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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5965 August 25, 1981 MOTOR VEHICLES: Lights on authorized emergency vehicle returning from an emergency call The operator of a township fire truck, while returning from an emergency fire call or while returning to fill the water or gas tank, may show flashing lights as may be required for the safety of the public, the members of the fire department riding on the truck, and the fire truck vehicle. The Honorable Don Koivisto State Representative The Capitol Lansing, Michigan You have requested my opinion on whether the operator of a township fire truck may use the red warning lights when returning from a fire. According to correspondence attached to your opinion request, the township fire department operates the lights on its fire truck in the following manner: 'Normally, when we return from a fire we have the red lights on the fire truck on. We believe this is very important as the truck is wider than most vehicles and visibility is often a problem. Also, as we are a rural fire department, the only water we have available to us is what we carry in our truck. Therefore, we feel it is imperative that when returning to the fire hall to get gas and fill our water tank, the red lights should be on. . . .' You also advise that when the lights are used in this manner, the fire truck does not exceed the speed limit, all traffic signs and traffic signals are observed and the siren is not used. 1949 PA 300; MCLA 257.1 et seq; MSA 9.1801 et seq, is known as the Michigan Vehicle Code. In 1949 PA 300, supra, Sec. 2, the Legislature has defined 'authorized emergency vehicles' expressly to include vehicles of a fire department. Thus, the township fire department fire truck is an authorized emergency vehicle. As an authorized emergency vehicle, its operator is granted certain exemptions from the provisions of the Michigan Vehicle Code by 1949 PA 300, supra, Sec. 603, which, in pertinent part, provides: '(b) The driver of an authorized emergency vehicle when responding to an emergency call, but not while returning from an emergency call, may exercise the privileges set forth in this section, subject to the conditions of this section. '(c) The driver of an authorized emergency vehicle may: '(1) Park or stand, irrespective of the provisions of this act. '(2) Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation. '(3) Exceed the prima facie speed limits so long as he does not endanger life or property. '(4) Disregard regulations governing direction of movement or turning in specified direction. '(d) The exemptions granted in this section to an authorized emergency vehicle shall apply only when the driver of the vehicle while in motion sounds an audible signal by bell, siren, air horn, or exhaust whistle as may be reasonably necessary except as provided in subsection (3), and when the vehicle is equipped with at least 1 lighted lamp displaying a flashing, oscillating, or rotating red or blue light visible under normal atmospheric conditions from a distance of 500 feet in a 360 degree are except where it is deemed advisable not to equip a police vehicle operating as an authorized emergency vehicle with a flashing, oscillating or rotating light which is visible in a 360 degree arc. In those cases a police vehicle shall display a flashing, oscillating, or rotating red or blue light which is visible under normal atmospheric conditions from a distance of 500 feet to the front of the vehicle. Only police vehicles which are publicly owned shall be equipped with a flashing, oscillating, or rotating blue light which when activated shall be visible under normal atmospheric conditions from a distance of 500 feet in a 360 degree arc.' A plain reading of this section of the Michigan Vehicle Code indicates that exemptions from the enumerated strictures of the Michigan Vehicle Code are available to the driver of a township fire truck only if it is enroute to an emergency fire call, provided that the bell, siren, air horn or exhaust whistle is being sounded, but not while returning from an emergency fire call. It should also be observed, however, that 1949 PA 300, Sec. 603(b), supra, contains no prohibition upon the use of flashing, oscillating or rotating red lights by the operator of an authorized emergency vehicle while returning from an emergency call or while returning to fill the water tank or gas tank. The Legislature has proscribed the use of flashing, oscillating or rotating red lights in 1949 PA 300, supra, Sec. 698, as last amended by 1980 PA 270, except under the following, pertinent, circumstance: '(b) A fire vehicle or ambulance available for public use or for use of United States, the state or any unit of the state, whether publicly or privately owned, shall be equipped with flashing, rotating, or oscillating red lights and used as required for safety.' Thus, the Legislature has expressly authorized the operator of a fire truck, without penalty, to use flashing, rotating or oscillating red lights as required for safety while returning from a fire call, including stops for water or gas, provided that all motor vehicle laws are observed and the siren, bell, air horn or exhaust whistle is inoperative. It is my opinion, therefore, that the operator of a township fire truck may, for reasons of safety, operate flashing, rotating or oscillating red lights while returning from an emergency fire call when the fire has been extinguished, including stops for obtaining water or gas, to protect the safety of the public, the members of the fire department riding on the truck and the fire truck vehicle. Frank J. Kelley Attorney General
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