LRB-2859/1
ARG:eev:rs
2013 - 2014 LEGISLATURE
December 6, 2013 - Introduced by Representatives Kleefisch, Tittl, Bies, Zepnick
and Ohnstad, cosponsored by Senator Lehman. Referred to Committee on
Transportation.
AB539,1,2
1An Act to amend 346.215 and 347.25 (1) of the statutes;
relating to: emergency
2vehicles operated as escorts for vehicle processions.
Analysis by the Legislative Reference Bureau
Current law generally exempts the operator of an authorized emergency
vehicle from traffic restrictions relating to speed and traffic signals only if the vehicle
is responding to an emergency call or in pursuit of an actual or suspected violator of
the law and if the vehicle's warning lights and siren are activated. However, police
vehicles may, with warning lights activated, escort another vehicle or procession of
vehicles. With each escorted vehicle or vehicle procession, there must be at least one
police vehicle escort in the lead and at least one police vehicle escort at the rear of
the vehicle or procession. The escorting police vehicles and escorted vehicles are not
required to stop at red traffic signals or stop signs but must obey all other traffic laws.
These privileges apply to the operator of a police vehicle only if the law enforcement
agency employing the operator has provided written guidelines for its officers and
employees regarding the escorting of vehicles. The escorting police vehicles and
escorted vehicles must yield the right-of-way to any other authorized emergency
vehicle with its siren activated. All other vehicles must yield the right-of-way to the
escorting police vehicles and escorted vehicles and may not drive between them.
This bill allows certain other authorized emergency vehicles, including fire
department vehicles and ambulances, to escort other vehicles or vehicle processions,
with warning lights activated, in the same manner, and subject to the same
privileges and limitations, as police vehicles under current law.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB539,1
1Section
1. 346.215 of the statutes is amended to read:
AB539,2,5
2346.215 Police Emergency vehicles operated as escorts and
3rights-of-way related to escorted vehicles. (1) In this section,
"police 4"emergency vehicle" means an authorized emergency vehicle as defined in s. 340.01
5(3) (a)
, (c), (dm), (e), (f), (g), (h), or (i).
AB539,2,19
6(2) (a) Except as provided in par. (b), and notwithstanding s. 346.03 (1) and (4),
7the operator of
a police an emergency vehicle escorting any vehicle or procession of
8vehicles may exercise the privileges specified in s. 346.03 (2) (b) if the operator of the
9police emergency vehicle is giving visual signal as described in s. 346.03 (3). The
10operator of the
police emergency vehicle under this subsection is not required to give
11an audible signal as described in s. 346.03 (3). This subsection applies only if the
12vehicle, or in the case of a procession of vehicles the entire procession, is escorted by
13at least 2
police emergency vehicles, at least one of which is leading the vehicle or
14procession of vehicles and at least one of which is at the rear of the vehicle or
15procession of vehicles, and only if the requirement under sub. (4) is satisfied.
16Notwithstanding ss. 346.18 (3), 346.37 (1) (c) 1., and 346.46 (1) and (2), any operator
17of a vehicle being escorted under this subsection may accompany these
police 18emergency vehicles as they proceed past any red or stop signal or stop sign in
19accordance with the privileges specified in this subsection.
AB539,3,220
(b) The operator of
a police an emergency vehicle escorting a vehicle or
21procession of vehicles, and the operator of any vehicle being escorted, shall yield the
1right-of-way in accordance with s. 346.19 upon the approach of an authorized
2emergency vehicle giving an audible signal by siren.
AB539,3,7
3(3) Except as provided in sub. (2) (b), the operator of a vehicle other than an
4escorted vehicle or escorting
police emergency vehicle shall yield the right-of-way
5at an intersection to an escorted vehicle or escorting
police emergency vehicle and
6shall not, except when authorized to do so by a traffic officer, drive between these
7escorting and escorted vehicles.
AB539,3,12
8(4) The privileges specified in sub. (2) (a) do not apply to the operator of
a police 9an emergency vehicle unless, prior to escorting any vehicle as provided under sub.
10(2) (a), the
law enforcement agency employing employer of the operator of the
police 11emergency vehicle has provided written guidelines for its
officers and employees
12regarding the escorting of vehicles under this section.
AB539,2
13Section
2. 347.25 (1) of the statutes, as affected by 2013 Wisconsin Act ....
14(Assembly Bill 280), is amended to read:
AB539,4,915
347.25
(1) Except as provided in subs. (1m) (a), (1n), (1r), and (1s), an
16authorized emergency vehicle may be equipped with one or more flashing,
17oscillating, or rotating red lights, except that ambulances, fire department
18equipment, privately owned motor vehicles under s. 340.01 (3) (d), (dg), or (dm) being
19used by personnel of a full-time or part-time fire department, by members of a
20volunteer fire department or rescue squad, or by an organ procurement organization
21or any person under an agreement with an organ procurement organization, and
22privately owned motor vehicles under s. 340.01 (3) (dh) being used to transport or
23pick up medical devices or equipment, may be equipped with red or red and white
24lights, and shall be so equipped when the operator thereof is exercising the privileges
25granted by s. 346.03
or 346.215 (2) (a). The lights shall be so designed and mounted
1as to be plainly visible and understandable from a distance of 500 feet both during
2normal sunlight and during hours of darkness. No operator of an authorized
3emergency vehicle may use the warning lights except when responding to an
4emergency call or when in pursuit of an actual or suspected violator of the law, when
5responding to but not upon returning from a fire alarm, when transporting an organ
6for human transplantation, when transporting medical personnel for the purpose of
7performing human organ harvesting or transplantation immediately after the
8transportation,
or when necessarily parked in a position which is likely to be
9hazardous to traffic
, or as authorized under s. 346.215 (2) (a).
AB539,3
10Section
3.
Initial applicability.
AB539,4,1211
(1) This act first applies to vehicles operated on the effective date of this
12subsection.
