|
Chauffeurs of Fire Department rigs are under the duty to operate the apparatus in a safe manner and do not have any kind of immunity from legal process. If you are found to have violated Department regulations in the operation of the apparatus, you can be subjected to Departmental disciplinary charges. You can also be subject to both civil and even criminal liability. If an accident is deemed a "major accident" involving significant damage to a vehicle or private property or serious injury/death, you will be urine tested for alcohol and/or drugs by the Department's Bureau of Investigations and Trials. It is also likely that both you and the other members on the apparatus will be interviewed by the Fire Department's Safety Chiefs or their representatives.
For example, Department regulations permit a chauffeur to pass a red traffic light or stop sign, but only "after slowing down as may be necessary for safe operation." A chauffeur is always under the obligation to drive with "due regard for the safety of all persons." Accordingly, if you are involved in an intersection collision, particularly a fatality, it is very possible that you could face Departmental charges for violating the above quoted provisions, in addition to any criminal charges that may be pending!
If, as a result of a motor vehicle accident you are named a party to a civil suit, you are entitled to representation by the Office of the Corporation Counsel of the City of New York. However, you must be aware that prior to any such representation you will be informed that if the Corporation Counsel determines that you were not acting "within the scope of your public employment or in the discharge of your duties or in violation of any rule or regulation of the Fire Department," they may be compelled to withdraw from such representation. They will also inform you that you may not be indemnified by the City of New York if you are found to have acted "intentionally" or "recklessly."
Thus, it is imperative that you bear in mind that safety should be your primary concern in the operation of a fire apparatus. We are aware that you want to get to the scene of a fire or other emergency as quickly as possible to save lives and property. However, if you do not operate the rig in a safe manner and are involved in an accident, you will not accomplish that goal and also subject yourself to potential liabilities.
Fraternally,
Stephen J. Cassidy
President
Joseph A. Miccio
Recording Secretary
 |
