Request By:
Mr. Malcolm L. West, Jr.
Bradford Street
Beechmont, Kentucky 42323
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Thomas R. Emerson, Assistant Attorney General
This is in reply to your letter raising a question concerning the use of emergency equipment by the coroner of Muhlenberg County while enroute to the scene of an accident. You state that the coroner works closely with law enforcement officials and is sometimes delayed by traffic in arriving at the location of an accident. Your specific question is whether the coroner may use emergency equipment such as flashing blue or red lights and sirens on his vehicle.
KRS 189.040(8) states that flashing lights are prohibited on all motor vehicles except as a means of indicating a right or left turn or for the purpose of warning the operators of other vehicles of the presence of a vehicular traffic hazard requiring the exercise of unusual care in approaching, overtaking or passing.
KRS 189.950(1) provides that no motor vehicle, except those designated under KRS 189.910 to 189.950 as emergency vehicles, shall be equipped with, nor shall any person use upon a vehicle, any siren, whistle or bell. A vehicle may be equipped with a theft alarm signal device which shall be so arranged that it cannot be used as an ordinary warning signal. KRS 189.950(2) states that no motor vehicle, except those designated as emergency vehicles, shall be equipped with, nor shall any person use upon a vehicle any red or blue flashing, revolving or oscillating light or place a red light on the front thereof. This subsection shall not apply to the use of red flashing lights on school buses or to stop lights or turn signals at the rear of any motor vehicle. KRS 189.950(3) provides that no motor vehicle, except those designated as public safety vehicles, shall be equipped with, nor shall any person use upon any vehicle any yellow flashing, revolving or oscillating lights.
Thus, there is a general prohibition against the use of sirens, whistles and bells and red or blue flashing, revolving or oscillating lights on motor vehicles. To come within the exceptions to these prohibitions motor vehicles must be designated as emergency vehicles under KRS 189.910 to 189.950.
KRS 189.910(1) defines "emergency vehicle" as follows:
"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. "
KRS 189.910(2) defines a "public safety vehicle" and while you are primarily concerned about an "emergency vehicle, " there is nothing in KRS 189.910(2) that would enable a coroner's vehicle to be considered a public safety vehicle.
KRS 189.920(1) states that all fire department, rescue squad or publicly owned civil defense agency emergency vehicles and all ambulances shall be equipped with one or more flashing, rotating or oscillating red lights, visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, and a siren, bell or whistle capable of emitting a sound audible under normal conditions from a distance of not less than five hundred feet.
KRS 189.920(2) provides that all state, county or municipal police vehicles and all sheriffs' 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 five hundred 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 five hundred feet.
Thus, in conclusion, a coroner's vehicle is not an "emergency vehicle" and it is not included among those types of vehicles which are authorized and required to utilize red or blue flashing, rotating or oscillating lights and sirens, bells or whistles. A coroner's vehicle is covered by the general prohibition against the use of sirens, whistles and bells and red or blue flashing, revolving or oscillating lights. The coroner may not use such equipment on his vehicle even when he is proceeding to the scene of an accident.