CHAPTER 699

An Act to amend and reenact §§ 46.1-199 46.1-225, 46.1-226 and
46.1-285, as severally amended, of the Code of Virginta, relating to
the effect and use of certain signals on police, fire, rescue and certain
other emergency and special equipment. rH 569)

Approved April 6, 1966

Be it enacted by the General Assembly of Virginia:

1. That §§ 46.1-199, 46.1-225, 46.1-226 and 46.1-285, as_ severally
amended, of the Code of Virginia, be amended and reenacted as follows:

§ 46.1-199. (a) The speed limitations set forth in this chapter
shall not apply to vehicles when operated with due regard for safety under
the direction of the police in the chase or apprehension of violators of the
law, or of persons charged with or suspected of any such violations, or in
testing the accuracy of speedometers on police vehicles, or in testing the
accuracy of the radio microwave or other electrical devices specified in
§ 46.1-198 nor to fire department vehicles when traveling in response to a
fire alarm or pulmotor call, nor to ambulances when traveling in emergen-
cies outside the corporate limits of cities and towns.

(b) These exemptions, hereinbefore granted to such a moving vehi-
cle, shall apply only when the operator of such vehicle displays a flashing,
blinking or alternating red light and sounds a siren, bell, * exhaust whistle,
or air horn designed to give automatically intermittent signals, as may be
reasonably necessary, and, only when there is in force and effect for such
vehicle standard automobile liability insurance covering injury or death
to any one person in the sum of at least twenty-five thousand dollars. 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 be con-
strued to release the operator of any such vehicle from civil liability for
failure to use reasonable care in such operation.

§ 46.1-225. Upon the approach of any police vehicle, fire depart-
ment vehicle, vehicle owned or operated by a member of a volunteer fire
company, rescue vehicle or ambulance, giving audible signal by siren, *
exhaust whistle, or air horn designed to give automatically intermittent
signals, the driver of every other vehicle shall immediately drive the same
to a position as near as possible and parallel to the right-hand edge or
curb, clear of any intersection of highways, and shall stop and remain in
such position unless otherwise directed by a police or traffic officer, until
the police or fire department vehicle or vehicle owned or operated by a
member of a volunteer fire company, rescue vehicle or ambulance shall have
passed. This provision shall not operate to relieve the driver of a police or
fire department vehicle, or vehicle owned or operated by a member of a
volunteer fire company, rescue vehicle or ambulance from the duty to drive
with due regard for the safety of all persons using the highway, nor shall
it protect the driver of any such vehicle from the consequences of an
arbitrary exercise of such right of way.

As used in this chapter, the term “rescue vehicle” is defined as any
vehicle designed or utilized for the principal purposes of supplying resusci-
tation or other emergency relief where human life is endangered.

§ 46.1-226. (a) The operator of any publicly owned vehicle oper-
ated by or under the direction of a police officer in the chase or apprehension
of violators of the law or persons charged with or suspected of any such
violation, and the operator of any vehicle used for the purpose of fighting
fire or a vehicle owned by a political subdivision of the Commonwealth for
rescue purposes when traveling in response to a fire alarm or respirator
call, and the operator of any ambulance or rescue or life saving vehicle,
whether such vehicle is publicly owned or operated by a nonprofit corpora-
tion or association when such vehicle is being used in the performance of
public services, and when such vehicle is operated under emergency condi-
tions may, without subjecting himself to criminal prosecution :

(1) Proceed past red signal, light, stop sign or device indicating
moving traffic shall stop if the speed and movement of the vehicle is
reduced and controlled so that it can pass a signal, light or device with
due regard to the safety of persons and property.

(2) Park or stand notwithstanding the provisions of this chapter.

(3) Disregard regulations governing a direction of movement of
vehicles turning in specified directions so long as the operator does not
endanger life or property.

( These exemptions, hereinbefore granted to such a moving vehi-
cle, shall apply only when the operator of such vehicle displays a flashing,
blinking or alternating red light and sounds a siren, bell, * exhaust whistle,
or air horn designed to give automatically intermittent signals, as may be
reasonably necessary, and, only when there is in force and effect for such
vehicle standard automobile liability insurance covering injury or death
to any one person in the sum of at least twenty-five thousand dollars.
Such exemptions shall not, however, protect the operator of any such
vehicle from criminal prosecution for conduct constituting reckless dis-
regard of the safety of persons and property. Nothing in this section shall
be construed to release the operator of any such vehicle from civil liability
for failure to use reasonable care in such operation.

8 46.1-285. Every police vehicle and fire department vehicle and
every ambulance or rescue vehicle used for emergency calls shall be
equipped with a siren, * exhaust whistle or air horn designed to give
automatically intermittent signals of a type not prohibited by the Super-
intendent. The Superintendent, upon application of the chief of any
volunteer fire company shall authorize the issuance of permits to
not more than three officers of such volunteer fire company, designated by
the chief in such application, to equip their respective privately owned
motor vehicles with a siren of a type not prohibited by the Superintendent,
for use in emergency calls of the fire company only; provided that no
person shall so equip more than one such motor vehicle.

It shall be unlawful for any member of a volunteer fire company to

install any such siren without first obtaining a permit or to use the siren

for any other purpose than answering a fire call of his company. Any

person violating the provisions of this section shall be guilty of a mis-
emeanor.