Uniformed Firefighters Association of Greater New York

The Department has unilaterally instituted a so-called "Pilot Program" at four Companies by installing video cameras in the rigs of these units. Moreover, we are advised that in one or more of the units, the camera will also record audio. We understand that the system is designed to preserve 20 seconds of tape per incident.

The Fire Department has not bargained with the UFA over this "Pilot Program" and our attorneys are currently demanding that said bargaining take place. We also have noted that the Department failed to give the union the requisite notice prior to implementation of a new Department policy. Nevertheless, while this Program continues, we caution all chauffeurs of the affected Companies as follows:

We are certain that the video recordings will be reviewed by the Department regularly - and certainly after any accident; and
We are certain that the Department will refer violations of regulations to BITS for "appropriate" disciplinary action.

Accordingly, please be reminded that although the New York State Vehicle and Traffic Law and Department Regulations permit Fire Department apparatus responding with lights and sirens to enjoy certain driving privileges, *these and other applicable provisions are also subject to the general rule that they do not "relieve the driver from the duty to drive with due regard for the safety of all persons, nor shall they protect the driver from the consequences of reckless disregard for the safety of others."

We also note Section 11.1.13 of the Department Regulations that states: “Responses to alarms shall be made with all proper speed consistent with safety. Officers shall not converse with the chauffeurs, except when necessary to regulate the speed of apparatus, determine route to be taken, or to relay information received by radio.”
And Section 11.1.14, which states: “Officers shall hold chauffeurs responsible for the operation of the apparatus while responding to, operating at, or returning from alarms, and on all other occasions when the apparatus is taken from quarters. They shall likewise hold the tiller men responsible for the proper handling of the tiller wheel.”

Given our concern for public safety and the safety of our members, as well as our concern that members not face personal liability for job related accidents, we recommend that all chauffeurs of all companies, even when responding to an emergency, disregard applicable traffic regulations only when directed to do so by their officer.