Could the New York State Police lawfully add rear-facing blue lights to patrol cars under the 2003 vehicle code?

Plain-English summary

The State Police asked whether it could add two rear-facing blue lights to its patrol cars, one fixed to the roof and a second visible only when the trunk was open. The AG answered no under the law as it stood in August 2003.

Vehicle and Traffic Law § 375(41) is the section that controls what color lights may be installed on what kinds of vehicles. The default rule is that no light other than a white, non-flashing light may be affixed to or displayed on any vehicle, except as the statute itself prescribes. § 375(41)(1). The Legislature carved out specific colors for specific categories:

• Red, or red-and-white combinations, for "authorized emergency vehicles" (which includes police vehicles) and fire vehicles. § 375(41)(2)
• Amber for hazard vehicles and for vehicles stopped on highways performing operations that restrict traffic flow. § 375(41)(3)
• Green for vehicles owned or operated by members of a volunteer ambulance service. § 375(41)(5)
• Blue for vehicles owned or operated by volunteer members of a fire department, and "exclusively" so. § 375(41)(4)

The blue-light section had been amended in 2002 to make the exclusivity explicit. The sponsor's memorandum for that amendment (Assemblywoman Galef's bill, L. 2002, ch. 12) explained that the change was a direct response to non-volunteer-firefighter vehicles using blue lights. The memorandum stated that the legislation was intended "to clarify that blue lights on emergency vehicles are to be used exclusively on volunteer firefighter's vehicles." The implementing regulation at 15 N.Y.C.R.R. § 44.4(a) lined up with the statute.

That left no statutory hook for police use of blue lights. The AG found no exception in any other law. The proposed State Police lighting scheme was prohibited.

The AG closed with a forward-looking observation: New York Senate Bill 2281 (2003) had been introduced to make blue lights available to police vehicles in emergency operations. The sponsor's memorandum for that bill argued, based on visibility studies, that blue improves driver attention and would supplement, not displace, the volunteer firefighter use. The AG flagged that if S.2281 (or comparable legislation) was enacted, the State Police's lighting scheme would become permissible. That legislative path is the appropriate route, not administrative deployment under the existing statute.

Currency note

This opinion was issued in 2003. 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

Q: Why was blue exclusively assigned to volunteer firefighters in 2003?
A: Because the Legislature said so in Vehicle and Traffic Law § 375(41)(4), which was reinforced by amendment in L. 2002, ch. 12. The sponsor's memorandum referenced unauthorized use of blue lights by non-volunteer-firefighter vehicles and aimed to clarify the exclusivity.

Q: What color lights could the State Police use in 2003?
A: Red, white, or combinations of red and white, as authorized emergency vehicles under VTL § 375(41)(2). Amber was permitted in specific stopped-on-highway scenarios under § 375(41)(3), and other emergency lighting combinations were governed by VTL § 375 generally. Blue was not on the menu.

Q: Was there an administrative workaround?
A: No. The AG was explicit that § 375(41) is a complete catalog and that the implementing regulation, 15 N.Y.C.R.R. § 44.4(a), tracked the statute. Without legislation, the State Police could not deploy blue lights.

Q: How did the Legislature define an "authorized emergency vehicle"?
A: Vehicle and Traffic Law § 101 listed ambulances, police vehicles and bicycles, correction vehicles, fire vehicles, civil defense emergency vehicles, emergency ambulance service vehicles, blood delivery vehicles, environmental emergency response vehicles, sanitation patrol vehicles, hazardous materials emergency vehicles, and ordnance disposal vehicles of the armed forces.

Q: What happened to S.2281?
A: The opinion only notes that the bill had been introduced. Whether it became law, and the eventual evolution of New York's police-lighting statute, would have to be confirmed against the current version of VTL § 375(41) and any later AG opinions.

Background and statutory framework

Vehicle and Traffic Law § 375 regulates the equipment that may be mounted on motor vehicles in New York. Subsection (41) deals specifically with the color of lights. The statute uses a "white only, except as listed" structure: every other color is allowed only for the listed vehicle categories.

The relevant defined terms are in VTL § 101 (authorized emergency vehicles), § 115-a (fire vehicles), and § 117-a (hazard vehicles). The classes do not overlap entirely. A police vehicle is an authorized emergency vehicle (and gets red/white under § 375(41)(2)) but is not a "fire vehicle" or "hazard vehicle." A volunteer firefighter's personal vehicle is neither an authorized emergency vehicle nor a fire vehicle, but the Legislature carved out a special blue-light category for it in § 375(41)(4).

The 2002 amendment, L. 2002, ch. 12, added the "exclusively" language to subdivision (41)(4) in response to perceived misuse of blue lights by other emergency vehicles. The implementing regulation at 15 N.Y.C.R.R. § 44.4(a) mirrored the statutory grant.

The pending bill, S.2281 (2003), would have added a police-vehicle exception. Until enacted, the AG had no statutory authority to construe § 375(41) to allow blue lights on State Police vehicles.

Citations and references

Statutes:

• Vehicle and Traffic Law § 101 (authorized emergency vehicle definition)
• Vehicle and Traffic Law § 115-a (fire vehicle definition)
• Vehicle and Traffic Law § 117-a (hazard vehicle definition)
• Vehicle and Traffic Law § 375(41) (vehicle light colors)
• L. 2002, ch. 12 (blue-light amendment)

Regulations:

• 15 N.Y.C.R.R. § 44.4(a)

Legislative materials:

• Memorandum in Support of Legislation, reprinted in Bill Jacket for ch. 12 (2002)
• New York Senate Bill 2281 (2003) (introduced)
• Sponsor's Mem., 2003 N.Y. Senate Bill 2281

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/2003-F2_pw.pdf

Original opinion text

VEHICLE AND TRAFFIC LAW §§ 101, 115-a, 117-a, 375; 15 N.Y.C.R.R § 44.4(a).

Rear-facing blue lights may not, under the current legislative scheme, be added to State Police vehicles.

August 25, 2003

Wayne E. Bennett
Acting Superintendent
New York State Police
Bldg. 22, 1220 Washington Ave.
Albany, New York 12226-2252

Formal Opinion
No. 2003-F2

Dear Acting Superintendent Bennett:

Former Superintendent McMahon requested an opinion regarding whether the use of two rear-facing blue lights on State Police patrol vehicles would be legal under existing State law. As the proposed lighting scheme is described, a single rear-facing blue light would be placed on the roof of State Police patrol vehicles, while a second blue light, also rear-facing, would be visible only when the trunk of the patrol car is open. We are of the opinion that the proposed lighting scheme is not permissible under existing State law.

Vehicle and Traffic Law § 375 regulates the "equipment" — e.g., brakes, steering mechanisms, windows — on vehicles. Subsection 41 of this section regulates the color of lights that may be installed on motor vehicles, allocating different colors to vehicles performing different functions. See Vehicle and Traffic Law § 375(41). Generally, only white, non-flashing lights may be installed on vehicles. Id. § 375(41)(1) ("No light, other than a white light, . . . shall be affixed to, or displayed on any vehicle except as prescribed herein."). Exceptions are made for certain categories of vehicles. Thus, authorized emergency vehicles and fire vehicles may have one or more red or white lights, or a combination of red and white lights. Id. § 375(41)(2). Amber lights may be affixed to a hazard vehicle, as well as to a motor vehicle stopped on a highway and "engaged in an operation which would restrict, impede or interfere with the normal flow of traffic." Id. § 375(41)(3). A vehicle owned or operated by a member of a volunteer ambulance service may have one green light attached to it. Id. § 375(41)(5).

The statute explicitly reserves blue lights for motor vehicles owned or operated by volunteer members of a fire department. Id. § 375(41)(4). The statute authorizing the affixation of one blue light to a vehicle owned or operated by a volunteer member of a fire department provides that "[s]uch blue light may be displayed exclusively by such volunteer firefighter on such a vehicle only when engaged in an emergency operation. . . . The use of blue lights on . . . vehicles shall be restricted for use only by a volunteer firefighter as provided for [herein]." Id. (emphasis added).

The language emphasized above was added by amendment in 2002. According to a memorandum in support of the legislation by Assemblywoman Galef, a sponsor of the legislation, the justification for the amendment was as follows:

Because regulation has not been specific as to which emergency vehicles should use blue lights on their vehicles [sic], this bill is necessary to clarify that blue lights on emergency vehicles are to be used exclusively on volunteer firefighter's [sic] vehicles. There have been instances where blue lights have been used on other vehicles not owned or operated by volunteer firefighters. This legislation is being proposed to amend the vehicle and traffic law to establish that only volunteer firefighters shall have blue lights on their vehicles.

Memorandum in Support of Legislation, reprinted in Bill Jacket for ch. 12 (2002).

We are aware of no other State legislation that would provide an exception to this clear statement of legislative intent that the affixation of blue lights be limited to volunteer fire vehicles. The regulations adopted to implement the statutory provisions relating to blue lights are consistent with the statute. See 15 N.Y.C.R.R. § 44.4(a).

We therefore conclude that under the present legislative scheme, the affixation of blue lights to any motor vehicle other than a vehicle owned or operated by a volunteer firefighter is prohibited and, therefore, one or more blue lights may not be affixed to State Police patrol vehicles.

We note that legislation was recently proposed to make blue lights available to police vehicles engaged in emergency operations. See New York Senate Bill 2281 (2003) (introduced) (providing that "one or more blue lights or combination of blue, red and/or white lights may be affixed to a police vehicle, and such lights may be displayed on a police vehicle when such vehicle is engaged in an emergency operation"). The sponsor's memorandum states:

Studies have been conducted which have determined that blue colored lights attract the attention of drivers better than any other color. . . . Police officers have determined . . . that for safety reasons, blue colored lights in combination with the current configuration would further enhance officer safety. Presently, the law provides blue lights for use by voluntary fire personnel. Police use of blue colored lights would be in addition to the continued use of blue colored lights by volunteer fire personnel.

Sponsor's Mem., 2003 N.Y. Senate Bill 2281. Should this legislation be adopted, the proposed lighting scheme would be permissible.

Very truly yours,

ELIOT SPITZER
Attorney General