NYCL AGO 95-28.

• Case Date: May 04, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-28. May 4, 1995Informal Opinion No. 95-28Hon. Sheldon Silver Speaker of the Assembly Legislative Office Bldg., Rm. 582 No. 95-28 Albany, NY 12248PUBLIC HEALTH LAW § 3001(2) and (3); VEHICLE AND TRAFFIC LAW §§ 101, 115-c, 375(26) and (41)(2); L 1981, CH 142."Emergency ambulance service vehicle", as defined by section 115-c of the Vehicle and Traffic Law, includes an appropriately equipped privately-owned vehicle operated by an agent of an ambulance service and used in transporting emergency medical personnel and equipment to sick or injured personsDear Speaker Silver: You have requested my opinion as to whether the definition of "emergency ambulance service vehicle" in section 115-c of the Vehicle and Traffic Law includes a privately-owned vehicle which is being operated by an agent of a duly qualified ambulance service answering an emergency on behalf of such ambulance service. As you have pointed out, an "emergency ambulance service vehicle" is further defined as an "authorized emergency vehicle" (Vehicle and Traffic Law § 101) which is permitted to utilize gongs or sirens, red and white lights, and may disregard certain traffic control laws, consistent with Vehicle and Traffic Law §§ 375(26), (41)(2) and 1104. Section 115-c defines "emergency ambulance service vehicle" as

An emergency ambulance service vehicle shall be defined as an appropriately equipped motor vehicle owned or operated by an ambulance service as defined in section three thousand one of the public health law and used for the purpose of transporting emergency medical personnel and equipment to sick or injured persons.

I believe that the language "owned or operated by" (emphasis supplied) includes an appropriately equipped privately-owned vehicle operated by an agent of an ambulance service and used in transporting emergency medical personnel and equipment to sick or injured persons. "Ambulance service" for purposes of this provision is defined by Public Health Law § 3001(2), (3), and includes a volunteer ambulance service. To conclude that such a privately-owned vehicle is not an "emergency ambulance service vehicle" is inconsistent with the plain meaning of the language "or operated" in section 115-c of the Vehicle and Traffic Law. I believe that the statute, in covering a privately-owned vehicle...