Can village constables in a New York village run sirens or red and white flashing lights on the village-owned cars they drive while on duty?

Plain-English summary

The Village of Brocton had created the position of "village constable" by local law. Under state and local law, those constables are peace officers under Criminal Procedure Law § 2.10. The village wanted to know if it could equip the cars driven by these constables with sirens and the red and white flashing emergency lights that police vehicles carry. The village attorney wrote the AG.

The answer was no. Vehicle and Traffic Law § 375 controls vehicle equipment, including emergency warning devices. Section 375(26) bars "gong or siren whistle" on any vehicle except an "authorized emergency vehicle." Section 375(41)(2) restricts red and red/white flashing lights to "authorized emergency vehicles" as well. An authorized emergency vehicle includes a "police vehicle." VTL § 132-a defines a police vehicle as one owned by the state, a public authority, a county, town, city, or village and operated by the "police department or law enforcement agency of such governmental unit" or by "a constable or police constable of a town when acting pursuant to his special duties." That short list is where the village constable runs into trouble.

The AG worked through the two possible hooks. First, the "constable or police constable of a town" hook does not reach village constables. The legislative history of Law 1981, ch. 789, the amendment that added constables to the police-vehicle definition, makes clear the change was meant to apply only to town constables. The 1981 bill memorandum and the sponsor's letter both said "town constable"; AG opinions just before the bill had reached the same conclusion for town constables, and the 1981 amendment was a direct legislative response. Second, the "police department or law enforcement agency" hook does not reach a village constable corps either, because Village Law article 8 (§§ 8-800 and 8-802) provides the exclusive route for organizing village officers into a police department, and Brocton had not done that. The village constables are individual peace officers, not a police force, so their vehicles do not qualify as "police vehicles."

The opinion is not about whether the constables' job is real or important; peace officers can do most of what they need to do without sirens and emergency lights. The opinion is about the narrow statutory definition the Legislature wrote.

Currency note

This opinion was issued in 2005. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

VTL § 132-a has been amended several times since 2005. Any village relying on this opinion should compare the current text of VTL §§ 101, 132-a, and 375 against the 2005 language quoted here, and check whether any later amendment has expanded the definition to include village constables.

Common questions

Q: What is the difference between a "police officer" and a "peace officer" in New York?
A: Criminal Procedure Law § 1.20(34) and § 2.10 distinguish them. Police officers are members of police departments (state troopers, county police, city police, town police, village police) and have full police powers. Peace officers are a broader category that includes village and town constables, court officers, park rangers, certain inspectors, and others; they have specified law enforcement powers tied to their particular duties but are not generally members of or accountable to a police force.

Q: Can town constables use emergency lights and sirens?
A: Yes, after the 1981 amendment. Prior to Law 1981, ch. 789, town constables could not. The Legislature stepped in expressly to authorize "a town to equip a town-owned vehicle with red emergency lights for operation by a town constable when acting pursuant to his special duties." That carve-out is narrow and applies only to town, not village, constables.

Q: Could a village fix this by creating a police department?
A: Yes. Village Law § 8-800 authorizes a village to establish a police department. A village police officer has the powers of a constable in a town and would qualify as part of a "police department" under VTL § 132-a. A village constable corps that is not formally constituted as a police department does not qualify.

Q: Could the village just put amber or other warning lights on the constable cars?
A: VTL § 375 separates colored lights by function. Red and red/white flashing lights are restricted to authorized emergency vehicles. Amber, blue, and green lights have separate rules under other subdivisions. A village can equip vehicles with non-red warning lights only as the statute allows for the specific vehicle category.

Q: What about responding to actual emergencies?
A: A peace officer can respond to events without driving with lights and sirens. The opinion addresses equipment, not authority. A constable can investigate, make arrests within statutory authority, and request police-officer backup. The constable's vehicle just cannot be equipped to run code-three the way a marked patrol car can.

Q: Are the legislative-history materials in the opinion accessible publicly?
A: Bill jackets for New York legislation are maintained by the New York State Library in Albany. The 1981 bill jacket for Chapter 789 contains the legislative memorandum and the sponsor's letter the AG cited. Researchers can request bill jackets through the State Library's reference services.

Background and statutory framework

The statutory layering here is fairly typical for New York. VTL § 375 governs vehicle equipment generally. Subsections 26 (sirens) and 41 (lights) are restrictive: only "authorized emergency vehicles" may carry these devices. VTL § 101 defines "authorized emergency vehicles," and the definition includes "police vehicles." VTL § 132-a then defines what a police vehicle is.

The 2005 version of § 132-a, as quoted by the AG, defined a "police vehicle" as "[e]very vehicle owned by the state, a public authority, a county, town, city or village, and operated by the police department or law enforcement agency of such governmental unit or by a constable or police constable of a town when acting pursuant to his special duties." Two ways to qualify: ownership and operation by an organized "police department or law enforcement agency," or operation by a town constable on special duty.

The legislative history of Law 1981, ch. 789, is critical. Before 1981, the AG's office had concluded twice that town constables could not affix red lights or use sirens (1976 Op. Att'y Gen. (Inf.) 175; Op. Att'y Gen. (Inf.) No. 81-26). The Legislature responded with the 1981 amendment, but the bill memorandum and sponsor's letter are explicit: the purpose was to authorize "a town to equip a town-owned vehicle with red emergency lights for operation by a town constable." Nothing in the legislative history suggests an intent to reach village constables. Reading the statute to include village constables would render the "of a town" qualifier redundant, since town police constables are already a subset of the broader constable category.

The "police department or law enforcement agency" hook is similarly narrow. Village Law § 8-800 supplies the exclusive authority for organizing village police officers into a department. Village Law § 8-802 grants village police officers the powers of constables in towns. Criminal Procedure Law § 2.10 keeps constables in the peace-officer category, distinct from police officers under CPL § 1.20(34). People v. Ellman, 135 Misc. 2d 1010, 1018 (N.Y. City Ct. 1987), describes peace officers as "not members of or accountable to a police force or department." The 1980 AG opinion (1980 Op. Att'y Gen. (Inf.) 248) had reached the same conclusion for town constables on the "law enforcement agency" question, and the AG simply applied the same rule.

Citations and references

Statutes:

• Criminal Procedure Law § 1.20 (definitions)
• Criminal Procedure Law § 1.20(34) (police officer)
• Criminal Procedure Law § 2.10 (peace officers)
• Criminal Procedure Law § 2.10(1) (village constables as peace officers)
• Vehicle and Traffic Law § 101 (authorized emergency vehicle includes police vehicle)
• Vehicle and Traffic Law § 132-a (definition of police vehicle)
• Vehicle and Traffic Law § 375 (vehicle equipment)
• Vehicle and Traffic Law § 375(26) (siren prohibition)
• Vehicle and Traffic Law § 375(41)(2) (red and red/white light restrictions)
• Village Law art. 8 (village police)
• Village Law § 8-800 (authority to establish village police department)
• Village Law § 8-802 (powers of village police officers)
• L. 1981, ch. 789 (1981 amendment to police-vehicle definition)

Cases:

• People v. Ellman, 135 Misc. 2d 1010 (N.Y. City Ct. 1987)

Prior AG opinions:

• Op. Att'y Gen. (Inf.) No. 81-26
• 1976 Op. Att'y Gen. (Inf.) 175
• 1980 Op. Att'y Gen. (Inf.) 248

Source

• Landing page: https://ag.ny.gov/libraries-documents/opinions/opinions-year
• Original PDF: https://ag.ny.gov/sites/default/files/opinions/I_2005-6_pw.pdf

Original opinion text

CRIMINAL PROCEDURE LAW §§ 1.20, 2.10; VEHICLE AND TRAFFIC LAW §§ 101, 132-a, 375; VILLAGE LAW ART. 8, §§ 8-800, 8-802; L. 1981, CH. 789.

Village constables may not operate vehicles with sirens or red and white flashing lights.

February 11, 2005

Michael J. Bolender
Village Attorney
Village of Brocton
42 South Erie Street
P.O. Box 154
Mayville, New York 14757-0154

Informal Opinion
No. 2005-6

Dear Mr. Bolender:

You have requested an opinion regarding whether police constables in the Village of Brocton may use sirens or red and white flashing lights on the vehicles owned by the Village and used by its constables. You have indicated that the Village has created by local law the position of Village Constable, deemed a "peace officer" under state and local law. Criminal Procedure Law § 2.10(1) grants village constables the status of "peace officer," except as inconsistent with local law. For the reasons discussed below, we are of the opinion that village constables may not operate vehicles with sirens or red and white flashing lights.

Vehicle and Traffic Law § 375 regulates the equipment, e.g., brakes, steering mechanisms, windows, included on vehicles. Subsection 26 prohibits the use of a "gong or siren whistle" on any vehicle other than an "authorized emergency vehicle." Vehicle and Traffic Law § 375(26). Similarly, subsection 41 permits the affixation of one or more red or combination red and white lights only on an "authorized emergency vehicle." Id. § 375(41)(2).

An authorized emergency vehicle is defined as including a "police vehicle." Id. § 101. A "police vehicle" is defined, in relevant part, as "[e]very vehicle owned by the state, a public authority, a county, town, city or village, and operated by the police department or law enforcement agency of such governmental unit or by a constable or police constable of a town when acting pursuant to his special duties." Id. § 132-a. We consider below whether a vehicle operated by a village constable could be considered a "police vehicle" either as a vehicle operated by "a constable or police constable of a town" or by the "police department or law enforcement agency" of the village.

With regard to the first question, at issue is whether the phrase "of a town" modifies "police constable" alone, or modifies the phrase "a constable or police constable of a town" in its entirety. Adopting the first interpretation would mean that a vehicle operated by any constable, regardless of the status of the locality he or she serves, would be treated as an authorized emergency vehicle. That construction, however, would render the remainder of the phrase meaningless, since town police constables are included within the broader category of constables. Vehicle and Traffic Law § 132-a. This conclusion is confirmed by the legislative history of this provision, as discussed further below.

As you noted in your letter, we have previously opined that town constables may not affix a red light or use a siren on a motor vehicle. See Op. Att'y Gen. (Inf.) No. 81-26; 1976 Op. Att'y Gen. (Inf.) 175. After we issued the 1981 opinion, an amendment to the provision of the Vehicle and Traffic Law became effective and added vehicles operated by constables to the definition of "police vehicle." See Act of July 27, 1981, ch. 789, 1981 McKinney's N.Y. Laws 1587. In fact, the legislation appears to have been proposed in recognition of our prior opinions on this topic. See Memorandum on Bill before the Governor, at 3, reprinted in Bill Jacket for ch. 789 (1981) ("Under the present law, a town-owned vehicle to be operated by a constable may not have affixed thereto the emergency police lights.") (citing 1976 Op. Att'y Gen. (Inf.) 175). The legislative history to the amendment makes clear that the amendment was intended to include only those vehicles operated by town constables specifically. See, e.g., id. at 1 ("The purpose of this bill is to authorize a town to equip a town-owned vehicle with red emergency lights for operation by a town constable when acting pursuant to his special duties."); see also Letter from Senator Charles D. Cook to John G. McGoldrick, Counsel to the Governor (June 30, 1981), reprinted in Bill Jacket for ch. 789 (1981) ("This bill provides that cars owned by municipalities and operated by town constables may display a red light in pursuit of their duties."). We therefore believe that the Legislature did not intend this language to be read as including within the definition of "police vehicle" vehicles operated by village constables but only those vehicles operated by town constables.

With regard to the second question, we do not believe that vehicles operated by village constables can be considered vehicles "operated by the police department or law enforcement agency of such governmental unit" and thus constitute "police vehicles." Clearly, the village constables do not constitute a "police department." See Village Law §§ 8-800 (authority of village to establish police department), 8-802 (granting village police officers the powers of "constables in towns"); Criminal Procedure Law § 2.10 (village and town constables as "peace officers," as distinct from "police officers," defined in Criminal Procedure Law § 1.20(34)); cf. People v. Ellman, 135 Misc. 2d 1010, 1018 (N.Y. City Ct. 1987) (peace officers are not members of or accountable to a police force or department).

Furthermore, because Article 8 of the Village Law provides the only authority for organizing village law enforcement officers into a unit, that is, a police department, we believe that the village constables do not constitute a "law enforcement agency" within the meaning of Vehicle and Traffic Law § 132-a. See 1980 Op. Att'y Gen. (Inf.) 248 (town constables do not constitute nor are they part of "law enforcement agency" within meaning of Vehicle and Traffic Law § 132-a); see also Op. Att'y Gen. (Inf.) No. 81-26 (no statutory authority to organize town constables into law enforcement agencies or police departments).

For the reasons discussed above, we are of the opinion that vehicles operated by village constables are not "police vehicles," and consequently are not "authorized emergency vehicles" permitted to have affixed to them red and white flashing lights or sirens.

The Attorney General issues formal opinions only to officers and departments of state government. Thus, this is an informal opinion rendered to assist you in advising the municipality you represent.

Very truly yours,

KATHRYN SHEINGOLD
Assistant Solicitor General
In Charge of Opinions