Filed Date: 2/23/1981
Status: Precedential
Modified Date: 7/5/2016
Andrea Moran, Esq. Town Attorney, Olive
You ask whether a town constable may affix a red light and siren to a motor vehicle and use them while performing official duties; whether he may place an emblem on a motor vehicle identifying it as a constable vehicle; whether a constable may exceed speed limits and ignore other road restrictions in an official emergency; and whether a constable may assist at an emergency in another town.
Sirens may be used only on authorized emergency vehicles (Vehicle and Traffic Law, §
If authorized by the town board, town constables may affix to a town vehicle an emblem identifying the occupant as a town constable (Vehicle and Traffic Law, §
The driver of an "authorized emergency vehicle" when involved in an emergency operation may stop, stand or park irrespective of traffic rules, proceed past a steady red signal, a flashing red signal or a stop sign after slowing down for safety reasons, exceed the speed limits without endangering life or property and disregard regulations governing directions of movement and turning (id., § 1104 [b]). For reasons previously stated, the term authorized emergency vehicle does not include a town constable's vehicle. We conclude that town constables are not exempt from traffic rules under section 1104.
Upon the request of the chief executive officer of a county, city, town or village to another local government, the latter may assign members of its police department, police force or parkway police force to the local government making the request (General Municipal Law, §
The Legislature has defined the terms police officer and peace officer as distinct and mutually exclusive categories, thereby clarifying the powers possessed by each group (Criminal Procedure Law, § 120 [34]; L 1980, ch 843 added section
The provisions of the Vehicle and Traffic Law may not be varied or superseded by local laws (Vehicle and Traffic Law, §
We conclude that town constables may not affix a red light or use a siren on a motor vehicle. Nor may they exceed speed limits and violate other traffic rules. If authorized by the town board, town constables may affix emblems to town vehicles identifying them as constable vehicles. Town constables may not be used to assist other local governments requesting aid.