Is a police vehicle entitled to a qualified privilege to use its lights and sirens?

Vehicle and Traffic Law 1104 provides a qualified privilege to drivers of authorized emergency vehicles when involved in an emergency operation. Such drivers are given broad discretion to disregard certain ordinary rules of normal prudent and responsible driving (Vehicle and Traffic Law 1104[b]; see, Szczerbiak v. Pilat, 90 N.Y.2d 553, 556-557, 664 N.Y.S.2d 252, 686 N.E.2d 1346, supra). Moreover, when engaged

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The rationale for such a distinction between police vehicles and other authorized emergency vehicles is apparent. There are occasions when it is more prudent for police to respond to an emergency without lights and sirens (see, e.g., Szczerbiak v. Pilat, 90 N.Y.2d 553, 664 N.Y.S.2d 252, 686 N.E.2d 1346, supra). Other situations can be envisioned where responding with lights and sirens could put victims in greater danger such as when a robbery is in progress. Drivers of other emergency vehicles are not faced with such difficult discretionary decisions regarding the safety of people since they are generally concerned primarily with arriving as soon as practicable at a particular destination (hospital or scene of a fire) in order to achieve their objective. Thus, for drivers of other emergency vehicles to be entitled to receive the qualified privilege, it is incumbent upon them to use the warning devices in their vehicles so as to put other motorists on notice of their presence and the emergency situation (see, Vehicle and Traffic Law 1144).