5016

VETOES

Article - Transportation
19-103.

(A) (1) IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  "EMERGENCY VEHICLE" HAS THE SAME MEANING AS
IN § 11-118 OF THIS ARTICLE.

(3)  "EMERGENCY SERVICE" MEANS:

(I)  RESPONDING TO AN EMERGENCY CALL;

(II)  PURSUING A VIOLATOR OR A SUSPECTED
VIOLATOR OF THE LAW; OR

(III)  RESPONDING TO, BUT NOT WHILE
RETURNING FROM, A FIRE ALARM.

(B) (1) AN AUTHORIZED OPERATOR OF AN EMERGENCY
VEHICLE, WHO IS AUTHORIZED TO OPERATE THE EMERGENCY VEHICLE
BY ITS OWNER OR LESSEE, IS NOT LIABLE IN HIS INDIVIDUAL
CAPACITY, ABSENT MALICE OR GROSS NEGLIGENCE WHEN EXERCISING
REASONABLE CARE, FOR ANY DAMAGES RESULTING FROM A TORTIOUS
ACT OR OMISSION WITHIN THE SCOPE OF PERFORMING EMERGENCY
SERVICE.

(2) THIS SUBSECTION APPLIES ONLY TO OPERATORS OF
EMERGENCY VEHICLES OWNED OR LEASED BY POLITICAL SUBDIVISIONS
OF THE STATE, OR BY VOLUNTEER FIRE COMPANIES OR RESCUE
SQUADS.

(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 FOR ANY DAMAGES
CAUSED BY A TORTIOUS ACT OR OMISSION OF AN AUTHORIZED
OPERATOR OF AN EMERGENCY VEHICLE, ABSENT MALICE OR GROSS
NEGLIGENCE WHEN EXERCISING REASONABLE CARE, WITHIN THE SCOPE
OF PERFORMING EMERGENCY SERVICE.

(2) A POLITICAL SUBDIVISION MAY NOT RAISE THE
DEFENSE OF GOVERNMENTAL IMMUNITY IN AN ACTION AGAINST IT
UNDER THIS SECTION.

(D) LIABILITY UNDER THIS SECTION IS LIMITED TO THE
AMOUNT OF THE MINIMUM MAXIMUM BENEFITS THAT A THE VEHICLE
LIABILITY INSURANCE POLICY PROVIDES MUST PROVIDED UNDER §
17-103 OF THIS ARTICLE.

(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.