WILLIAM DONALD SCHAEFER, Governor Ch. 546

(c) (1) An owner or lessee of an emergency vehicle, including a political
subdivision, is liable to the extent provided in [subsection (d) of this section] TITLE 5,
SUBTITLE 3 § 5-399.5(C) OF THE COURTS AND JUDICIAL PROCEEDINGS
ARTICLE for any damages caused by a negligent act or omission of an authorized
operator while operating the emergency vehicle in the performance of emergency
service as defined in subsection (a) of this section.

(2) [This subsection does not subject an owner or lessee to liability for the
operator's malicious act or omission or for the operator's gross negligence.

(3) A political subdivision may not raise the defense of governmental
immunity in an action against it under this section] AN OWNER OR LESSEE OF AN
EMERGENCY VEHICLE, INCLUDING A POLITICAL SUBDIVISION, SHALL
HAVE THE IMMUNITY FROM LIABILITY DESCRIBED UNDER TITLE 5,
SUBTITLE 3 § 5-399.5(C) OF THE COURTS AND JUDICIAL PROCEEDINGS
ARTICLE.

(d) [Liability under this section for self-insured jurisdictions is limited to the
amount of the minimum benefits that a vehicle liability insurance policy must provide
under § 17-103 of this article, except that an owner or lessee may be liable in an amount
up to the maximum limit of any basic vehicle liability insurance policy it has in effect
exclusive of excess liability coverage.

(e) A judgment under this section against the owner or lessee of an emergency
vehicle constitutes a complete bar to any action or judgment deriving from the same
occurrence against the operator of the emergency vehicle] A SELF-INSURED
JURISDICTION SHALL HAVE THE IMMUNITY FROM LIABILITY UNDER
THIS SECTION AS DESCRIBED UNDER TITLE 5, SUBTITLE 3 § 5-399.5(D) OF
THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE.

SECTION 4. AND BE IT FURTHER ENACTED, That the provisions of this
Act are intended only to consolidate the current provisions on immunities, limitations
on liability, and other prohibited actions in the Annotated Code of Maryland and to
make stylistic changes, and there is no intent to alter substantively any statutory or
common-law immunities, limitations on liability, or prohibited actions.

SECTION 5. AND BE IT FURTHER ENACTED, That, subject to the
approval of the Reviser of Statutes, the publishers of the Annotated Code of Maryland
shall propose the correction of cross-references that are rendered incorrect by this Act.

SECTION 6. AND BE IT FURTHER ENACTED, That this Act shall take
effect October 1, 1990.

Approved May 29, 1990.

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