As written it is a fairly sweeping exemption. I performed services for the benefit of the general public during a recent emergency situation (Hurricane Harvey), and am willing and able to do so for any future emergency situations. All of this is on a volunteer basis. So I should easily qualify.Keith B wrote:Nope.Pritchical wrote:I like this idea, for many reasons. But doesn't the law say that the volunteer has to be 'on duty' to carry past the sign?ninjabread wrote:Take a first aid class and then ignore the 30.06 signs.
30.05 requires you to be performing the duties.TPC 30.06/30.07
(f) It is a defense to prosecution under this section that the license holder is volunteer emergency services personnel, as defined by Section 46.01.
and
If you are a ham radio operator and member of ARES or RACES, SKYWARN spotter, etc, you would also qualify.46.01: (18) “Volunteer emergency services personnel” includes a volunteer firefighter;
an emergency medical services volunteer as defined by Section 773.003, Health
and Safety Code; and any individual who, as a volunteer, provides services for
the benefit of the general public during emergency situations. The term does
not include a peace officer or reserve law enforcement officer, as those terms
are defined by Section 1701.001, Occupations Code, who is performing law
enforcement duties.
That said, in court, I would expect that we might litigate around the exact definition of the words "services", "general public", and to a lesser degree "emergency situations". If necessary, I could provide witnesses who would testify to my long history of performing such services during winter power outages when I lived in colder climates as well as the aforementioned recent services during Harvey. It all depends on how far a DA is willing to go to prove beyond a reasonable doubt that I do not meet the exception so they can collect their $200 fine.
