Officers must exercise sound professional judgment in the operation of emergency vehicles, mindful of our overarching duty to protect public safety as it involves increased risks to persons and property. By state statute, officers must balance these risks against the need for a prompt response, while also driving with due regard for the safety of persons using the street.
While state statutes and rules provide the foundation for the conduct of officers, it is also important for law enforcement agencies to implement guidelines, policies, and continuous and effective training to ensure proper action during emergency vehicle operations. By statute, this training must be designed to give officers both skills and decision-making ability so that emergency vehicle operations can be resolved safely and successfully.
Benchmark Analytics Research Study
The League of Minnesota Cities Insurance Trust (LMCIT) recently completed the first year of a research study with Benchmark Analytics to utilize predictive analysis to identify key risks facing Trust member law enforcement agencies and to provide evidence-based recommendations for approaches most likely to address these risks. One of the identified evidenced-based practices focused on how an agency managed emergency call response. The research showed a strong correlation to a reduction in liability claims for agencies that had an emergency vehicles operation policy for responding to incidents such as medicals, crimes in progress, and fire calls.
We recommend all law enforcement agencies consider adopting a specific emergency vehicle operations policy, like the one created by the Trust (see model policy below), in addition to the vehicle pursuits policy required by law. Officers are also mandated to train in emergency vehicle operations and in the conduct of police pursuits when the chief law enforcement officer determines that the officer may be involved in a police pursuit of a vehicle being operated in violation of Minn. Stat. § 609.487 given the officer’s responsibilities. This training shall consist of at least eight hours of classroom and skills-based training every five years.
Use LMC’s model policy to get started
LMCIT has created a model policy so agencies can point toward a tool that will help keep their officers safe and fulfill the statutory obligation of Minn. Stat. § 626.8458, subd. 1 and Minn. Stat. § 169.17.
This LMC Model Law Enforcement Emergency Vehicle Operations Policy addresses:
- The purpose of the policy
- When officers are expected to use their sound professional judgment in the operation of emergency vehicles
- When officers should discontinue an emergency response
- What vehicle equipment must be activated when operating in emergency status
- Exemptions that exist for emergency vehicles under Minnesota’s traffic code
- Training requirements
The policy developed by LMCIT does not encompass the mandatory statewide policy governing the conduct of peace officers who are in pursuit of a vehicle that is being operated by someone who is fleeing a police officer. Agencies can find a model policy and more information about that requirement through the Board of Peace Officer Standards and Training (POST) and at Minn. Stat. § 626.8458, subd. 3.
Remember: Responder Safety = Public Safety
In the meantime, stay safe and be careful.
Tracy
