My question involves a traffic ticket from the state of: California.
Hello,
I got a rear camera video recording of the motorcycle cop who pulled me over for rolling through a Stop Sign, but he didn’t stop himself. Supposedly, he must either turn on siren (when necessary), or red lights (police lights) to go thru stop signs or red lights. In this case, he didn’t turn on any lights and rolled thru the stop sign.
He rode about 1/2 miles from that stop sign. When he got behind me at a stop light, he turned on his lights and siren.
Wouldn’t this police officer violated 21055(b) - pasted below:
Thank you for your time!
VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336]
( Division 11 enacted by Stats. 1959, Ch. 3. )
CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21296]
( Chapter 1 enacted by Stats. 1959, Ch. 3. )
ARTICLE 2. Effect of Traffic Laws [21050 - 21070]
( Article 2 enacted by Stats. 1959, Ch. 3. )
21055.
The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Section 21800), Chapter 5 (commencing with Section 21950), Chapter 6 (commencing with 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions:
(a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.
(b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians.
A siren shall not be sounded by an authorized emergency vehicle except when required under this section.
Also City of Sacramento v. Superior Court (1982):
“The effect of Vehicle Code sections 21055 and 21056 is: where the driver of
an authorized emergency vehicle is engaged in a specified emergency function
he may violate certain rules of the road, such as speed and right of way laws, if
he activates his red light and where necessary his siren in order to alert other
users of the road to the situation. In such circumstances the driver may not be
held to be negligent solely upon the violation of specified rules of the road, but
may be held to be negligent if he fails to exercise due regard for the safety of
others under the circumstances. Where the driver of an emergency vehicle fails
to activate his red light, and where necessary his siren, he is not exempt from
the rules of the road even though he may be engaged in a proper emergency
function, and negligence may be based upon the violation of the rules of the
road.” (City of Sacramento v. Superior Court (1982) 131 Cal.App.3d 395,
402–403 [182 Cal.Rptr. 443], internal citations omitted.)
Hello,
I got a rear camera video recording of the motorcycle cop who pulled me over for rolling through a Stop Sign, but he didn’t stop himself. Supposedly, he must either turn on siren (when necessary), or red lights (police lights) to go thru stop signs or red lights. In this case, he didn’t turn on any lights and rolled thru the stop sign.
He rode about 1/2 miles from that stop sign. When he got behind me at a stop light, he turned on his lights and siren.
Wouldn’t this police officer violated 21055(b) - pasted below:
Thank you for your time!
VEHICLE CODE - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336]
( Division 11 enacted by Stats. 1959, Ch. 3. )
CHAPTER 1. Obedience to and Effect of Traffic Laws [21000 - 21296]
( Chapter 1 enacted by Stats. 1959, Ch. 3. )
ARTICLE 2. Effect of Traffic Laws [21050 - 21070]
( Article 2 enacted by Stats. 1959, Ch. 3. )
21055.
The driver of an authorized emergency vehicle is exempt from Chapter 2 (commencing with Section 21350), Chapter 3 (commencing with Section 21650), Chapter 4 (commencing with Section 21800), Chapter 5 (commencing with Section 21950), Chapter 6 (commencing with 22100), Chapter 7 (commencing with Section 22348), Chapter 8 (commencing with Section 22450), Chapter 9 (commencing with Section 22500), and Chapter 10 (commencing with Section 22650) of this division, and Article 3 (commencing with Section 38305) and Article 4 (commencing with Section 38312) of Chapter 5 of Division 16.5, under all of the following conditions:
(a) If the vehicle is being driven in response to an emergency call or while engaged in rescue operations or is being used in the immediate pursuit of an actual or suspected violator of the law or is responding to, but not returning from, a fire alarm, except that fire department vehicles are exempt whether directly responding to an emergency call or operated from one place to another as rendered desirable or necessary by reason of an emergency call and operated to the scene of the emergency or operated from one fire station to another or to some other location by reason of the emergency call.
(b) If the driver of the vehicle sounds a siren as may be reasonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians.
A siren shall not be sounded by an authorized emergency vehicle except when required under this section.
Also City of Sacramento v. Superior Court (1982):
“The effect of Vehicle Code sections 21055 and 21056 is: where the driver of
an authorized emergency vehicle is engaged in a specified emergency function
he may violate certain rules of the road, such as speed and right of way laws, if
he activates his red light and where necessary his siren in order to alert other
users of the road to the situation. In such circumstances the driver may not be
held to be negligent solely upon the violation of specified rules of the road, but
may be held to be negligent if he fails to exercise due regard for the safety of
others under the circumstances. Where the driver of an emergency vehicle fails
to activate his red light, and where necessary his siren, he is not exempt from
the rules of the road even though he may be engaged in a proper emergency
function, and negligence may be based upon the violation of the rules of the
road.” (City of Sacramento v. Superior Court (1982) 131 Cal.App.3d 395,
402–403 [182 Cal.Rptr. 443], internal citations omitted.)
Traffic Lights, Signs and Controls: Rear Camera Caught Motorcycle Cop Running Stop Sign
Aucun commentaire:
Enregistrer un commentaire