(a) The prima facie speed limitations set forth in this subchapter shall not apply to authorized emergency vehicles when responding to emergency calls when the driver thereof is operating the vehicle's emergency lights and is also operating an audible signal by bell, siren, or exhaust whistle if other vehicles are present.
(b) This section shall not relieve the driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons using the street, nor shall it protect the driver of any emergency vehicle from the consequence of a reckless disregard of the safety of others.
(c) For purposes of this section, “emergency calls” means legitimate emergency situations which call for the operation of an emergency vehicle, including a police vehicle.
History. Acts 1937, No. 300, § 55; Pope's Dig., § 6713; A.S.A. 1947, § 75-606; Acts 2001, No. 332, § 1; 2001, No. 1415, § 1.
Research References
Ark. L. Rev.
Torts - Duty of Emergency Vehicles, 21 Ark. L. Rev. 272.
City of Caddo Valley v. George: Stop or I'll Sue! Police Chases and the Price Cities May Pay, 55 Ark. L. Rev. 425 (2002).
Case Notes
The officers were negligent in continuing the high-speed pursuit once they knew of conditions which could create a danger to innocent bystanders; it was their duty, once they knew of the roadblock, to exercise ordinary care for the safety of others using the highway. City of Caddo Valley v. George, 340 Ark. 203, 9 S.W.3d 481 (2000).
The driver of an emergency vehicle is held to a standard of ordinary care. City of Little Rock v. Weber, 298 Ark. 382, 767 S.W.2d 529 (1989).
Cited: Freeman v. Reeves, 241 Ark. 867, 410 S.W.2d 740 (1967).