Working To Avoid Cruiser-Car Accidents

State Sen. Linda "Toddy" Puller, who wants to prevent a repeat of an auto collision and fatal accident that took place in her district February 2008, has introduced legislation to require all police and emergency vehicle operators in the Commonwealth to turn on emergency equipment and slow down when running a red light.
This tragedy that killed Ashley McIntosh has focused the attention of those who believe the State law is flawed and needs to be changed to protect those driving lawfully through heavily used intersections from police and other emergency vehicle drivers who, because of the discretionary language in the Virginia law, may endanger innocent people. Police, sheriff, and other public safety associations view the proposed change as an unnecessary infringement on their ability to perform their duties.
Puller, whose legislative district includes the accident site, said, "I am carrying this bill because I want to prevent unnecessary tragic auto accidents in the future such as the one which killed Ashley McIntosh." Her bill would change the Virginia law to require police and other emergency vehicle drivers to use their emergency equipment — flashing lights, siren, exhaust whistle, or other device designed to give automatically intermittent warning signals — and slow down, when on an emergency call and traveling through a red traffic light.
In the January 2009 legislative session, Puller introduced a bill, SB 847, "Emergency Vehicles Proceeding Past Red Lights," to do this. It was assigned to the Senate Transportation Committee which voted not to report it to the full Senate for a vote. Undeterred, Puller then sent a letter to the State Crime Commission requesting its review and comment on her proposed changes to the Virginia law governing police and other emergency vehicle operator driving requirements. The commission, an advisory body of 13 members appointed by the governor and the state legislature, held a public meeting in May 2009 to hear testimony and discuss Puller’s bill. On Dec. 15 the commission will again meet to assess testimony and forward its views to the respective Courts of Justice Committees in the House and Senate.
Mark Hubbard, a registered lobbyist with McGuireWoods, Consulting, which is providing pro bono assistance to Puller on this matter, said, "We believe the Puller bill should be enacted. … With the congested traffic situation in urban areas of the Commonwealth changes in the emergency procedures language in Virginia law are needed to protect the public from unnecessary accidents such as that which resulted in the fatal accident in Northern Virginia. … We are hopeful that the commission will support the Puller legislation."
Del. David Albo (R-42), chairman, House Courts of Justice Committee, and former co-chair of the State Crime Commission, said, "Senator Puller clearly believes that there is a flaw in the current Virginia law governing emergency operating procedures for police and other emergency vehicle drivers. ... I look forward to assessing Senator Puller’s bill, the State Crime Commission’s comments, as well as the views of public safety organizations and others when the bill comes before the Courts of Justice Committee."
The president of the 900-member Fairfax Coalition of Police, Marshall Thielen does not support the Puller legislation: "The changes proposed would place an unnecessary burden on public safety personnel. … Police must be free to make split second decisions and not be restricted by a requirement that may not fit the emergency."
Thielen pointed out that in addition to the Fairfax County Police Coalition, the State Association of Chiefs of Police, the State Association of Sheriffs, and the Virginia State Police Association oppose Puller’s bill.

ACCORDING TO Cindy McIntosh-Colasanto, mother of the victim, 26 other states require the use of emergency equipment at all times when traveling through a red light. This past spring she testified before the State Crime Commission, urging that they support the bill. At that time she said: "Ashley had just left a polling place after doing her civic duty and voting in the Presidential Primary Election, but the laws of Virginia let her down. … More than half the states in the U.S. require police officers to use both lights and a siren and to slow down when driving through red lights. This includes Maryland, North Carolina, Pennsylvania, New York, and California. I hope you commissioners will agree that it is time the Commonwealth of Virginia does the same. ... It is too late for Ashley. But it is not too late to protect other daughters, and everyone in Virginia. … Thousands of petition signers also agree with me."
McIntosh-Colasanto has been able to obtain the support of over 3,000 petition signers.
Tappy Phillips, one of the supporters of a change in the Virginia law, said: "It is a very simple issue: when my family enters an intersection in Virginia with a green light, I expect them to make it to the other side alive, not be crushed by a speeding police car."
When asked her views about the prospects for passage of the bill next year, McIntosh-Colasanto said: "I am cautiously optimistic; the members are discussing it, and they are now aware that half the states in the U.S. have language similar to Senator Puller’s. For the next several months I will be working to generate letters from the public to write to the State Crime Commission and to Virginia legislators across the Commonwealth to support this legislation that would indeed save lives."
In addition, she plans on returning to the State Crime Commission for their regular meeting on Dec. 15 to again testify, answer questions, and personally urge members to back the change in Virginia law.


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