| Must a Florida Police Officer
use emergency lights or siren when he operates outside of Florida traffic regulations?
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| Contrary to what Florida Highway Patrol has said the Florida Statutes are very clear on this point. Florida State Statute 316.072-Obedience to and effect of traffic laws defines and limits the actions an emergency vehicle may take when responding to an emergency: | |||
| The driver of an authorized emergency vehicle, when responding to an emergency call, when in the pursuit of an actual or suspected violator of the law, or when responding to a fire alarm, but not upon returning from a fire; | |||
| 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 maximum speed limits so long as the driver does not endanger life or property; 4. Disregard regulations governing direction or movement or turning in specified directions, so long as the driver does not endanger life or property. |
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| And: | |||
| The foregoing provisions shall not relieve the driver of a vehicle specified in paragraph (a) 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 or her reckless disregard for the safety of others. | |||
| Florida Statute 316.072 does not mention nor is it operative over the use of emergency equipment. Florida Statute 316.126-Operation of vehicles and actions of pedestrians on approach of authorized emergency vehicle states: | |||
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| Very clearly, the driver of an emergency vehicle operating in emergency mode can only disobey traffic regulations as specified in 316.072 and if he does he must proceed with due regard, and if and only if he displays lights or sirens per 316.126. | |||
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