(A) The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or ordinance, 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 stated in this section.
(B) The driver of an authorized emergency vehicle may do any of the following when in pursuit of an actual or suspected violator of the law or ordinance or when responding to but not upon returning from a fire alarm:
(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 life or property is not endangered;
(4) Disregard regulations governing direction of movement; or
(5) Disregard regulations governing turning in specific directions.
(C) (1) The exemptions granted in this section to an authorized emergency vehicle shall apply only when the driver of any such vehicle is properly and lawfully making use of an audible signal or of flashing red or blue lights or a combination of flashing red and blue lights meeting the requirements of 47 O.S. § 12-218, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red or blue light visible from in front of the vehicle.
(2) This subsection (C) shall not be construed as requiring a peace officer operating a police vehicle properly and lawfully in response to a crime in progress to use audible signals.
(D) (1) The exemptions in subsections (B)(3) and (B)(5) above of this section shall be granted to a law enforcement officer operating an authorized emergency vehicle for law enforcement purposes without using audible and visual signals required by this section as long as the action does not endanger life or property if the officer is following a suspected violator of the law with probable cause to believe that:
(a) Knowledge of the presence of the officer will cause the suspect to:
1. Destroy or lose evidence of a suspected felony;
2. End a suspected continuing felony before the officer has obtained sufficient evidence to establish grounds for arrest; or
3. Evade apprehension or identification of the suspect or the vehicle of the suspect.
(b) Because of traffic conditions, vehicles moving in response to the audible or visual signals may increase the potential for a collision.
(2) The exceptions granted in this subsection (D) shall not apply to an officer who is in actual pursuit of a person who is eluding or attempting to elude the officer in violation of 21 O.S. § 540A.
(E) The provisions of this section 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 or her reckless disregard for the safety of others.
(Prior Code, § 42-41)
Statutory reference:
Emergency vehicle driving rules, see 47 O.S. § 11-106