Can a NY EMT install red lights and a siren on her personal car to respond to ambulance calls?

Subject

Privately owned vehicle operated by ambulance service agent qualifies as emergency ambulance service vehicle

Plain-English summary

Assembly Speaker Sheldon Silver asked the Attorney General whether the definition of "emergency ambulance service vehicle" in Vehicle and Traffic Law § 115-c includes a private vehicle being driven by an agent of a duly qualified ambulance service who is responding to an emergency on behalf of that service. If yes, the private vehicle qualifies as an "authorized emergency vehicle" under VTL § 101 and may use gongs or sirens, red and white lights, and disregard certain traffic control laws under VTL §§ 375(26), (41)(2), and 1104.

Section 115-c defines "emergency ambulance service vehicle" as "an appropriately equipped motor vehicle owned or operated by an ambulance service as defined in section three thousand one of the public health law and used for the purpose of transporting emergency medical personnel and equipment to sick or injured persons."

The AG focused on the word "or" in "owned or operated by." Reading the statute as written, the "or" creates two separate qualifying paths: a vehicle is covered if it is either owned by an ambulance service or operated by an ambulance service. Operation includes operation by an agent of the service. The Department of Motor Vehicles had previously construed § 115-c the same way, treating "owned or operated" as disjunctive, on the ground that any other reading would render "or operated" mere surplusage.

The legislative history (bill jacket for L 1981, ch 142) confirmed that the statute was designed to cover so-called "quick responder units" used for cardiac arrests and similar conditions. Drafters anticipated that ambulance services would have crews available 24 hours a day, often using personal vehicles to respond on call. The "or operated by" phrasing was crafted to bring those private vehicles within the statute when serving the specific purpose of transporting emergency medical personnel and equipment.

The AG noted that a prior office opinion (Informal Opinion No. 85-53) had reached the contrary conclusion, but only because it had erroneously cited the statute as reading "owned and operated." Once that error was corrected, the disjunctive reading is straightforward. The 1995 opinion expressly overrides 85-53.

"Ambulance service" for purposes of § 115-c is defined by Public Health Law § 3001(2) and (3) and includes a volunteer ambulance service.

Currency note

This opinion was issued in 1995. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

What counts as "appropriately equipped"?

Vehicle and Traffic Law § 375 sets the equipment standards for emergency vehicles: red and white lights, sirens or gongs, and (depending on the vehicle's use) other features. The vehicle has to have the actual physical equipment installed and operational, not just a roof-rack red light. The exact specs are detailed in the implementing regulations.

Does the EMT have to be on duty for the ambulance service?

The statute reaches private vehicles "operated by an ambulance service," and the AG read that to include operation by an agent acting on the service's behalf. An EMT or paramedic responding to an emergency on call from the ambulance service qualifies; a personal trip unrelated to ambulance service work would not.

What about a paid EMT versus a volunteer EMT?

Public Health Law § 3001 defines ambulance service broadly enough to include both paid and volunteer services. The DMV's 1991 letter, cited in the opinion's footnotes, explicitly applied the same rule to EMTs "employed or performing volunteer services for an ambulance service."

Does this give the EMT a free pass on traffic laws?

VTL § 1104 spells out the privileges and limits. Drivers of authorized emergency vehicles responding to an emergency may proceed past red lights and stop signs after slowing, exceed speed limits, and disregard direction-of-traffic rules. But the privileges do not relieve the driver from the duty to drive with due regard for the safety of all persons. Reckless driving is still actionable, and a serious accident may produce civil and criminal liability.

What did the earlier 85-53 opinion say?

The 1985 opinion concluded the opposite. The AG candidly acknowledged in 1995 that 85-53 reached its result based on an "erroneous citation of the statutory language to include vehicles 'owned and operated' by an ambulance service." Once you read the statute correctly as "owned or operated," the analysis flips.

Statutory framework

Vehicle and Traffic Law § 115-c defines "emergency ambulance service vehicle" as an appropriately equipped motor vehicle "owned or operated by an ambulance service as defined in section three thousand one of the public health law" used to transport emergency medical personnel and equipment to sick or injured persons.

Public Health Law § 3001(2) and (3) defines "ambulance service" to include both paid and volunteer services.

Vehicle and Traffic Law § 101 lists "authorized emergency vehicle" categories that include emergency ambulance service vehicles.

Vehicle and Traffic Law §§ 375(26), (41)(2), and 1104 grant emergency vehicles the right to lights, sirens, and certain traffic-law exemptions when responding to emergencies.

L 1981, ch 142 added § 115-c. The bill jacket clarifies the drafters' intent to cover private quick-responder vehicles.

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_95-28_pw.pdf

Original opinion text

OPINIONS OF THE ATTORNEY GENERAL

Page 1 of 2

Opn. No. 95-28
PUBLIC HEALTH LAW § 3001(2) and (3); VEHICLE AND TRAFFIC LAW §§ 101, 115-c, 375(26)
and (41)(2); L 1981, CH 142.
"Emergency ambulance service vehicle", as defined by section 115-c of the Vehicle and Traffic Law,
includes an appropriately equipped privately-owned vehicle operated by an agent of an ambulance
service and used in transporting emergency medical personnel and equipment to sick or injured persons.
May 4, 1995
Hon. Sheldon Silver
Speaker of the Assembly Informal Opinion
Legislative Office Bldg., Rm. 582 No. 95-28
Albany, NY 12248
Dear Speaker Silver:
You have requested my opinion as to whether the definition of "emergency ambulance service vehicle"
in section 115-c of the Vehicle and Traffic Law includes a privately-owned vehicle which is being
operated by an agent of a duly qualified ambulance service answering an emergency on behalf of such
ambulance service. As you have pointed out, an "emergency ambulance service vehicle" is further
defined as an "authorized emergency vehicle" (Vehicle and Traffic Law § 101) which is permitted to
utilize gongs or sirens, red and white lights, and may disregard certain traffic control laws, consistent
with Vehicle and Traffic Law §§ 375(26), (41)(2) and 1104.
Section 115-c defines "emergency ambulance service vehicle" as
An emergency ambulance service vehicle shall be defined as an appropriately equipped
motor vehicle owned or operated by an ambulance service as defined in section three
thousand one of the public health law and used for the purpose of transporting emergency
medical personnel and equipment to sick or injured persons.
I believe that the language "owned or operated by" (emphasis supplied) includes an appropriately
equipped privately-owned vehicle operated by an agent of an ambulance service and used in transporting
emergency medical personnel and equipment to sick or injured persons. "Ambulance service" for
purposes of this provision is defined by Public Health Law § 3001(2), (3), and includes a volunteer
ambulance service.
To conclude that such a privately-owned vehicle is not an "emergency ambulance service vehicle" is
inconsistent with the plain meaning of the language "or operated" in section 115-c of the Vehicle and
Traffic Law. I believe that the statute, in covering a privately-owned vehicle, is designed to provide an
increased level of emergency services to the public.
The legislative history indicates the purpose of section 115-c was to ensure that so-called "quick
responder units", used in the treatment of cardiac arrests and related conditions, clearly would be
authorized to use flashing lights and sirens. Bill Jacket, L 1981, ch 142, May 19, 1981 Memorandum in
Support of A-4628 by Assemblyman Tallon, Jr., sent to the Governor. At the time, companies
commonly had crews with quick responder units available 24-hours a day to permit response at any
time. Id . I believe that the drafters of section 115-c carefully crafted the language "or operated by" to

http://www.oag.state.ny.us/lawyers/opinions/1995/informal/95_28.html

4/21/2006

OPINIONS OF THE ATTORNEY GENERAL

Page 2 of 2

cover privately-owned vehicles. These vehicles can be available on an on-call basis to permit their
owners to respond on behalf of the ambulance service to emergencies occurring at any time of the day or
night.
The drafters recognized that the use of flashing lights and sirens should be granted only to vehicles with
actual need for this equipment. Id . This was accomplished by covering only vehicles "owned or
operated by an ambulance service" and serving a specific purpose - transporting emergency medical
personnel and equipment to sick or injured persons. Id . Thus, privately-owned vehicles operated by
agents of ambulance services and performing this specific purpose on their behalf are covered by this
provision.
I note that the Department of Motor Vehicles (DMV) similarly construed section 115-c to include a
privately-owned vehicle:
The use of "or" in the phrase "owned or operated" leads us to the conclusion that there are
two separate methods of qualifying as an emergency ambulance service vehicle. To hold
otherwise would require the conclusion that the words "or operated" are mere surplusage. 1
the DMV recognized that the word "or" in section 115-c was significant, in authorizing
privately-owned vehicles to fall within the definition of an "emergency ambulance service
vehicle". 2
I note that in a prior opinion of this office a contrary conclusion was reached based upon an erroneous
citation of the statutory language to include vehicles "owned and operated" by an ambulance service.
Informal Opinion No. 85-53.
I conclude that "emergency ambulance service vehicle", as defined by section 115-c of the Vehicle and
Traffic Law, includes an appropriately equipped privately-owned vehicle operated by an agent of an
ambulance service and used in transporting emergency medical personnel and equipment to sick or
injured persons.
Very truly yours,

DENNIS C. VACCO
Attorney General

1 January 21, 1992 letter to Peter J. Millock, General Counsel, NYS Department of Health, from Kathy

A. Bennett, Deputy Commissioner and Counsel, Department of Motor Vehicles.
2 See also , July 25, 1991 letter to Ms. B.J. Gilmore from Arthur L. Alowitz, Esq., Assistant Counsel,

NYS Department of Motor Vehicles where it was concluded that:
An emergency medical technician employed or performing volunteer services for an ambulance
service may equip his private vehicle with red lights and sirens and may use these red lights and
sirens, in accordance with the above quoted §115-c, to arrive at the scene of an emergency faster.

http://www.oag.state.ny.us/lawyers/opinions/1995/informal/95_28.html

4/21/2006