Printable Format8-1506. Authorized emergency vehicles; rights, duties and liability of drivers thereof. (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 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 herein stated.
(b) The driver of an authorized emergency vehicle may:
(1) Park or stand, irrespective of the provisions of this article;
(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 such driver does not endanger life or property;
(4) disregard regulations governing direction of movement or turning in specified directions; and
(5) proceed through toll booths on roads or bridges without stopping for payment of tolls, but only after slowing down as may be necessary for safe operation and the picking up or returning of toll cards.
(c) The exemptions herein granted to an authorized emergency vehicle shall apply only when such vehicle is making use of an audible signal meeting the requirements of K.S.A. 8-1738 and visual signals meeting the requirements of K.S.A. 8-1720, except that an authorized emergency vehicle operated as a police vehicle need not be equipped with or display a red light visible from in front of the vehicle.
(d) The foregoing provisions 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 reckless disregard for the safety of others.
History: L. 1974, ch. 33, § 8-1506; L. 1977, ch. 43, § 1; July 1.
Source or prior law:
8-505(b), (c), (d), (e); 8-536.
Cross References to Related Sections:
Duties of drivers upon approach of authorized emergency vehicle, see 8-1530.
Designation of authorized emergency vehicles, see 8-2010.
"Authorized emergency vehicle" defined, see 8-1404.
Law Review and Bar Journal References:
Application of prior law (K.S.A. 8-505) to drivers of federally-owned vehicles discussed, opinion of attorney general, 7 K.L.R. 104 (1958).
Changes in amount of care required of emergency vehicle drivers under prior law (K.S.A. 8-505) discussed, Robert F. Bennett, 39 J.B.A.K. 107, 108 (1970).
"Duran v. Bradford—The Common Law Duty of a Law Enforcement Officer," Sheila M. Janicke, 4 J.K.T.L.A. No. 6, 10, 12, 13 (1981).
"The potential civil liability of law enforcement officers and agencies," Stephen R. McAllister and Peyton H. Robinson, 67 J.K.B.A. No. 7, 14 (1998).
Attorney General's Opinions:
Jurisdiction of capitol area security patrol. 90-24.
CASE ANNOTATIONS
1. Damage action from collision of fire truck and automobile; error in instructions and failure of instructions; judgment reversed. Shawnee Township Fire District v. Morgan, 221 Kan. 271, 276, 559 P.2d 1141.
2. Damage action from collision of motorcycle escort vehicle and automobile; no error in instruction; motorcycle not being operated as emergency vehicle. Littell v. Maloney, 3 Kan. App. 2d 240, 243, 593 P.2d 11.
3. Driver of vehicle operated in compliance with statute entitled to all privileges and immunities of statute; not responsible for injury to third party by negligent or reckless acts of fleeing violator. Thornton v. Shore, 233 Kan. 737, 753, 666 P.2d 655 (1983).
4. Tow truck towing disabled vehicle held not emergency vehicle. Divine v. Groshong, 235 Kan. 127, 140, 679 P.2d 700 (1984).
5. Failure to operate vehicle with due regard for others; not immune under subsection (d) of K.S.A. 75-6104. Jackson v. City of Kansas City, 235 Kan. 278, 288, 680 P.2d 877 (1984).
6. Law enforcement officer, passing in no-passing zone in pursuit of traffic offender, showed reckless disregard for safety of others. State v. Simpson, 11 Kan. App. 2d 666, 667, 668, 669, 670, 732 P.2d 788 (1987).
7. Issue regarding whether officer breached legal duty to motorist in high-speed chase precluded summary judgment. Carl v. City of Overland Park, Kan., 65 F.3d 866, 871 (1995).
8. Privileges and immunities granted to police officers under section do not extend to fleeing motorist officer is trying to apprehend. State v. Anderson, 270 Kan. 68, 12 P.3d 883 (2000).
9. "Reckless disregard" is standard of care for emergency vehicle driver's duty to drive with due regard for others safety. Robbins v. City of Wichita, 285 Kan. 455, 461, 462, 467, 469, 172 P.3d 1187 (2007).
10. Officer's conduct was not discretionary under Kansas Tort Claims Act. Clark v. Thomas, 505 F. Supp. 2d 884, 894, 895 (2007).
11. Law enforcement officer's pursuit of a fleeing suspect may be the proximate cause of a collision between the suspect and a third party if the evidence would support a reasonable inference that the officer's conduct was the cause in fact of the collision. Montgomery v. Saleh, 311 Kan. 649, 659, 466 P.3d 902 (2020).