STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5800

October 16, 1980

FIRE DEPARTMENTS:

Vehicles of volunteer firemen

MOTOR VEHICLES:

Flasher lights and sirens on vehicles of volunteer firemen

Volunteer firemen driving authorized emergency vehicles using emergency lights and sirens may travel through other governmental units to respond to emergency calls.

Robert L. Kaczmarek

Prosecuting Attorney

Governmental Center

111 S. Michigan Avenue

Saginaw, Michigan 48602

You have requested my opinion on the following question:

You have informed me that some volunteer firemen respond to 'emergency calls' from outside a county or township, to a fire within the county or township issuing the emergency call, using emergency lights and sirens.

The Michigan Vehicle Code, 1949 PA 300; MCLA 257.1 et seq; MSA 9.1801 et seq (hereinafter the Michigan Vehicle Code), sets forth the requirements for the exemption of authorized emergency vehicles from compliance with traffic control regulations. The Michigan Vehicle Code, supra, Secs. 2 and 603 deal specifically with the use of emergency lights and sirens on authorized emergency vehicles by persons 'responding to emergency calls.'

Fire department vehicles and privately-owned motor vehicles of volunteer or paid firemen are eligible for designation by the Department of State Police in accordance with Michigan Vehicle Code, Sec. 2, supra, as 'authorized emergency vehicles':

1 OAG, 1955, No 2293, p 499 (October 3, 1955), concluded that privately-owned vehicles were not authorized as emergency vehicles because the legislature had not made provision therefor. 1956 PA 11 amended 1949 PA 300, Sec. 2, supra, defining the phrase 'authorized emergency vehicle' to add the phrase 'privately-owned motor vehicles of volunteer or paid firemen.'

It should also be noted that the Michigan Vehicle Code, Sec. 2, supra, was amended by 1975 PA 100 to change the emergency vehicle authorization portion of the statute from 'authorized by the commissioner' (of State Police) to 'authorized by the department of state police.'

This vehicle authorization consists of the employing fire department, police department or ambulance service submitting to the Department of State Police the name of the person and the description of vehicle sought to be authorized as an emergency vehicle. The Department of State Police may approve the vehicle as 'an authorized emergency vehicle' on the recommendation of the employing authority and enters this designation in the vehicle records kept by the department.

A volunteer fireman, driving an authorized emergency vehicle which is responding to an emergency call, has been granted certain exemptions from traffic regulations of the Michigan Vehicle Code, Sec. 603, supra, which, in pertinent, part provides:

See OAG, 1961-1962, No 4105, p 563 (October 30, 1962), and OAG, 1957, No 3142, p 499 (November 1, 1957).

By means of 1951 PA 35; MCLA 124.1 et seq; MSA 5.4081 et seq, the Legislature has empowered municipal corporations, including counties, townships, cities and villages, to contract with each other for the provision of governmental services which each governmental unit is empowered to perform separately. While 1951 PA 35, supra, Sec. 4, places limitations upon provision of heat, light and power services outside the corporate limits of a municipal corporation, the Legislature has not placed any limitation upon provision of fire protection services outside the corporate limits of a municipal corporation.

It should also be noted that 1951 PA 33; MCLA 41.801 et seq; MSA 5.2640(1) et seq, authorizes one or more adjoining townships, whether or not located in the same county, and incorporated cities and villages under 15,000 population to act jointly to provide fire protection services.

In keeping with the Legislature's expressed intent that local boundaries not stand as barriers in the provision of vital governmental services the Michigan Vehicle Code, Sec. 603, supra, has provided an exemption from specified traffic regulations to operators of emergency vehicles without reference to their geographic location.

Thus, it must be concluded that fire protection services may be provided across the corporate lines of municipal corporations, including county lines. Any abuses which arise in the manner in which authorized emergency vehicles are driven in responding to fires will have to be dealt with by the Legislature.

It is my opinion, therefore, that volunteer firemen driving authorized emergency vehicles using emergency lights and sirens may travel through other governmental units in responding to emergency calls.

Frank J. Kelley