A motor vehicle may be equipped with blue lights if it is: (1) Authorized by the Department of Transportation; (2) A tow truck or wrecker as defined in § 32-17-10 ; or (3) Operated by: (a) A member of a fire department or search and rescue unit; or (b) An ambulance operator certified in accordance with chapter 36-4B . This provision does not relieve the driver of the vehicle from the duty to drive with due regard for the safety of all persons using the street, nor does it protect the driver from the consequence of a reckless disregard for the safety of others. No person may use a blue light unless the person is authorized by this chapter and is operating a Department of Transportation vehicle or a county highway vehicle in performance of winter highway maintenance duties, or the person is actually en route to the scene of a fire or other emergency requiring the person's services and the person has been authorized in writing to use a blue light. Authorization for use of a blue light in accordance with this chapter may be given by the Department of Transportation, the highway patrol, a county highway superintendent, the chief of a fire department, the coordinator of a search and rescue unit, or the director of an ambulance service, and only to members of the department or service who are in good standing. The use of a blue light in violation of this section is a Class 2 misdemeanor.
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