GO 4-9.0 Emergency Operation of Police Vehicles.pdf

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-9.0 SUBJECT: Emergency Operation of Police Vehicles REFERENCE: CFA Chapter 14 & FSS 322.01, FSS 316.2397, FSS 316.126, & FSS 316.217 AMENDS: None RESCINDS: None I. II. III. IV. V. PU...

OVIEDO POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE: 07-12-2021 APPROVAL: NUMBER: Dale Coleman Chief of Police GO 4-9.0 SUBJECT: Emergency Operation of Police Vehicles REFERENCE: CFA Chapter 14 & FSS 322.01, FSS 316.2397, FSS 316.126, & FSS 316.217 AMENDS: None RESCINDS: None I. II. III. IV. V. PURPOSE POLICY DEFINITIONS AND GUIDELINES FOR USE RESPONSE TO CALLS OPERATION OF POLICE VEHICLES WITHOUT LIGHTED LAMPS I. PURPOSE The purpose of this order is to define emergency equipment of department police vehicles and establish guidelines for emergency operation of those vehicles by sworn members. II. POLICY It is the policy of the Oviedo Police Department that all members will drive with due regard for the safety of all individuals when operating a department vehicle in an emergency mode. Members shall never assume an indifferent attitude toward the safety of the public when responding to emergency calls and shall never unnecessarily endanger the lives and property of innocent users of the roadway or fellow department members. Oviedo Police Department GO 4-9.0 Emergency Operation of Police Vehicles III. Page 2 of 6 DEFINITIONS AND GUIDELINES FOR USE A. Emergency Equipment: Emergency equipment on police vehicles includes emergency lights, sirens, hazardous warning lights, spotlights (if equipped), and public address systems (if equipped). When there is a need to utilize emergency equipment, members shall exercise extreme care and good judgement. Note: All police vehicles utilized for patrol and/or traffic enforcement shall be equipped with the following in addition to the emergency equipment listed above: Properly charged fire extinguisher, operational flashlight (assigned to officer), first aid kit containing current supplies, and personal protective equipment. B. Authorized Emergency Vehicle: As defined by FSS 322.01: A vehicle that is equipped with extraordinary audible and visual warning devices, that is authorized by FSS 316.2397 to display red or blue lights, and that is on call to respond to emergencies. C. Emergency Response: The operation of a police vehicle while constantly utilizing blue and red lights and/or siren. Emergency 4-way flashers and flashing headlights may also be utilized to make the vehicle more visible if the vehicle is so equipped. Emergency response is permitted without supervisor approval to emergency calls as defined in this order. Supervisors have the authority to up-grade or down-grade responses as conditions dictate. If told to down-grade or it becomes evident that there is no longer a need for an emergency response, the officer shall modify their response to non-emergency. Officers, at their discretion, when responding to an emergency call where a stealthy approach is needed, may intermittently use the police vehicle siren; however, extreme care and good judgement shall be utilized at roadway intersections. In accordance with FSS 316.126 – An authorized emergency vehicle, when en route to meet an existing emergency, shall warn all other vehicular traffic along the emergency route by an audible signal, siren, exhaust whistle, or other adequate device or by a visible signal by the use of displayed blue or red lights. While en route to such emergency, the emergency vehicle shall otherwise proceed in a manner consistent with the laws regulating vehicular traffic upon the highways of this state. This section does 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. GO 4-9.0 Emergency Operation of Police Vehicles Oviedo Police Department GO 4-9.0 Emergency Operation of Police Vehicles Page 3 of 6 D. Response Speeds: Response speeds for an emergency response shall be a reasonable speed, taking into consideration – weather, traffic, and with due regard for the safety of all other persons using the highway. E. Non-Emergency Response: This type of response would require the member to respond to a scene without any emergency equipment activated, obeying all traffic laws, and observing the posted speed limits. The member shall drive in a safe and courteous manner. F. Non-Emergency Use of Police Vehicle Equipment: A police vehicle’s emergency equipment may be utilized in non-emergency situations. A police vehicle’s emergency equipment may be utilized as indicated below. This section does not prevent a member from utilizing police vehicle emergency equipment as needed. 1. Emergency lights may be utilized to warn traffic of road construction areas, hazards in the roadway, while directing traffic, during special events, and as deemed necessary for a police purpose. 2. Sirens may be utilized during special events, for demonstrations, and as deemed necessary for a police purpose. 3. Hazard warning lights may be utilized to warn traffic of road construction or hazards in the roadway, and as deemed necessary for a police purpose. 4. Spotlights may be utilized to illuminate a search area, during business checks, and as deemed necessary for a police purpose. Spotlights will NOT be utilized to illuminate on-coming traffic, to illuminate residences during routine patrol, or any other situation which could cause a traffic hazard. 5. The public address system may be utilized to address subjects in a vehicle or building, when a member’s voice would not be loud enough to be heard by the person the member wishes to address, and as deemed necessary for a police purpose. GO 4-9.0 Emergency Operation of Police Vehicles Oviedo Police Department GO 4-9.0 Emergency Operation of Police Vehicles G. IV. Page 4 of 6 Emergency Call: Information received by a department member via police radio, MCT, telephone, etc. Emergency calls are those characterized by a need for immediate police response to alleviate an impending threat to the safety of persons or property, or when prompt arrival is necessary for criminal apprehension, or any incident which is deemed as an emergency. RESPONSE TO CALLS A. Sworn members may respond utilizing an emergency response to emergency calls as defined in this order. An emergency response will NOT be acceptable to those calls that are over-with. When a sworn member responds utilizing an emergency response, they shall activate the vehicle’s blue and red lights and siren to warn vehicular and pedestrian traffic along the emergency route. The blue and red lights and siren are to remain in constant use, until the member arrives at the scene of the incident. Hazardous warning lights, the spotlight, take-down lights, and the public address system may be utilized as additional safety measures during emergency operations. The response shall be in accordance with the emergency that is present. Members will be held accountable for their chosen mode of response to calls. B. The operator of the emergency vehicle shall cease emergency response when the original situation no longer exists, when advised by a supervisor, officers already on scene, or when the safety of the operator and/or others is endangered. C. The operator of a department vehicle engaged in emergency response mode may: 1. Exceed the speed limit so long as the sworn member operating the vehicle does not endanger life or property. The sworn member is further limited by road and/or weather conditions. 2. Proceed past a red or stop signal only after slowing down, or stopping, as may be necessary for safe operation. A department vehicle shall not enter a controlled intersection against the directed flow of traffic, without ensuring cross-traffic flow has yielded in each lane before attempting to cross that lane. 3. Disregard regulations governing direction, or movement, or turning in specified directions, so long as this does not endanger life or property. GO 4-9.0 Emergency Operation of Police Vehicles Oviedo Police Department GO 4-9.0 Emergency Operation of Police Vehicles Page 5 of 6 4. Park or stand, irrespective of the laws governing the parking of vehicles, except that a department vehicle shall not block access to a fire hydrant at a fire scene. Marked department vehicles shall be strategically parked in roadways with emergency lights activated to protect accident scenes, injured persons, or sworn members directing traffic. 5. The operator of the department vehicle may deactivate the vehicle’s emergency signaling devices at a distance from the scene (to be determined by the vehicle operator), so as not to alert subject(s) to law enforcement proximity. After deactivating the emergency signaling devices, the operator of the emergency vehicle shall obey all traffic control devices and proceed in a manner consistent with normal traffic flow. D. Exception: Generally, the intermittent use of a police vehicle siren will NOT be permitted since the desired warning to all traffic is compromised. When responding to in-progress emergency calls, such as a burglary or robbery in progress, if the sworn member deems it appropriate, the siren may be used intermittently. This type of response may prevent the suspects from being warned of law enforcement arrival. When utilizing a police vehicle siren intermittently, the member shall operate the vehicle with due regard for the safety of all persons using the highway. If a member elects to NOT use the vehicle’s siren, the vehicle’s horn shall be sounded when passing through red-light or stop-sign intersections. This exception in no way relieves the member from the responsibility to drive in a reasonable and prudent manner giving due regard for the safety of all persons, property, and to warn all other traffic. E. Unmarked vehicles may NOT respond to calls in an emergency response except in exigent circumstances (i.e. Officer down, an officer in need of expedited backup, and the unmarked unit is the closest available unit, etc.) and/or approved by a supervisor and only when equipped with blue lights and siren. GO 4-9.0 Emergency Operation of Police Vehicles Oviedo Police Department GO 4-9.0 Emergency Operation of Police Vehicles V. Page 6 of 6 OPERATION OF POLICE VEHICLES WITHOUT LIGHTED LAMPS A. The department authorizes the operation of police vehicles without lighted lamps as necessary to perform law enforcement functions as authorized in FSS 316.217. B. Circumstances for the operation of a vehicle without lighted lamps include, but are not limited to: C. 1. Response to calls for service where the use of lighted lamps may be an officer safety issue or hinder the member’s ability to enforce the law. 2. Routine patrol where the use of lighted lamps may hinder the detection or prevention of crime. A member who operates a police vehicle without lighted lamps, when required, shall operate in a safe manner, obey all traffic laws, and with due regard for the safety of all persons. /s/ DHC ____________________________________ DALE COLEMAN CHIEF OF POLICE 04-01-2021 __________________ DATE GO 4-9.0 Emergency Operation of Police Vehicles