A Vermont state senator has introduced a bill that amends the state code to “provide that an accident involving an on-duty law enforcement officer, firefighter or emergency medical personnel not appear on an accident report, nor on the driving record of the on-duty worker unless there is a conviction for negligent or gross negligent operation.”
It’s a good idea and one that is already in place in several other states. But since it’s an amendment to an existing code, it doesn’t specify whether volunteers are covered. It might be spelled out elsewhere, but it certainly should be clarified early on.
And if volunteers are included, then there needs to be a clear and inarguable definition of what “on duty” means. When does a volunteer go on duty? When the house siren begins blowing? The moment the volunteer leaves the house, or when he arrives at the fire or ambulance station?
I vaguely recall an incident a couple of years ago when a volunteer FF was responding in his private vehicle and crashed into another car killing the driver. During the trial to determine who was liable for the death, the FF or the fire department, there was no clear law to govern the decision and it had to be fought out in the courtroom. And it was all based on whether the FF was “on duty” or not.
How about a career firefighter? Is he on duty as he’s driving to work? No timeclock involved, remember. Just when does “duty” begin? You can argue both ways on these things, but it all comes down to what the law says about it.
A good project for this week would be for someone on the shift to check into it and find out what applies in your state/county/city in this regard. You might find out that maybe you’re not as well covered by the immunity as you thought.
Not until after we get this equipment checked out, though. I need to get the coffee going.
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