Untitled Texas Attorney General Opinion ( 1973 )

AURTIN. %-EXAS 78711
September 14, 1973
Honorable Robert W. Post Opinion No. H-102
County Attorney
Dewitt County Re: Applicability of Art.
P. 0. Box 110 459013 and 6701d,
Cuero, Texas 77954 V. T. C. S., to private
ambulances
Dear Mr. Post:
You have requested our opinion concerning the regulation of
private ambulances under the provisions of Articles 4590b and 6701d,
V. T. C. S.
Your first two questions are as follows:
1. “Is the operator of a private ambulance
which answers calls from the police dispatcher to
pick up victims of wrecks or other emergencies
required to have a permit from the State Board of
Health under Art. 4590b?”
2.“Is the operator of a private ambulance
which does not answer calls from the police dis-
patcher to pick up victims of wrecks, etc., but
which does transfer private patients from home
to hospital and from one hospital to another, required
to have a permit from the State Board of Health under
Art. 4590b? ”
Article 4590b, Vernon’s Texas Civil Statutes, provides in part that
no person shall operate ” . . . any emergency ambulance, public or pri-
vate, or any other vehicle commonly used for the transportation or convey-
ance of the sick or injured, without first securing a permit thcrefor from
the State Board of Health . . . . ”
p. 467
The Honorable Robert W. Post, page 2 (H-102)
This statute is applicable to “any emergency ambulance, public or
private, ” and thus your first questionmust be answered in the affirmative.
The statute also applies to “any other vehicle commonly used for
the transportation or conveyance of the sick or injured, ” which we believe
covers the circumstances described in your second question. We also
believe that the Legislature intended for the phrase “public or private”
to apply to such other vehicles. The statute as passed declared an emer-
gency “for the benefit of public safety, ” Acts, 48th Legislature, 1943,
p. 633. ch. 360, and we see no distinction between public and private
ambulances in serving this purpose. Accordingly, we answer your second
question in the affirmative.
Your next two questions are as follows:
3. “Is the operator of a private ambulance
operated under permit from the State Board of
Health in violation of Art. 6701d if the ambulance
does not have the siren and flashing red lights
required by’that Article? ”
4. “Is the operator of a private ambulance
operated (either legally or illegally, depending on
the answer [to] the first two questions above) with-
out a permit from the State Board of Health in vio-
lation of Art. 6701d if the ambulance does not have
the siren and flashing red lights required by that
Article? ”
Article 6701d. 5 2(d), defines “authorized emergency vehicle” to
ihclude ” . . . public and private ambulances for which permits have
been issued by the State Board of Health. . . .‘I
Article 6701d, 5 124(a), requires every “authorized emergency
vehicle” to be equipped with siren, whistle, or bell; and S 124(b) requires
it to be equipped with signal lamps displaying both to front and to rear
two alternately flashing red lights, etc.
p. 468
The Honorable Robert W. Post, page 3 (H-102)
A private ambulance operating under a permit from the State Board
of Health is plainly an “authorized emergency vehicle” under -4rticLe 670ld
$ 2(d) and is thus subject to the requirements of each section of Article
670ld applicable to authorized emergency vehicles. Accordingly your third
question requires an affirmative answer.
The operation of a private ambulance without a permit is in violation
of Article 4590b and subjects the operator to the penalties set forth in 5 5
of that act. We believe that the Legislature intended the provisions of
Article 6701d to apply to all vehicles that are subject to the provisions of
Article 459013, whether in compliance with that statute or not, and certainly
the Legislature did not intend to exempt owners and operators of ambulances
on the basis of non-compliance with Article 4590b. This would ascribe to
the Legislature an unreasonable intent, in violation of basic rules of statu-
tory construction. 53 Tex. Jur. 2d, Statutes, 5 126.
Accordingly, your fourth question is answered in the affirmative.
SUMMARY
Both Articles 4590b and 670ld, V. T. C. S., are
applicable to private ambulances and require that
they be licensed by the State Board of Health and
carry the required equipment.
Very truly yours,
A I&``OVED:
( &,$R\srY F/ YORK, F/i-s; Assist&t
Opinion’ Committee
p. 469