**AURTIN. %-EXAS**  78711
September 14, 1973 Honorable Robert W. Post County Attorney Dewitt County P. 0. Box 110 Cuero, Texas 77954 Dear Mr. Post: Opinion No. H-102 Re: Applicability ofArt.

459013and 6701d, V. T. C.S., toprivate ambulances
You have requested our opinion concerning the regulation of private ambulances under the provisions ofArticles 4590b and 6701d, V. T. C. S. Your first twoquestions are as follows:

1
. “Is the operator ofa private ambulance which answers calls from the police dispatcher to pick upvictims ofwrecks or other emergencies required tohave a permit from the State Board of Health under Art. 4590b?”

2. “Is the operator of a private ambulance which does not answer calls from the police dispatcher to pick upvictims of wrecks, etc., but which does transfer private patients from home tohospital and from one hospital to another, required tohave a permit from the State Board ofHealth under Art. 4590b? ” Article 4590b, Vernon’s Texas Civil Statutes, provides in part that no person shall operate ” . . . any emergency ambulance, public or private, or any other vehicle commonly used for the transportation or conveyance of the sick or injured, without first securing a permit thcrefor from the State Board ofHealth
. . . .”

p. 467The Honorable Robert W. Post, page 2 (H-102)

This statute is applicable to “any emergency ambulance, public or private, ” and thus your first questionmust be answered in the affirmative. The statute also applies to “any other vehicle commonly used for the transportation or conveyance ofthe sick or injured, ”which we believe covers the circumstances described inyour second question. We also believe that the Legislature intended for the phrase “public or private” to apply to such other vehicles. The statute as passed declared an emergency “for the benefit ofpublic safety, ”Acts, 48th Legislature, 1943, p. 633. ch. 360, and we see no distinction between public and private ambulances in serving this purpose. Accordingly, we answer your second question in the affirmative.

**Your** next two questions are as follows:

3. “Is the operator ofaprivate ambulance operated under permit from the State Board of Health in violation ofArt. 6701d if the ambulance does not have the siren and flashing red lights required by’that Article? ” 4. “Is the operator ofa private ambulance operated (either legally or illegally, depending on the answer [to] the first twoquestions above) without a permit from the State Board ofHealth in violation ofArt. 6701d if the ambulance does not have the siren and flashing red lights required by that Article? ” Article 6701d. 52(d), defines “authorized emergency vehicle” to ihclude ” . . . public and private ambulances for which permits have been issued by the State Board ofHealth.
. . .‘I Article 6701d, 5124(a), requires every “authorized emergency vehicle” tobe equipped with siren, whistle, or bell; and S124(b) requires it to be equipped with signal lamps displaying both to front and to rear two alternately flashing red lights, etc.

p. 468The Honorable Robert W. Post, page 3(H-102)

A private ambulance operating under a permit from the State Board ofHealth is plainly an “authorized emergency vehicle” under -4rticLe 670ld $2(d) and is thus subject tothe requirements of each section ofArticle 670ld applicable to authorized emergency vehicles. Accordingly your third question requires an affirmative answer. The operation ofa private ambulance without a permit is inviolation ofArticle 4590b and subjects the operator tothe penalties set forth in 55 of that act. We believe that the Legislature intended the provisions of Article 6701d to apply toall vehicles that are subject to the provisions of Article 459013, whether in compliance with that statute or not, and certainly the Legislature did not intend to exempt owners and operators ofambulances on the basis ofnon-compliance with Article 4590b. This would ascribe to the Legislature an unreasonable intent, inviolation of basic rules of statutory construction. 53 Tex. Jur. 2d, Statutes, 5126. Accordingly, your fourth question is answered in the affirmative. SUMMARY Both Articles 4590b and 670ld, V. T. C.S., are applicable to private ambulances and require that they be licensed by the State Board of Health and carry the required equipment. Very truly yours,

AI&~~OVED: ( &,$R\srY F/ YORK, F/i-s; Assist&t
Opinion’ Committee

p. 469