3.4 Emergency Vehicle Operations & Pursuit Policy (La. R.S. 32:24)
Key Takeaways
- La. R.S. 32:24 grants emergency vehicle drivers specific privileges, such as exceeding speed limits and running red lights, but only when responding to an emergency with lights and sirens activated.
- The statute does not protect officers from the consequences of reckless disregard for the safety of others; drivers must exercise 'due regard'.
- Vehicle physics, including weight transfer and hydroplaning, critically impact a patrol car's handling dynamics during high-speed operations.
- Pursuit risk assessments require officers to weigh the danger of the fleeing suspect against the danger created by the high-speed pursuit itself.
- Officers and agencies face significant civil liability if a pursuit violates policy and results in injury, death, or property damage.
Emergency Vehicle Operations & Pursuit Policy
Operating a police vehicle under emergency conditions is one of the most perilous tasks in law enforcement, carrying immense risks for the officer, the suspect, and the general public. Emergency Vehicle Operations Course (EVOC) training is designed to mitigate these risks.
Legal Privileges and Due Regard (La. R.S. 32:24)
Louisiana Revised Statute 32:24 governs the operation of authorized emergency vehicles. It outlines the specific privileges afforded to police, fire, and EMS drivers, as well as the strict limitations placed upon them.
Privileges Granted
When responding to an emergency call, or when in the pursuit of an actual or suspected violator of the law, the driver of an authorized emergency vehicle may:
- Park or stand, irrespective of standard parking regulations.
- Proceed past a red or stop signal or stop sign, but only after slowing down or stopping as may be necessary for safe operation.
- Exceed the maximum speed limits so long as they do not endanger life or property.
- Disregard regulations governing the direction of movement or turning in specified directions.
The Requirement of Warning Devices
Crucially, these privileges only apply when the emergency vehicle is making use of audible (siren) and visual (flashing lights) signals sufficient to warn motorists.
The 'Due Regard' Standard
The most critical component of La. R.S. 32:24 is the caveat regarding civil liability. The law explicitly states that the aforementioned privileges do not relieve the driver from the duty to drive with due regard for the safety of all persons. Furthermore, the statute does not protect the driver from the consequences of their reckless disregard for the safety of others. If an officer speeds through an intersection blind without slowing down and causes a fatal crash, they can be held criminally and civilly liable, despite having their lights and sirens activated.
The Physics of Emergency Driving
High-speed driving changes the physical dynamics of a patrol vehicle. Understanding these physics is essential to maintaining control.
Weight Transfer
Weight transfer is the shifting of the vehicle's weight from front to back, or side to side, due to acceleration, braking, or steering.
- Acceleration: Weight shifts to the rear wheels. Front wheels lose traction, reducing steering effectiveness.
- Braking: Weight shifts to the front wheels. This increases front traction but makes the rear end light and susceptible to fishtailing if steering is applied aggressively.
- Turning: Weight shifts to the outside wheels. Excessive speed into a turn causes the vehicle's momentum to overcome tire friction, leading to a slide.
Hydroplaning
Hydroplaning occurs when water on the road accumulates in front of the vehicle's tires faster than the weight of the vehicle can push it away. The tire is lifted completely off the pavement, floating on a thin film of water. This results in an absolute loss of steering and braking control. Hydroplaning can occur at speeds as low as 30 mph depending on water depth and tire tread condition.
Braking Distance and Reaction Time
Total stopping distance is calculated by adding reaction distance (the distance traveled while the brain processes the threat and moves the foot to the brake) and braking distance (the distance the vehicle travels once the brakes are applied). At high speeds, both distances increase exponentially.
Vehicular Pursuits
Vehicular pursuits are highly scrutinized, high-liability events. The fundamental question in any pursuit is: Does the danger created by allowing the suspect to escape outweigh the danger created by the pursuit itself?
Risk Assessment Factors
Before initiating or continuing a pursuit, officers and supervisors must evaluate numerous factors:
- Nature of the Offense: A pursuit for a violent felony (e.g., armed robbery, murder) carries more justification than a pursuit for a minor traffic violation or property crime.
- Environmental Conditions: Weather (rain, fog), time of day (visibility), and road conditions (wet, icy, unpaved).
- Traffic and Pedestrian Density: Pursuits in school zones, residential neighborhoods, or heavy rush-hour traffic are extremely dangerous and often terminated.
- Vehicle Capabilities: The condition of the patrol car versus the suspect's vehicle.
Pursuit Termination
A pursuit should be immediately terminated if the risks to the public or the officer become too great. Common reasons for termination include:
- The suspect's identity is established, and they can be apprehended later without a chase.
- Supervisory order to terminate.
- The officer loses radio communication with dispatch.
- The pursued vehicle outdistances the patrol unit to the point that the pursuit is futile.
- The environmental conditions deteriorate severely.
Civil Liability
When pursuits go wrong, resulting in crashes that injure innocent bystanders, the officer, their supervisors, and the municipality face massive civil liability lawsuits. Courts examine whether the officer's actions violated departmental policy and whether their conduct amounted to a reckless disregard for public safety, piercing the protections of La. R.S. 32:24.
Under La. R.S. 32:24, an officer operating an emergency vehicle with lights and sirens activated is legally permitted to proceed past a red light. However, the statute requires the officer to do what first?
During emergency driving, applying hard braking causes the vehicle's weight to shift abruptly to the front tires. This phenomenon is known as:
When assessing whether to continue a high-speed vehicular pursuit, what is the most critical question an officer must evaluate?