to your state for applying common sense.
0 Kudo
Right of way enroute to an accident?
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 auto rescue |
#21 | |||
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Posts: 15745 06/24/2008 14:29
Featured Member November 2004 
 Moderator
Michigan |
to your state for applying common sense.
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exfwyboy |
#22 | |||
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Posts: 12 06/24/2008 23:32 |
To be involved in a collision is enough trouble in itself. To be involved in a collision while responding to a call? Oh boy, watch out. Lawyers and insurance
companies can have a field day with the collision during response scenario. Whether it is legal or not to use the shoulder in your state, when responding to an
incident blocking traffic lanes in your state, and you are using the shoulder, use extreme caution.
Here in CA, you may use the shoulder or center divider with permission from an officer. However, the only thing that permission does for you is allow you to use the shoulder without being issued a citation for passing on the shoulder. If you crash into another vehicle, the probability of being found at fault (and being sued civilly) is very high. Financially, is it really worth the time saved to risk a collision when responding? |
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dmurph879 |
#23 | |||
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Posts: 508 06/25/2008 01:01 California |
Every state has different laws. In Calif we have "emergency" vehicles. These vehicles are exempt from the provisions of the vehicle code while
displaying a red or blue light and sounding a siren as necessary. The are still held accountable to drive in a safe manner. The only people that have the
lights and sirens are EMS, FIRE, and law enforcement.
In your state a wrecker may be a "public safety vehicle" and may be exempt at times. You need to know for sure before you violate the law, are some idiot with a lawyer will own you for life. |
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wally868 |
#24 | |||
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Posts: 110 06/25/2008 01:34
WreckMaster #050694 Kentucky |
To the ones answering, Kevin has posted this question i believe mainly because one of our heavy driver was involved in an accident about 3 weeks ago
while responding to a police request. He was traveling up the "shoulder" and the car beside him was trying to keep him from doing so and she ran upon
another vehicle that was stopped and to keep from rear ending them she swerved into our "shoulder" and our driver did hit her. Now any other time if
we was just doing this for the heck of it i would say ticket him but under these conditions i will fight for him regardless of what it cost. This driver has
about 14 years heavy experience and has worked for the us postal service for the last 17 years and has a spotless driving record and a mature man and was going
aroud 15 mph when the accident happened.
Kevin can tell you guys that on I-75 thru the "cut n the hill" area and about 5-8 miles before that if there is and accident traffic is grid locked and the Police do want you there asap. Now the driver did get a ticket for "unauthorized use of a shoulder" and the total cost would be $ 158.00. The issuing agency was the Kentucky State Police which the only reason they are in this part of the state is to write tickets on the interstate. The state trooper was on the southbound side issuing a citation when the accident happened so he went to the exit and flipped around and worked the accident. Our company is familiar with this young trooper and i believe Kevin is also because we have picked up the last 2 cruisers that he has totaled while writing tickets. Normally i would agree with most people but i see there is alot of opinions on this issue and i know Kevin is on the right path with this issue. Since the issuing of the ticket we have hired a law firm and have went to court over this tickat and i am glad to say the judge DISMISSED the citation. He was asking us how else was we going to get there to the accident. The lawyers did find some krs statues that protect us a little more than usual but i believe there is along way to go. The prosecutor said the ticket should never have been issued and some common sense should have been used. Yes we was responsible for her car but she was also cited for failure to control her vehicle. I believe our next step is to be more active with the T.R.A.K and try and get some better laws passed for our towing professionals. I do want to thank Kevin and his dad Ken for their support on this issue because without them bringin us to light on some things we would not have pursued the issue. But i do agree every state is different i am just glad we had a Judge and Prosecutor that had common sense !!!!!!!!!!! Wallace (wally) Patrick
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auto rescue |
#25 | |||
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Posts: 15750 06/25/2008 10:28
Featured Member November 2004
Moderator
Michigan |
It's also nice to hear you backed your driver who appeared to be operating in the prudent mode
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AmtrakDriver |
#26 | |||
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Posts: 227 06/25/2008 12:55 California |
ha...I cant speak for the rest of the state, but our CHP office does not look highly on the shoulder use. I have at times traveled the wrong way up the number
one lane once CHP has the road shut down, used the center turn lane to get around traffic on city streets to get to an accident, etc. I talked to one of the
state contracted FSP drivers the other day about this very issue. When CHP asks to expidite, and traffic is at a crawl, the general rule of thumb is to get in
the number one lane, turn on your over heads and 4 ways, and kind of ride half way in the shoulder. We have to many idiot in sac that try to pull out in front
of you when you are compleetly in the shoulder passing traffic, however usuing the above mentioned method you can usualy get them to move into the adjacent
lane to allow you enough room for passage. I should stress that it is very rare for us to get an expidite call of such, I can thik of two in the last year
running 8-10 calls a day.
Get more.....Get AAA....
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WEBOSLH |
#27 | |||
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Posts: 370 06/25/2008 17:38
Indiana |
I don't work too many wrecks but about a year ago I was called to a multi vehicle on the four lane south of us and by time I got there the party had
started with out me. North bound at a stand still and thats where I had to go. Long story short , lit up the truck, (10 p.m.) found a crossover and headed for
the emer. lane. Not one officer said a word to me, I drove slowly , came past traffic where an officer had traffic stopped, all appeared okay, so I proceeded
to my call. I honestly don't know what state law is but no one in L.E. complained to me.
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scooby |
#28 | |||
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Posts: 5413 06/25/2008 19:44
September 2005
WreckMaster #050302  Supplier Member
Moderator
New York State |
the statue as Kevin has it
I don't hold a law degree, but the way I interpret this in the queens English is, it looks as if you might be able to in whatever jurisdiction this statue was written for. Or at-least you have one hell of a argument.The operator of a vehicle shall yield the right-of-way to any public safety vehicle or |
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sftowdog |
California Says NO SIRENS, but I got mine. | #29 | ||
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Posts: 3 06/27/2008 10:40 |
In California only Ambulances, Armored Cars and Government Vehicles are eligible to be authorized Emergency Vehicles. Tow trucks have no privileges in obeying
the vehicle code except for double parking and using amber warning lights.
I can not imagine any reason for a tow truck to have to respond to a call, even an expedited PD or CHP accident, with full on lights and siren going code-3. The time saved on average is only five to ten minutes, time that could make the difference in a life or death situation but certainly not worth the risk otherwise. So why do I have a siren in my tow truck? It's not because I need to use it constantly or run red lights. If fact I rarely have to use any feature accept for the air-horn or PA, which is legal. But for those times when I need to alert traffic to my presence and project my intension to maneuver as I may need to, nothing is better. In the busy city I work in there are lots of hills and one-way streets not to mention the highways on city streets with traffic driving at freeway speeds and no shoulder. Sometimes driving against traffic is the only, but not legal, way. Traffic flows like running water, drivers mindless and desensitized to the amber flashing lights. It's often only the audible burst or amplified instructions that snap them out of their daze. The officer who conducted the CHP inspection either didn't notice or didn't care about the unit in the truck. I never have used it in the presence of a police officer since if they are present they are aware of the situation and are assisting with the traffic control I would have used the siren for. Just as with the "Move Over Law" the vehicle code is not easily enforced at the scene of a traffic hazard. Lastly, for your consideration, The California Vehicle Code Penalty Schedule lists Section 27002 - "Unlawful Use of a Siren" with a penalty $146.00. Interestingly the previous Section, 27001 - "Unnecessary Use of a Horn" has the same penalty, $146.00. How often have you seen or heard the inappropriate use of a horn. I didn't know there was a law much less ever heard of anyone getting a ticket for it. Looking at these two violations listed next to each other, I can't help but get the impression that, while illegal, a siren violation is not severe. |
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metrotow |
#30 | |||
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Posts: 16 06/27/2008 18:41 |
I agree with John,this last winter we had a inicident. the Fire Dept.was directing traffic and waved us around a
line of cars stoped at the scene,when some lady with a van load of kids turned left into the path of our bed,We received a ticket for operating left of
center.The Sgt on the scene saw what I saw,and told me that my driver best not take this ticket to court.My Insurance co was OK with all that happened and the
witness statements but A TOW does not have any x-tra rules.
J.R. 
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wally868 |
#31 | |||
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Posts: 120 06/28/2008 01:35
WreckMaster #050694 Kentucky |
Metrotow, i feel that should have went back on the fire department for waving you around. You was under direction of a Fire Dept. and at
least here in Ky the fire departments control the scene if there is injuries. Once all injuries have been transported and all hazards mitigated then the fire
dept turns scene over to Police.
I would have fought that as well because i think you had a good case. I just wish there was more laws to protect Towing companies that there is But i guess we will get there sooner or later. Have a great day Wallace (wally) Patrick
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scooby |
#32 | |||
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Posts: 5416 06/28/2008 12:43
September 2005
WreckMaster #050302 Supplier Member
Moderator
New York State |
In NY state, the fire police have allot of power at a scene.
If they give a direction as you stated in regards to traffic flow. the driver of the van would have been ticket and held liable....end of story. it really doesn't matter if it was a lady and there are kids in the car, it has no bearing on the outcome hear. |
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COTTON |
#33 | |||
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Posts: 4038 06/28/2008 17:09
May 2007 T.R.P.L. Past Pres. I.T.R.H.F.M. Regular Member 
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Louisiana has comparative negligence law, at the very least, the van driver would have been 50% at fault for not checking her mirror before the left turn.
Regardless, I would have had to go see the judge.
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MidwayTowing |
curious | #34 | ||
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Posts: 93 07/01/2008 22:51 |
What exactly does this mean???
"4. Drive on a portion of the highway other than the roadway"..? |
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sftowdog |
#35 | |||
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Posts: 4 07/31/2008 14:11 |
"4. Drive on a portion of the highway other than the roadway"..? I suppose means the roadside shoulder, medium or emergency pullout.
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TennesseeTowBoss |
Right of Way | #36 | ||
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Posts: 84 07/31/2008 17:49 |
Kevin,
I start my billing as soon as I recieve the call, So I would say that is when I start to work. I also feel it is against the law to travel down the emergency lane, Saying that, I have done it many times in the past and will probably do it many more in the future. If you waited in traffic, You would never get to the scene when the traffic is sitting still. I have been told by the Tennessee Highway Patrol to use the shoulder and have also had an escort sent to lead me in as well as going down the wrong side of the interstate. So I guess to answer you question I think Work would start when you recieved the call!! Robert |
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EastsideSteve |
#37 | |||
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Posts: 7 08/14/2008 02:04 |
As a Police Officer and certified traffic accident investigator i will answer as this;
legally for the towing industry "involved in work" does not include your response to the scene. In a police or fire vehicle emergency response is only allowed until the situation is stablized. After it has went over the radio that the scene is secure if a police or fire vehicle still continues above speed or disobeys traffic signals, goes the wrong way,etc and an accident occurs it is his/her fault. And is subject to severe legal penalties up to and including jail. Also the driver would be liabel for any law suits that would arrise. Now even though towing and recovery equipment is vital to response at traffic incidents, and we want them there yesterday, they are not considered initial response units. Except very rare occasions where they are used to assist fire and ems with extracations of persons to save a life. At those times a police escort would be required to disobey any traffic laws. And legally no one can simply run a red light, not fire or police,(I know everyone has seen it done, and yes i have). As a tower i would say this; All that stuff the cop said sucks! PS: Also for emergency response requires that the vehicle meet the requirements of an emergency vehicle ie, Siren and approiate lighting as prescribed by state law. And some states require that a registration of same be carried in vehicle and renewed annually... Sorry such a long response to the question.. Steve Baltimore Police & WM030742 |
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EastsideSteve |
#38 | |||
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Posts: 8 08/14/2008 02:09 |
Oh and the answer to the roadway,highway and trafficway requires a diagram. if someone wants me to fax it to them so they can post it on here let me know and i
will. i am not that good with the internet to do that. Also you could check out accidentreconstruction.com for some other cool stuff.
Steve |
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