exception of staff vehicles and passenger

sedans” or anytime visibility is below 1,000 feet sedans” or anytime visibility is below 1,000 feet

or windshield wipers are activated.

or windshield wipers are activated.

–– LACoFD Manual VLACoFD Manual V-D, C-D, C--4, S4, S--5, III Policy C5, III Policy C--44 –

– CVC 24400 (2007)CVC 24400 (2007)

Habits Habits

ƒ ƒ Turn Signals Turn Signals

– – VC 22108 Signals shall be used at least VC 22108 Signals shall be used at least 100 feet prior to a lane change or turn.

100 feet prior to a lane change or turn.

–– CVC 2007, LACoFD Manual V-CVC 2007, LACoFD Manual V-D,CD,C--4, S4, S--1, III Policy C1, III Policy C--44

68

Habits Habits

ƒ ƒ Braking Braking

– – Always attempt to utilize smooth braking skills. Always attempt to utilize smooth braking skills.

ƒƒ It is better to be a little hard / heavy at the beginning, then ease It is better to be a little hard / heavy at the beginning, then ease up near the end of braking.

up near the end of braking.

– – Types of braking Types of braking

ƒ ƒ Evasive Evasive

ƒ ƒ Threshold Threshold

ƒ ƒ Straight line Straight line

ƒ ƒ Trail Trail

ƒ ƒ Down grade Down grade

Habits Habits

ƒ ƒ Braking Braking

–– EvasiveEvasive

ƒƒ Panic, sudden aggressive braking, usually turns into a skid.Panic, sudden aggressive braking, usually turns into a skid.

–– Threshold Threshold

ƒƒ Applied to full potential without locking into skid.Applied to full potential without locking into skid.

ƒƒ ABS does this automatically.ABS does this automatically.

–– Straight lineStraight line

ƒƒ Apply brakes before curve or turning.Apply brakes before curve or turning.

–– TrailTrail

ƒƒ Slowly release brake pressure as the vehicle enters the curve Slowly release brake pressure as the vehicle enters the curve or turn.

or turn.

ƒƒ Transfers weight to turning wheels and lessens probability of a Transfers weight to turning wheels and lessens probability of a skid.

skid.

70

Habits Habits

ƒ ƒ Braking Braking

–– Planning is the keyPlanning is the key

ƒƒ Before a curve or turnBefore a curve or turn

ƒƒ Before driving downhillBefore driving downhill

ƒƒ Before the need to stopBefore the need to stop

ƒƒ Utilize secondary braking devices (ex: Jacob, Thelma)Utilize secondary braking devices (ex: Jacob, Thelma) –– Anti-Anti-lock systemlock system

ƒƒ Allows steering while brakingAllows steering while braking

ƒƒ Prevents most skidsPrevents most skids –– Brake fadeBrake fade

ƒƒ Caused by overheatingCaused by overheating

Habits Habits

ƒ ƒ Braking Braking

– – Down grade Down grade

ƒƒ Utilize short applications.Utilize short applications.

ƒƒ Slow down to 5 MPH below the “safe speed”.Slow down to 5 MPH below the “safe speed”.

ƒƒ Then release brakes.Then release brakes.

ƒƒ Allow the vehicle to reach the “safe speed”, then brake Allow the vehicle to reach the “safe speed”, then brake again to slow down to 5 MPH below the “safe speed”

again to slow down to 5 MPH below the “safe speed”

again.

again.

–– Example Example

ƒƒ Safe speed = 40 MPHSafe speed = 40 MPH

ƒƒ Slow down to 35 MPHSlow down to 35 MPH

ƒƒ Then allow speed to increase to 40 MPHThen allow speed to increase to 40 MPH

72

Habits Habits

ƒ ƒ Steering Steering

– – Hand placement Hand placement

ƒ ƒ 10 & 2 10 & 2

ƒ ƒ 9 & 3 9 & 3

ƒ ƒ 4 & 8 (airbags) 4 & 8 (airbags) – – Turning Turning

ƒ ƒ Hand shuffle method Hand shuffle method

ƒ ƒ Hand Hand - - over over - - hand method hand method

ƒ ƒ Feel of Control Systems Feel of Control Systems

– – Steering wheel Steering wheel

– – Accelerator Accelerator

– – Brakes Brakes

Habits Habits

ƒ ƒ Turning Turning

–– Early apex –Early apex – Not good to Not good to use, can cause under use, can cause under steer (caused by driving steer (caused by driving too fast)

too fast)

–– Geometric apex –Geometric apex – Center Center of turn

of turn

–– Late apex –Late apex – Best to use, Best to use, creates greatest control creates greatest control

Geometric Apex

Apexes

Direction of travel

Early Apex

Late Apex

74

Zone 1 Zone 2 Zone 3

2. Entry Zone 2. Entry Zone

Driving Zones

Direction of travel

3. Exit Zone 3. Exit Zone

Straight line braking Downshift apparatus 1. Approach Zone 1. Approach Zone

Start turning

Begin trail braking No acceleration

Accelerate

Turning

Right Turns Right Turns

ƒ Turn slowly

ƒ Go deep if needed

ƒ As the arrow indicates

ƒ Do NOT turn left prior to turning right

ƒ This may cause other drivers to think you are turning left and gutter snipe you

ƒ Start turn in the “slow lane”

ƒ Finish turn in the “slow lane”

76

Turning

Left Turns Left Turns

ƒ Turn slowly

ƒ Start turn in the “fast lane” or dedicated left turn lane

ƒ Finish turn in either lane, preferred “slow lane”

ƒ If turning from double turn lanes, make turn for the widest turn path

ƒAs the arrow indicates

Habits Habits

ƒ ƒ Proper turning? Proper turning?

ƒ ƒ Proper responding? Proper responding?

ƒƒ http://video.google.com/videoplay?docidhttp://video.google.com/videoplay?docid==-- 7565505499559385977&hl=en

7565505499559385977&hl=en

78

Habits Habits

ƒ ƒ Vehicle Control Vehicle Control

– – Rear end swing Rear end swing

– – Rear tire cheating during turns Rear tire cheating during turns

ƒƒ Longer wheelbase, more cheatingLonger wheelbase, more cheating

– – Dry steering Dry steering

ƒƒ Turn in direction of travel before stoppingTurn in direction of travel before stopping

– – Skids Skids

ƒƒ Release brakes –Release brakes – let wheel turnlet wheel turn

ƒƒ Turn towards direction of desired travelTurn towards direction of desired travel

– – Tire blowout Tire blowout

ƒƒ Front –Front – Both hands on wheel, no brakesBoth hands on wheel, no brakes

–– May cause vehicle to make right angle turnMay cause vehicle to make right angle turn

ƒƒ Rear Rear –– Both hands on wheel, brake slowlyBoth hands on wheel, brake slowly

Habits Habits

ƒ ƒ Backing Backing

– – Large cause of accidents Large cause of accidents

(# 1 preventable accident) (# 1 preventable accident)

ƒ ƒ Avoid when possible Avoid when possible

ƒ ƒ Use a helper Use a helper

ƒ ƒ Circle of safety Circle of safety

– – Backing signals/buzzers Backing signals/buzzers

ƒ ƒ One = Stop One = Stop

ƒ ƒ Two = Forward Two = Forward

ƒ ƒ Three = Reverse Three = Reverse

– – Verbal communication (head set) is best! Verbal communication (head set) is best!

80

Habits Habits

ƒ ƒ Lane Position Lane Position

– – Keep toward the left. Keep toward the left.

ƒƒ Vehicle will appear Vehicle will appear larger.

larger.

– – Keep space in front of Keep space in front of your vehicle.

your vehicle.

– – No Tailgating No Tailgating

Habits Habits

ƒ ƒ Plan Routes Plan Routes

ƒ ƒ Respond in tandem, do not pass other Respond in tandem, do not pass other emergency vehicles

emergency vehicles

ƒ ƒ Understand Traffic Patterns Understand Traffic Patterns

– – Time of day Time of day

– – Construction areas Construction areas – – Congested areas Congested areas

ƒ ƒ Be aware of other responding vehicles Be aware of other responding vehicles

82

Habits Habits

ƒ ƒ Check station apparatus bay doors Check station apparatus bay doors

ƒ ƒ Check apparatus compartment doors Check apparatus compartment doors

ƒ ƒ Hot start / shoreline / charging cords Hot start / shoreline / charging cords

– – Ensure they are disconnected Ensure they are disconnected

Judgment Judgment

ƒ ƒ Driving maturity under emergency and Driving maturity under emergency and non non - - emergency conditions. (Get over emergency conditions. (Get over

the rush) the rush)

ƒ ƒ Maintaining composure (common sense Maintaining composure (common sense approach).

approach).

ƒ ƒ Make allowances for the deficiencies or Make allowances for the deficiencies or mistakes of other drivers.

mistakes of other drivers.

ƒ ƒ Learn to expect the unexpected. Learn to expect the unexpected.

ƒ ƒ Give the public time to react Give the public time to react

84

Judgment Judgment

ƒ ƒ Vehicles are easily recognizable Vehicles are easily recognizable

ƒ ƒ Be professional Be professional

ƒ ƒ Be courteous Be courteous

ƒ ƒ Remember we are asking for the Remember we are asking for the right

right - - of of - - way, not demanding it. way, not demanding it.

A DRI

A DRI V V ER ER

ƒ ƒ Vehicle Knowledge Vehicle Knowledge

– – Apparatus limitations Apparatus limitations

ƒ ƒ Braking Braking

ƒ ƒ Turning Turning

ƒ ƒ Performance Performance

ƒ ƒ Reactions Reactions

ƒ ƒ Maintenance Maintenance

86

A DRIV

A DRIV E E R R

ƒ ƒ Experience Experience

– – Skill Skill

ƒ ƒ Psychomotor skills Psychomotor skills

ƒ ƒ Understanding the physical forces acting upon a Understanding the physical forces acting upon a vehicle

vehicle

ƒ ƒ Level of driver knowledge and experience Level of driver knowledge and experience

ƒ ƒ Training – Training – Required by NFPA 1451 Required by NFPA 1451

ƒ ƒ Ability + Ability + Training = Training = Skill Skill

ƒ ƒ Skill Skill ± ± Attitude Attitude = = Performance Performance