WPI 71.02 Authorized Emergency Vehicle—Requirements
6 WAPRAC WPI 71.02Washington Practice Series TMWashington Pattern Jury Instructions--Civil
6 Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 71.02 (7th ed.)
Washington Practice Series TM
Washington Pattern Jury Instructions--Civil
April 2022 Update
Part VIII. Motor Vehicles
Chapter 71. Emergency and Roadwork Vehicles
WPI 71.02 Authorized Emergency Vehicle—Requirements
“Authorized emergency vehicle” means any vehicle of any fire department, police department, sheriff's office, coroner, prosecuting attorney, Washington State Patrol, ambulance service, public or private, or any other vehicle authorized in writing by the Washington State Patrol to serve as an emergency vehicle.
[An authorized emergency vehicle must be equipped with at least one lamp capable of displaying a red light visible from a distance of at least 500 feet in normal sunlight and a siren capable of giving an audible signal.]
NOTE ON USE
Do not use this instruction if the first bracketed sentence of WPI 71.01 (Emergency Vehicles—Privileges When Authorized) is used. Use this instruction only when a question of fact exists as to whether the vehicle in question is an “authorized emergency vehicle.” The bracketed paragraph would normally be used only when the vehicle is not a police, fire department, or ambulance vehicle.
COMMENT
RCW 46.04.040; RCW 46.37.190.
The instruction has been modified for this edition for better juror comprehension. No substantive change is intended.
Even in the absence of written approval by the State Patrol, a motorcycle or vehicle routinely used to escort funeral processions may be considered a de facto emergency vehicle, if it is equipped with emergency equipment that complies with RCW 46.37.190 and that has been tested and approved by the State Patrol pursuant to RCW 46.37.194. Boyle v. Emerson, 17 Wn.App. 101, 104, 561 P.2d 1110 (1977).
The statutory requirements for sirens and special lights are set forth in RCW 46.37.184, RCW 46.37.190, RCW 46.37.380, RCW 46.61.035, and RCW 46.61.210. When there are factual issues concerning whether the emergency vehicle was properly equipped, this instruction may need to be modified to reflect the specific statutory requirements.
[Current as of March 2021.]
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