The Henderson City Council voted unanimously during Monday night’s meeting to eliminate a cap on the speed of emergency vehicles in the city.
Henderson City Code 7-6 previously limited emergency vehicles to ten miles per hour over the speed limit.
Henderson Police Chief Keith Sidwell noted to council members that if the criminal element were smart enough to read city code, they could drive at twelve miles per hour and be “good to go”.
Sidwell told members that in the new version of the ordinance, speeds would be governed by what is “reasonable, prudent, and with due regard for safety”.
The chief said that lights and sirens would be used when prudent. He noted that they would not be used when they would unduly alert a criminal to the approach of the police.
Sidwell emphasized that the police department has a policy regarding pursuits, and that pursuits are regulated by supervisors in the field.
“Pursuits can be terminated by a variety of hazards,” Sidwell said.
An example of such a hazard is the presence of children in the target vehicle.
City Attorney Billy Strickland told members that the ten mile per hour cap exposes the city to “huge liability”. He said that traveling over the limit demonstrates prima fascia negligence, and that all a potential plaintiff has to do is prove damages.
Strickland also said that there would be a standard operating procedure within the department that would define acceptable speeds.