Did South Carolina's emergency-scene traffic rule apply to a routine police traffic stop?

Plain-English summary

An Abbeville County magistrate asked whether South Carolina's emergency-scene management statute applied to a traffic stop with law-enforcement vehicles but no emergency crew or emergency scene. The AG concluded that a simple stop for a traffic infraction did not fall within that statute's prohibitions.

The opinion read the statutory definition of an emergency scene as involving a potential need for emergency medical care and the presence of emergency vehicles, equipment, or personnel. It also noted that the offense concerned endangering emergency services personnel responding to an emergency incident. Those features did not describe the routine stop in the question.

Currency note

This opinion was issued in 2007. 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 the AG treat every stopped police car as an emergency scene? A: No. It said the simple traffic stop described did not meet the emergency-scene concept used in the statute.

Q: What made an emergency scene under the provision discussed? A: The opinion quoted a definition involving potential emergency medical care and identification by emergency vehicles with flashing lights, rescue equipment, or personnel.

Q: Did the opinion decide the rules for all roadside emergency vehicles? A: No. Its answer addressed the described routine traffic stop with only law-enforcement vehicles and no emergency scene.

Background and statutory framework

The opinion parsed the statute's emergency-scene definition, driver duties, and offense involving emergency services personnel. It applied those terms to the magistrate's narrow traffic-stop question.

Citations and references

The opinion discussed S.C. Code Ann. § 56-5-1538.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/october-9-2007-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/ferguson-g-t-10-09-07-os-8465-emergency-scene-management-traffic-stop.pdf

Original opinion text

October 9, 2007

The Honorable G. T. Ferguson
Magistrate, Abbeville County
P. O. Box 1156
Abbeville, South Carolina 29620
Dear Magistrate Ferguson:
In a letter to this office you referenced the provisions of S.C. Code Ann. § 56-5-1538 which provide for emergency scene management. You questioned whether such provisions apply to a traffic stop with only law enforcement vehicles present and no emergency crews or vehicles present. Section 56-5-1538(A) defines an “emergency scene” as “...a location designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing lights, rescue equipment, or emergency personnel on the scene.” Subsection (B) states that “[a]n emergency scene is a special hazard.” Subsection (C) states that “[a]ll motor vehicles passing through an emergency scene and pedestrians observing an emergency scene must obey and not interfere with the duties of emergency personnel.” Subsections (F) and (G) state that
[t]he driver of a vehicle shall ensure that the vehicle is kept under control when approaching or passing an emergency scene or authorized emergency vehicle stopped on or near the right-of-way of a street or highway with emergency lights flashing. The exercise of control required for a driver to comply with this section is that control possible and necessary by the driver to prevent a collision, to prevent injury to persons or property, and to avoid interference with the performance of emergency duties by emergency personnel. A person driving a vehicle approaching a stationary authorized emergency vehicle that is giving a signal by displaying alternately flashing red, red and white, blue, or red and blue lights, or amber or yellow warning lights shall proceed with due caution, significantly reduce the speed of the vehicle, and (1) yield the right-of-way by making a lane change into a lane not adjacent to that of the authorized emergency vehicle, if possible with

The Honorable G. T. Ferguson
Page 2
October 9, 2007
due regard to the safety and traffic conditions, if on a highway having at least four lanes with not less than two lanes proceeding in the same direction as the approaching vehicle; or (2) maintain a safe speed for road conditions, if changing lanes is impossible or unsafe. Subsection (H) provides that an individual violating such provisions is “guilty of the misdemeanor of endangering emergency services personnel”. The term “emergency services personnel” is defined by subsection (I)(2) as “...fire, police, or emergency medical services personnel (EMS) responding to an emergency incident.” (emphasis added). In the opinion of this office, Section 56-5-1538 would not be applicable to a traffic stop involving only law enforcement vehicles where there is no “emergency scene” which, as set forth above by subsection (A), is defined as “a location designated by the potential need to provide emergency medical care and is identified by emergency vehicles with flashing lights, rescue equipment, or emergency personnel on the scene.” As separately stated by subsection (B), an emergency scene is “a special hazard” which, in the opinion of this office, includes some type of medical care being provided. Subsection (H) provides a criminal violation for “endangering emergency services personnel”. The term “emergency services personnel” is defined as personnel “responding to an emergency incident.” In the opinion of this office, a simple traffic stop for a traffic infraction would not be included in the prohibitions to Section 56-5-1538. If there are any questions, please advise. Sincerely, Henry McMaster Attorney General

By:

REVIEWED AND APPROVED BY:

______
Robert D. Cook
Assistant Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General