Quote:
Originally Posted by hancoveguy
Wrong...read it again and show us the quote that says that! The statute uses the word "may" in most of it's language and only specifies must for the following, neither of which have anything to do with a generic response to an emergency or otherwise-
(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
(4) Disregard rules governing direction of movement or turning in specified directions.
This statute says nothing about when an officer is "violating the law". But ofcourse that doesn't matter, lets just bash the police because some "non-police" (trout troopers as it were) violated the law.
A carpenter messed up my shed not too long ago. He had an attitude, took my money and didn't build the shed per specifications... But you know carpenters, they ALL suck and do whatever they want and none of them know how to build things correctly. Oh wait, did I just lump every single carpenter into one category of incompetence because one or two are idiots? Well we do it with cops all the time so I guess thats okay...
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The term "may" is used only to show that you as a LEO or EMS personnel may violate certain driving laws in the state of NH, only if you adhere to the conditions outlined within the RSA. I only found it used twice.
Can you explain to all of us laymen what "shall" means when written into a RSA in the State of NH.
For a LEO, your understanding of the law should be as clear as your interpretation of it.
For everyone else reading my post. The colored texts sections are mere highlighted sections within the entire RSA that WiFi linked and Hancoveguy parsed.
You will notice in the blue highlighted area that it lists the laws that can be violated by an emergency vehicle.
The Green section III and Sub-section (b) is a section that should be fully understanding for our resident LEO in what it means as it pertained directly to the list in section II. These are the provisions that need to be met in order violate the laws highlighted in blue.
The dark red paragragh holds violators in emergency vehicles responsible for their disregard of this RSA.
265:8 Emergency Vehicles
September 2, 2011 · Leave a Comment
I. A person driving an emergency vehicle, as defined in RSA 259:28, 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.
II. (a) The driver of an emergency vehicle may:
(1) Park or stand notwithstanding the provisions of Title XXI.
(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 maximum speed limits so long as he does not endanger life or property.
(4) Disregard rules governing direction of movement or turning in specified directions.
(b) Notwithstanding subparagraph II(a), any emergency vehicle approaching a school bus, which is stopped for the purpose of picking up or dropping off pupils, shall come to a complete stop before proceeding.
III. (a) The exemptions granted to an emergency vehicle in subparagraphs II(a)(1) and (3) shall apply only when such vehicle is making use of audible or visual emergency signals, or, in the case of a privately-owned vehicle being driven by a volunteer firefighter or other volunteer emergency personnel, when such vehicle is making use of audible or visual emergency signals, or when an emergency vehicle is in pursuit of an actual or suspected violator of the law.
(b) The exemptions granted to an emergency vehicle in subparagraphs II(a)(2) and (4) shall apply only when such vehicle is making use of both audible and visual emergency signals, or, in the case of a privately-owned vehicle being driven by a volunteer firefighter or other volunteer emergency personnel, when such vehicle is making use of both audible and visual emergency signals, or when an emergency vehicle is in pursuit of an actual or suspected violator of the law.
IV. Any person engaged in part-time law enforcement and who uses his own vehicle shall not display driving emergency lights when not on duty.
V. The provisions of RSA 265:8, II and III shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons, nor shall such provisions protect the driver from the consequences of his reckless disregard for the safety of others.
VI. A driver of a vehicle being driven on the ways of this state upon the approach from any direction of an emergency vehicle with the siren or flashing light in operation shall turn immediately as far as possible toward the right-hand side of the way and shall bring his vehicle to a standstill until such emergency vehicle has passed.
VII. Upon the immediate approach of an emergency vehicle making use of an audible or visual signal, every pedestrian shall yield the right-of-way to the authorized emergency vehicle. This paragraph shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the highway, nor from the duty to exercise due care to avoid colliding with any pedestrian.
Revisions
1939, 162:2. RL 119:20. RSA 263:40. 1955, 217:1. 1963, 330:1. RSA 262-A:7. 1977, 346:1. 1979, 443:1. 1981, 146:1; 322:1; 322:2; 479:29, 96:1, eff. Jan. 1, 1998.
Area of Law
Title XXI: Motor Vehicles
Chapter 265: Rules Of The Road