Request By:
James G. LeMaster, Esq.
256 Swigert Avenue
Lexington, Kentucky 40505
Opinion
Opinion By: Robert F. Stephens, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter requesting an opinion concerning the powers of a constable. Specifically you ask whether a constable may use blue lights on his automobile to aid him in carrying out his duties.
KRS 189.910 defines "emergency vehicle" and "public safety vehicle." KRS 189.920 deals with flashing lights and the specific types of vehicles which may use flashing, rotating or oscillating lights and the colors of such lights which are authorized for those vehicles. This statute also sets forth those vehicles which may use a siren.
KRS 189.910 states:
"(1) As used in KRS 189.920 to 189.950, 'emergency vehicle' means any vehicle used for emergency purposes by a fire department; any vehicle used for emergency purposes by the state police, a public police department, or sheriff's office; any vehicle used for emergency purposes by a rescue squad; any publicly owned vehicle used for emergency purposes by a civil defense agency; ambulances; any vehicle commandeered by a police officer; or any motor vehicle used by a volunteer fireman while responding to an emergency.
(2) As used in KRS 189.920 to 189.950, 'public safety vehicle' means public utility repair vehicle; wreckers; state, county, or municipal service vehicles and equipment; highway equipment which performs work that requires stopping and standing or moving at slow speeds within the traveled portions of highways; and vehicles which are escorting wide-load or slow-moving trailers or trucks."
KRS 189.920(2), dealing with the use of blue flashing lights and a siren, states:
"All state, county, or municipal police vehicles and all sheriff's vehicles used as emergency vehicles shall be equipped with one or more flashing, rotating, or oscillating blue lights, visible under normal atmospheric conditions from a distance of 500 feet to the front of such vehicle, and a siren, whistle, or bell, capable of emitting a sound audible under normal conditions from a distance of not less than 500 feet. This equipment shall be in addition to any other equipment required by the motor vehicle laws."
KRS 189.950 provides in part that only those vehicles designated as emergency vehicles shall be equipped with a siren. That same statute also states that only those vehicles designated as emergency vehicles shall be equipped with red or blue flashing, revolving or oscillating lights. Furthermore, only those vehicles designated as public safety vehicles shall be equipped with yellow flashing, revolving or oscillating lights.
In
Commonwealth v. Bradley, Ky., 516 S.W.2d 644, 645 (1974), the Court said in part as follows:
". . . but there is no reference to a constable's vehicle or to the duties of a constable in KRS 189.920 to 189.950. Therefore, the vehicles which appellees used were not 'emergency vehicles' as defined in KRS 189.910(1). It is our opinion that constables may not use blue flashing, blue revolving, or blue oscillating lights as part of their motor vehicle equipment."
Thus, since there is no reference to a constable's vehicle or to the duties of a constable in KRS 189.910 to 189.950, a constable's vehicle is neither an "emergency vehicle" nor a "public safety vehicle." It may not be equipped with flashing, revolving or oscillating lights of any color and it may not be equipped with a siren.
Although you have asked about a constable's powers you have not raised any specific question other than the one concerning the use of blue lights. We, therefore, will conclude with references to some of the statutes applicable to constables and while the list is not exhaustive, it relates to some of the more important matters pertaining to constables.
KRS 446.010(24) provides in part that a constable is a peace officer. As a peace officer he has the peace officer's authority to make an arrest pursuant to KRS 431.005(1). A constable's jurisdiction is co-extensive with the county in which he resides and is elected. See Section 101 of the Kentucky Constitution and KRS 70.350. Generally, therefore, a constable may exercise the duties of his office in any part of the county. KRS 64.190 and 64.090 deal with the fees which a constable may collect for various services. Note, for example, that he is entitled to 50 cents for each arrest involving a motor vehicle regulation. Other statutes relating to constables are set forth in KRS 70.310 to 70.440 .