5222                                                    VETOES

(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 APPLIED 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, 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 MAXIMUM BENEFITS THAT THE VEHICLE LIABILITY
INSURANCE POLICY PROVIDES.

(C)(1) AN OWNER 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, 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.