341.05 RIGHT OF WAY OF EMERGENCY VEHICLE.
   (a)   Upon the immediate approach of an authorized emergency vehicle equipped with at least one flashing lighted lamp of a color authorized by Section 345.18, which is visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle other than a police vehicle when operated as an authorized emergency vehicle, and when the driver is giving audible signal by siren, exhaust whistle or bell, the driver of every other vehicle shall yield the right of way and shall immediately drive to a position parallel to, and as close as possible to, the right-hand edge or curb of the roadway clear of any intersection and shall stop and remain in such position until the authorized emergency vehicle has passed, except when otherwise directed by a police officer.
 
   (b)   This section shall not operate to relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street or highway.
(WVaC 17C-9-5)
 
   (c)   Authorized emergency vehicles means vehicles of the Fire Department, duly chartered rescue squad, police vehicles and such ambulances and emergency vehicles of Municipal Departments or public service corporations as are designated or authorized by the Commissioner of Highways of the State of West Virginia or the Chief of Police and such privately owned ambulances and emergency vehicles as are designated by the Commissioner of the Department of Highways. A police vehicle of this Municipality responding to an emergency call or when in pursuit of an actual or suspected violator of the law is hereby deemed to be an authorized emergency vehicle.
(Passed 11-20-78.)