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2017 SESSION
17100933DBe it enacted by the General Assembly of Virginia:
1. That §§ 46.2-920 and 46.2-1024
§ 46.2-920. Certain vehicles exempt from regulations in
certain situations; exceptions and additional requirements. A. The driver of any emergency vehicle, when such vehicle is
being used in the performance of public services, and when such vehicle is
operated under emergency conditions, may, without subjecting himself to
criminal prosecution: 1. Disregard speed limits, while having due regard for safety
of persons and property; 2. Proceed past any steady or flashing red signal, traffic
light, stop sign, or device indicating moving traffic shall stop if the speed
of the vehicle is sufficiently reduced to enable it to pass a signal, traffic
light, or device with due regard to the safety of persons and property; 3. Park or stop notwithstanding the other provisions of this
chapter; 4. Disregard regulations governing a direction of movement of
vehicles turning in specified directions so long as the operator does not
endanger life or property; 5. Pass or overtake, with due regard to the safety of persons
and property, another vehicle at any intersection; 6. Pass or overtake with due regard to the safety of persons
and property, while en route to an emergency, stopped or slow-moving vehicles,
by going to the left of the stopped or slow-moving vehicle either in a
no-passing zone or by crossing the highway centerline; or 7. Pass or overtake with due regard to the safety of persons
and property, while en route to an emergency, stopped or slow-moving vehicles,
by going off the paved or main traveled portion of the roadway on the right.
Notwithstanding other provisions of this section, vehicles exempted in this
instance will not be required to sound a siren or any device to give
automatically intermittent signals. B. The exemptions granted to emergency vehicles by subsection
A in subdivisions A1, A3, A4, A5, and A6 shall apply only when the operator of
such vehicle displays a flashing, blinking, or alternating emergency light or
lights as provided in §§ 46.2-1022 C. For the purposes of this section, the term "emergency
vehicle" shall mean: 1. Any law-enforcement vehicle operated by or under the
direction of a federal, state, or local law-enforcement officer (i) in the
chase or apprehension of violators of the law or persons charged with or
suspected of any such violation or (ii) in response to an emergency call; 2. Any regional detention center vehicle operated by or under
the direction of a correctional officer responding to an emergency call or
operating in an emergency situation; 3. Any vehicle used to fight fire, or
privately owned vehicle operated by an operational officer of a professional or
volunteer fire department, including publicly owned state
forest warden vehicles, when traveling in response to a fire alarm or emergency
call; 4. Any emergency medical services vehicle,
or privately owned vehicle operated by an operational officer of a professional
or volunteer fire department, designed or used for the
principal purpose of providing emergency medical services where human life is
endangered; 5. Any Department of Emergency Management vehicle or Office of
Emergency Medical Services vehicle, when responding to an emergency call or
operating in an emergency situation; 6. Any Department of Corrections vehicle designated by the
Director of the Department of Corrections, when (i) responding to an emergency
call at a correctional facility, (ii) participating in a drug-related
investigation, (iii) pursuing escapees from a correctional facility, or (iv)
responding to a request for assistance from a law-enforcement officer; 7. Any vehicle authorized to be equipped with alternating,
blinking, or flashing red or red and white secondary warning lights under the
provisions of § 46.2-1029.2; and 8. Any Virginia National Guard Civil Support Team vehicle when
responding to an emergency. D. Any law-enforcement vehicle operated by or under the
direction of a federal, state, or local law-enforcement officer may disregard
speed limits, while having due regard for safety of persons and property, (i)
in testing the accuracy of speedometers of such vehicles, (ii) in testing the
accuracy of speed measuring devices specified in § 46.2-882, or (iii) in
following another vehicle for the purpose of determining its speed. E. A Department of Environmental Quality vehicle, while en
route to an emergency and with due regard to the safety of persons and
property, may overtake and pass stopped or slow-moving vehicles by going off
the paved or main traveled portion of the highway on the right or on the left.
These Department of Environmental Quality vehicles shall not be required to
sound a siren or any device to give automatically intermittent signals, but
shall display red or red and white warning lights when performing such
maneuvers. F. Any law-enforcement vehicle operated by or under the
direction of a federal, state, or local law-enforcement officer while
conducting a funeral escort, wide-load escort, dignitary escort, or any other
escort necessary for the safe movement of vehicles and pedestrians may, without
subjecting himself to criminal prosecution: 1. Disregard speed limits, while having due regard for safety
of persons and property; 2. Proceed past any steady or flashing red signal, traffic
light, stop sign, or device indicating moving traffic shall stop if the speed
of the vehicle is sufficiently reduced to enable it to pass a signal, traffic
light, or device with due regard for the safety of persons and property; 3. Park or stop notwithstanding the other provisions of this
chapter; 4. Disregard regulations governing a direction of movement of
vehicles turning in specified directions so long as the operator does not
endanger life or property; or 5. Pass or overtake, with due regard for the safety of persons
and property, another vehicle. Notwithstanding other provisions of this section, vehicles
exempted in this subsection may sound a siren or any device to give
automatically intermittent signals. § 46.2-1024. Flashing or steady-burning red or red and white
warning lights. Any member of a fire department, volunteer fire company, or
volunteer emergency medical services agency and any police chaplain may equip
one vehicle owned by him with and, 46.2-1023, and
46.2-1024 and sounds a siren, exhaust whistle, or air horn
designed to give automatically intermittent signals, as may be reasonably
necessary. The exemption granted under subdivision A 2 shall apply only when
the operator of such emergency vehicle displays a flashing, blinking, or
alternating emergency light or lights as provided in §§ 46.2-1022 and, 46.2-1023, and
46.2-1024 and either (a) sounds a siren, exhaust whistle,
or air horn designed to give automatically intermittent signals or (b) slows
the vehicle down to a speed reasonable for the existing conditions, yields
right-of-way to the driver of another vehicle approaching or entering the
intersection from another direction or, if required for safety, brings the
vehicle to a complete stop before proceeding with due regard for the safety of
persons and property. In addition, the exemptions granted to emergency vehicles
by subsection A shall apply only when there is in force and effect for such
vehicle either (i) standard motor vehicle liability insurance covering injury
or death to any person in the sum of at least $100,000 because of bodily injury
to or death of one person in any one accident and, subject to the limit for one
person, to a limit of $300,000 because of bodily injury to or death of two or
more persons in any one accident, and to a limit of $20,000 because of injury
to or destruction of property of others in any one accident or (ii) a
certificate of self-insurance issued pursuant to § 46.2-368. Such exemptions
shall not, however, protect the operator of any such vehicle from criminal
prosecution for conduct constituting reckless disregard of the safety of
persons and property. Nothing in this section shall release the operator of any
such vehicle from civil liability for failure to use reasonable care in such
operation. no more than two
flashing or steady-burning red or red and white combination warning lights of
types approved by the Superintendent. Warning lights permitted by this section
shall be lit only when answering emergency calls. A vehicle equipped with
lighting devices as authorized in this section shall be operated by a police
chaplain only if he has successfully completed a course of training in the safe
operation of a motor vehicle under emergency conditions and a certificate
attesting to such successful completion, signed by the course instructor, is
carried at all times in the vehicle when operated by the police chaplain to
whom the certificate applies.