Law Regulating Ambulances on the Road
Have you ever seen how an ambulance speeds down the highway? Starting from often getting priority to being escorted by several officers who clear the way, it has become a common sight.
There is no need to be surprised about this, as there is already a law that regulates ambulances on the road. As drivers and road users, you must understand and be aware of your obligations when there is an ambulance or hearse passing by.
The law in question is stated in Law Number 22 of 2009, article 135 concerning Traffic and Road Transportation, which reads:
1. Vehicles that have the primary right as referred to in Article 134 must be escorted by officers of the Indonesian National Police and/or use red or blue lights and sirens.
2. Officers of the Indonesian National Police provide security if they are aware of road users as referred to in paragraph (1).
3. Traffic Signal Devices and Traffic Signs do not apply to vehicles that have the primary right as referred to in Article 134.
This means that signals and traffic signs do not apply to vehicles that have the primary right. For example, ambulances may have priority not to stop at red lights like other road users until they are allowed to go against the flow if necessary.
In addition to understanding traffic regulations, road users are expected to have awareness of behavior and respect for other road users.
Thus, vehicle users must move aside for a moment when an ambulance passes. It is important to remember that this is not due to fear of the law but an awareness that there is a human life being saved inside the ambulance.
Other vehicles that also have priority on the road
According to Law Number 22 of 2009 concerning Traffic and Road Transportation, article 134 states that road users who have the primary right to be prioritized are categorized as follows.
- Firefighting vehicles that are performing their duties.
- Ambulances transporting sick people.
- Vehicles providing assistance in Traffic Accidents.
- Vehicles of leaders of State Institutions of the Republic of Indonesia.
- Vehicles of leaders and officials of foreign countries and international organizations that are state guests.
- Funeral processions; and
- Convoys and/or vehicles for specific purposes as deemed necessary by the officers of the Indonesian National Police.
Accidents involving ambulances, what is the law?
It is clear what vehicles other than ambulances have priority on the road, right? Now it is time to discuss an incident that often occurs in society.
For example, there is an accident involving that priority vehicle, such as an ambulance vs. another road user resulting in casualties. Can the ambulance driver be penalized?
To answer this, Law Number 22 of 2009 concerning Traffic and Road Transportation has already discussed the status of ambulances as priority vehicles. However, there is one condition that must be met by the ambulance driver, which is that they are transporting sick people.
Next, let's delve deeper into the case of the accident that occurred. According to Article 1 number 24 of the Traffic Law, a traffic accident is an unexpected and unintentional event on the road involving vehicles with or without other road users that results in human casualties and/or property damage.
Furthermore, in Article 229 paragraph (1) of the Traffic Law, it is regulated that traffic accidents are classified into three types, namely light, moderate, and severe traffic accidents.
All of these traffic accidents can be caused by the negligence of road users, unfitness of vehicles, and unfitness of roads or environments.
If there is an incident where an ambulance hits another vehicle causing damage to the vehicle and/or injuries, then the incident can be categorized as a traffic accident.
Driver Responsibility
Furthermore, every motor vehicle driver who, due to their negligence, causes loss to others can be held civilly liable to provide compensation. This is in accordance with Article 234 paragraph (1) of the Traffic Law which states:
"Drivers, owners of motor vehicles, and/or Public Transport Companies are responsible for losses suffered by passengers and/or owners of goods and/or third parties due to the negligence of the driver."
However, this does not apply in cases of:
- Force majeure circumstances that cannot be avoided or are beyond the driver's control.
- Caused by the behavior of the victim themselves or third parties.
- Caused by the movement of people and/or animals even if preventive measures have been taken.
This means that the party causing the traffic accident is obliged to compensate for the losses, the amount of which is determined based on a court decision.
Therefore, based on the Traffic Law, every driver, including ambulance drivers, can be held accountable both criminally and civilly if proven that their negligence caused losses to others, or intentionally drove a motor vehicle in a manner or condition that endangered lives or property.
However, it is important to remember that this requires further proof, such as evidence from witnesses and the losses incurred. It should also be ensured that other drivers (accident victims) did not neglect their legal obligations to give priority rights to the ambulance (which is also assumed to be transporting sick people) to be prioritized.
Thus is the review of the law regulating ambulances on the road. Hope it is useful, my friend!
Author: Dinno Baskoro
