|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1688 LAWS OF MARYLAND Ch. 539
|
|
|
|
|
|
|
|
|
(III) RESPONDING TO, BUT NOT WHILE RETURNING
FROM, A FIRE ALARM.
(B) (1) AN OPERATOR OF AN EMERGENCY VEHICLE, WHO IS
AUTHORIZED TO OPERATE THE EMERGENCY VEHICLE BY ITS OWNER OR
LESSEE, IS IMMUNE FROM SUIT IN HIS INDIVIDUAL CAPACITY FOR ANY
DAMAGES RESULTING FROM A NEGLIGENT ACT OR OMISSION WITHIN THE
SCOPE OF PERFORMING EMERGENCY SERVICE WHILE OPERATING THE
EMERGENCY VEHICLE IN THE PERFORMANCE OF EMERGENCY SERVICE AS
DEFINED IN SUBSECTION (A) OF THIS SECTION.
(2) THIS SUBSECTION DOES NOT PROVIDE IMMUNITY FROM
SUIT TO AN OPERATOR FOR A MALICIOUS ACT OR OMISSION OR FOR GROSS
NEGLIGENCE OF THE OPERATOR.
(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 NEGLIGENT ACT OR OMISSION OF AN AUTHORIZED OPERATOR OF AN
EMERGENCY VEHICLE WITHIN THE SCOPE OF PERFORMING EMERGENCY
SERVICE 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.
(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.
|
|
|
|
|
|
|
|
|
|
SECTION 2. AND BE IT FURTHER ENACTED, That this Act is not
intended to be construed so as to bar completely any person from
a cause of action or remedy in a situation where that person
would have an available cause of action or remedy except for the
operation of this Act.
|
|
|
|
|
|
|
|
|
|
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1983.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
