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   CALIFORNIA VEHICLE CODE    

   :: SECTION 17000-17004.7

 

17000.  As used in this chapter:
   (a) "Employee" includes an officer, employee, or servant, whether
or not compensated, but does not include an independent contractor.
   (b) "Employment" includes office or employment.
   (c) "Public entity" includes the state, the Regents of the
University of California, a county, city, district, public authority,
public agency, and any other political subdivision or public
corporation in the state.



17001.  A public entity is liable for death or injury to person or
property proximately caused by a negligent or wrongful act or
omission in the operation of any motor vehicle by an employee of the
public entity acting within the scope of his employment.




17002.  Subject to Article 4 (commencing with Section 825) of
Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government
Code, a public entity is liable for death or injury to person or
property to the same extent as a private person under the provisions
of Article 2 (commencing with Section 17150) of this chapter.




17004.  A public employee is not liable for civil damages on account
of personal injury to or death of any person or damage to property
resulting from the operation, in the line of duty, of an authorized
emergency vehicle while responding to an emergency call or when in
the immediate pursuit of an actual or suspected violator of the law,
or when responding to but not upon returning from a fire alarm or
other emergency call.



17004.5.  Any private firm or corporation, or employee thereof,
which maintains a fire department and has entered into a mutual aid
agreement pursuant to Section 13855, 14095, or 14455.5 of the Health
and Safety Code shall have the same immunity from liability for civil
damages on account of personal injury to or death of any person or
damage to property resulting from the operation of an authorized
emergency vehicle while responding to, but not upon returning from, a
fire alarm or other emergency call as is provided by law for the
district and its employees with which the firm or corporation has
entered into a mutual aid agreement, except when the act or omission
causing the personal injury to or death of any person or damage to
property occurs on property under the control of such firm or
corporation.



17004.7.  (a) The immunity provided by this section is in addition
to any other immunity provided by law.  The adoption of a policy by a
public agency pursuant to this section is discretionary.
   (b) A public agency employing peace officers which adopts a
written policy on vehicular pursuits complying with subdivision (c)
is immune from liability for civil damages for personal injury to or
death of any person or damage to property resulting from the
collision of a vehicle being operated by an actual or suspected
violator of the law who is being, has been, or believes he or she is
being or has been, pursued by a peace officer employed by the public
entity in a motor vehicle.
   (c) If the public entity has adopted a policy for the safe conduct
of vehicular pursuits by peace officers, it shall meet all of the
following minimum standards:
   (1) It provides that, if available, there be supervisory control
of the pursuit.
   (2) It provides procedures for designating the primary pursuit
vehicle and for determining the total number of vehicles to be
permitted to participate at one time in the pursuit.
   (3) It provides procedures for coordinating operations with other
jurisdictions.
   (4) It provides guidelines for determining when the interests of
public safety and effective law enforcement justify a vehicular
pursuit and when a vehicular pursuit should not be initiated or
should be terminated.
   (d) A determination of whether a policy adopted pursuant to
subdivision (c) complies with that subdivision is a question of law
for the court.





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