730. Emergency Vehicle Exemption (Veh. Code, § 21055) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [name of public employee] was not required to comply with Vehicle Code section [insert section number] because [he/she] was operating an authorized emergency vehicle and was responding to an emergency at the time of the accident. To establish that [name of public employee] was not required to comply with section [insert section number], [name of defendant] must prove all of the following: 1. 2. 3. That [name of public employee] was operating an authorized emergency vehicle; That [name of public employee] was responding to an emergency situation at the time of the accident; and That [name of public employee] sounded a siren when reasonably necessary and displayed front red warning lights. If you decide that [name of defendant] proved all of these things, then you cannot find it negligent for a violation of section [insert section number]. However, even if you decide that [name of defendant] proved all of these things, you may find it negligent if [name of public employee] failed to operate [his/her] vehicle with reasonable care, taking into account the emergency situation. ___________________________________________________________________________ New September 2003