Could a South Carolina fire district put flashing blue lights on its fire vehicles?

Plain-English summary

Cherokee Springs Fire District asked whether its fire units could carry blue lights. In a June 2002 informal opinion, the AG answered no. The letter described fire department vehicles as authorized emergency vehicles and said the statute required flashing red lights on them. It distinguished police vehicles, which the statute allowed to use red or blue lights.

The opinion quoted a restriction on possessing flashing, oscillating, or rotating blue lights on vehicles other than those used primarily for law enforcement. The AG applied that restriction to the district's fire units.

Currency note

This opinion was issued in 2002. 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.

Common questions

Q: Did emergency vehicle status alone let a fire truck display blue lights? A: No. The AG distinguished a fire vehicle's emergency status from the statutory rule reserving blue lights for primarily law-enforcement vehicles.

Q: What lights did the opinion say fire department vehicles had to carry? A: It cited the then-current rule requiring flashing red lights for authorized emergency vehicles.

Q: Did the opinion decide whether a police vehicle could use blue lights? A: The letter said the cited statute allowed police vehicles to use red or blue flashing lights.

Background and statutory framework

The opinion cited §56-5-170 for the emergency vehicle classification, Section 56-5-4700(b) for red lights, and Section 56-5-4700(c) for police vehicle lights and the blue-light restriction. It also relied on an earlier AG opinion applying the primarily law-enforcement test.

Citations and references

• §56-5-170: fire vehicles as authorized emergency vehicles.
• Section 56-5-4700(b): flashing red lights.
• Section 56-5-4700(c): police lights and the blue-light restriction.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-12-2002/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/04/02june-12-murray.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES M . CONDON
ATTORNEY GENERAL

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June 12, 2002

Patrick S. Murray, Fire Chief
Cherokee Springs Fire District
201 Flatwood Drive
Chesnee, South Carolina 29323

Re:

Blue Lights on Fire Department Vehicles

Dear Chief Murray:
You have asked for this Office to provide an opinion on the following question: "can [the Cherokee Springs Fire District] put blue lights on our fire units?"

I

A fire department vehicle is considered an "authorized emergency vehicle" pursuant to S.C. Code Ann. §56-5-170. Section 56-5-4700(b) requires that such vehicles be equipped with flashing red lights. Police vehicles are also considered emergency vehicles. Section 56-5-4700(c) provides that police vehicles may be equipped with red or blue flashing lights. That section also provides that "it shall be unlawful for any person to possess any flashing, oscillating or rotating blue light on any vehicle except one used primarily for law enforcement purposes." In a previous opinion, this Office opined that if a "vehicle is not used primarily for law enforcement purposes ... it would be unlawful for it to utilize a rotating blue light." See OP. A TTY. GEN. Dated April 1, 1980. Accordingly, it is my opinion that the fire units for the Cherokee Springs Fire District may not utilize blue lights. This letter is an informal opinion only. It has been written by a designated Assistant Attorney General and represents the position of the undersigned attorney as to the specific question asked. It has not, however, been personally scrutinized by the Attorney General and not officially published in the manner of a formal opinion.

David K. Avant
Assistant Attorney General
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P OST OFFICE Box 11549

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COLUMBIA, S.C. 29211-1549

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