§ 4106 — Authorized emergency vehicles

Delaware § 4106

• Jurisdiction: Delaware
• Title: 21
• Part: Operation and Equipment
• Ch. 41: RULES OF THE ROAD
• Subch.: Traffic Signs, Signals and Markings

Text

(a) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to but not upon returning from a fire alarm, may exercise the privileges set forth in this section, but subject to the conditions herein stated.

(b) The driver of an authorized emergency vehicle may:

(1) Park or stand, irrespective of the provisions of this chapter;

(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation;

(3) Exceed the speed limits so long as the driver does not endanger life or property;

(4) Disregard regulations governing direction of movement or turning in specified directions.

(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of audible or visual signals meeting the requirements of this title, except that an authorized emergency vehicle operated as a police vehicle need not make use of such signals.

(d) The driver of an emergency vehicle is not liable for any damage to or loss of property or for any personal injury or death caused by the negligent or wrongful act or omission of such driver except acts or omissions amounting to gross or wilful or wanton negligence so long as the applicable portions of subsection (c) of this section have been followed. The owner of such emergency vehicle may not assert the defense of governmental immunity in any action on account of any damage to or loss of property or on account of personal injury or death caused by the negligent or wrongful act or omission of such driver or owner.

(e) Authorized emergency vehicles within the meaning of this chapter mean vehicles of a fire department, police vehicles, ambulances, vehicles used by a fire chief, deputy fire chief, assistant fire chief, chief engineer or fire police officer of any duly organized fire company in the performance of those duties, vehicles under the control of the Delaware State Fire Prevention Commission, the vehicle of the State Forester in the performance of the State Forester’s duties, the vehicle of the Forest Fire Control Supervisor in the performance of the Forest Fire Control Supervisor’s duties, the vehicles of the State Emergency Response Team in the performance of its duties, the vehicles of the Department of Correction, Bureau of Prisons and Bureau of Community Corrections in the performance of their respective duties, and emergency vehicles of state, federal, county or municipal departments or public service corporations as are designated or authorized by the Secretary of Safety and Homeland Security.

Legislative History

21 Del. C. 1953, § 4106; 54 Del. Laws, c. 160, § 1 ; 61 Del. Laws, c. 461, § 1 ; 63 Del. Laws, c. 162, § 1 ; 63 Del. Laws, c. 300, § 1 ; 68 Del. Laws, c. 251, § 1 ; 70 Del. Laws, c. 186, § 1 ; 75 Del. Laws, c. 89, § 281(a) ; 77 Del. Laws, c. 6, § 1 ; 83 Del. Laws, c. 224, § 1 ; 83 Del. Laws, c. 370, § 1