Use of Personal Vehicles for Public Safety & Emergency Lighting

A guest post by LMCIT Public Safety Specialist Troy Walsh

When contemplating whether to use personal vehicles for municipal business, you need to consider the liability if an accident or damage occurs with the personal vehicle. The League of Minnesota Cities Insurance Trust’s (the Trust’s) coverage does not cover physical damage to personal vehicles being used for municipal or department use. 

An example would be when the fire chief uses their personal vehicle to respond to a call, and during that incident the vehicle is rear-ended by another motorist. 

The fire chief’s vehicle would not be covered by the fire department/city’s auto physical damage coverage, and damage would be the fire chief’s personal responsibility. 

The city’s automobile liability coverage may provide coverage for a liability claim when a personal vehicle is used for city business, e.g. an accident in a personal vehicle operated by a firefighter causes bodily injury or property damage to a third party. The Trust’s auto liability coverage is by default excess over the vehicle owner’s own coverage. That is, the Trust’s coverage would come into play if the liability exceeds the vehicle owner’s own coverage limits.

Members have the option to make the Trust’s auto liability coverage primary for privately-owned vehicles used on member business by specified individuals or groups in specified circumstances (e.g., firefighters responding to calls). Members need to notify the Trust so it can add a special endorsement to the member’s coverage.

Guest blogger Troy Walsh

Having the availability to respond directly to a scene in a personal vehicle is important when seconds count, but it does open the liability window. Municipalities need to weigh out the options to allow this type of response versus the potential for liability to the city and/or the personal vehicle owner. Limiting the liability is important when considering how you will respond to the emergency scenes.

Some cities have transitioned into a command vehicle or duty officer type of vehicle. Some cities have purchased a new vehicle and outfitted it with emergency lights, some have used a current utility vehicle or grass unit, and others have worked with local law enforcement to obtain a vehicle that is ready to be sold and — in some cases — is already set up with emergency lighting. 

Emergency Lighting

Minnesota has some specific laws that are related to the use of emergency lighting on personal vehicles and include Minnesota Statutes, Section 169.58, subd. 2 - Red lamp; permit for volunteer emergency responders and Section 169.58, subd.3 - Volunteer Ambulance Driver. These state statutes outline the requirements and permits for use of emergency lighting for personal vehicles. 

In short, emergency lighting is not allowed or legal for any personal vehicles unless you have obtained a permit from the Minnesota Commissioner of Public Safety. This single red non-flashing lamp must only be displayed to the front of the vehicle and the lamp must meet the specifications adopted by the commissioner. The red lamp permit information, data practices advisory, application, and certification forms can be accessed here. 

You may contact Troy via email at twalsh@lmc.org with any questions regarding these requirements, or feel free to call him at (651) 281-1231. 

Remember: Responder Safety = Public Safety

Up next: Police Officer Physical Fitness Testing

In the meantime, stay safe and be careful -
Troy