Emergency responders blocking your driveway

[CaliforniaBear]

In CA, what are your rights with regard to emergency responders blocking your driveway?

Now I understand that, in a real emergency, responders generally have a legal right to block my driveway. However, when the emergency is over, or when the "emergency" is not really an emergency, i.e. they are just chatting with themselves, standing by, does a citizen have any right to insist that they move their vehicle?

For example, firemen paramedic arrive for a medical emergency at your neighbors and block your driveway. some time later they exit the house and start hanging out in front of their car. the emergency is over. How can you force them to move their car if they refuse?
Another example, the sheriff arrives, they arrest a suspect at your neighbor's house and drive away, but a second sheriff car remains there. they are just hanging out, blocking your driveway. What can you do if they refuse to move?
One last example, the sheriff surrounds your neighbor's house. It's an emergency but it has been going on for 2 hours. They refuse to move their car 1 meter to unblock your driveway. Can you legally insist they let you out, or are you stuck at home no matter how long the emergency continues?

 

[xylene]

Is it worth getting in a fight with people who can arrest you for making a nusiance of yourself vs driving on the grass a few feet?

 

[CaliforniaBear]

Is it worth getting in a fight with people who can arrest you for making a nusiance of yourself vs driving on the grass a few feet?

no space to drive on the grass due to trees. otherwise it wouldn't be a problem

 

[xylene]

Get a motorcycle or a scooter

 

[CaliforniaBear]

Get a motorcycle or a scooter

I thought this was a legal forum. mine is a legal question.

 

[PayrollHRGuy]

Has any of this actually happened to you? I've had PD block my driveway when dealing with a neighbor. I asked them to move and they did.

I often have the PD pull over cars in the paring lot where I work. They have never hesitated to move when I asked them.

 

[CaliforniaBear]

yes it actually happened to me, both with firemen paramedic and the sheriff. they always refused. the paramedic, for example, arrived at the same time as the ambulance. the ambulance took care of the patient and the firemen were leaving but taking a long time to do so, just hanging out in from of their car. the street was empty but they parked blocking my driveway. I asked them to just move 1 meter. the guy just told me it was an emergency, then turned around to rummage in his bag, pointedly to show me who was in charge. then 5 minutes later he just drove away.

 

[adjusterjack]

In CA, what are your rights with regard to emergency responders blocking your driveway?

You have a right to go up and say "Hey, guys, I have to leave. Could you please move over a bit so I can exit my driveway?"

they parked blocking my driveway. I asked them to just move 1 meter. the guy just told me it was an emergency, then turned around to rummage in his bag, pointedly to show me who was in charge. then 5 minutes later he just drove away.

If you didn't actually have to leave your driveway at that moment, then all you were doing was being annoying and the guy was right to show you who was in charge.

Next time have a little patience. They aren't doing anything wrong to you (other than your perception) and certainly not breaking any laws because there are exception for emergency and law enforcement vehicles.

 

[Zigner]

yes it actually happened to me, both with firemen paramedic and the sheriff. they always refused. the paramedic, for example, arrived at the same time as the ambulance. the ambulance took care of the patient and the firemen were leaving but taking a long time to do so, just hanging out in from of their car. the street was empty but they parked blocking my driveway. I asked them to just move 1 meter. the guy just told me it was an emergency, then turned around to rummage in his bag, pointedly to show me who was in charge. then 5 minutes later he just drove away.

In other words, you asked and he complied in short order.

 

[xylene]

I thought this was a legal forum. mine is a legal question.

I'm highlighting the costs in somehow 'litigating' a brief delay which inccurs at at most a tiny damage amount which you'd not be able to recover anyways or making a scene and gettign arrested VS

Coming up with some workaround.
A nice new motorcycle would cost you less.

 

[CaliforniaBear]

yes thank you all for your advice. I do have a motorcycle and I do try to have patience. however it has happened more than once and the last time another resident of the house, who is a medical practitioner and needed to leave to go to work, couldn't. this person left on foot and tried to find some other way to get to the hospital.

that time we both asked the sheriff deputy multiple times to move, explained why, but they wouldn't, even after the suspect was arrested and driven away. they were literally standing there chatting idly, the emergency was over, but the "tactical situation" did not permit it.

after the other person left, I was about to drive away in my bike, I lost my patience and called them all the bunch of idiots that they were behaving like. then, magically, the tactical situation changed from what it was 30 seconds earlier, and they finally moved the car 1 meter. it wasn't even needed anymore.

I was only wondering whether there's anything in the law that deals with that type of situation, but it seems none of you knows it. which is fine. there probably isn't. we are not going to sue for the cost of a taxi as it's not worth it, but it'd be useful if there had been anything in the code to be able to argue in the moment. but I guess there isn't, and it just falls into the (sometimes excessive) latitude given to emergency responders.

 

[Zigner]

yes thank you all for your advice. I do have a motorcycle and I do try to have patience. however it has happened more than once and the last time another resident of the house, who is a medical practitioner and needed to leave to go to work, couldn't. this person left on foot and tried to find some other way to get to the hospital.

that time we both asked the sheriff deputy multiple times to move, explained why, but they wouldn't, even after the suspect was arrested and driven away. they were literally standing there chatting idly, the emergency was over, but the "tactical situation" did not permit it.

after the other person left, I was about to drive away in my bike, I lost my patience and called them all the bunch of idiots that they were behaving like. then, magically, the tactical situation changed from what it was 30 seconds earlier, and they finally moved the car 1 meter. it wasn't even needed anymore.

I was only wondering whether there's anything in the law that deals with that type of situation, but it seems none of you knows it. which is fine. there probably isn't. we are not going to sue for the cost of a taxi as it's not worth it, but it'd be useful if there had been anything in the code to be able to argue in the moment. but I guess there isn't, and it just falls into the (sometimes excessive) latitude given to emergency responders.

Actually, we do know it. You have no legal avenue. You can complain to the agency(ies) involved if you like.

 

[CaliforniaBear]

Actually, we do know it. You have no legal avenue. You can complain to the agency(ies) involved if you like.

thank you, that's useful to know, so if it keeps happening I know to phrase it as a courtesy request to the local station, for the responders to pay attention where they park when and if the emergency call permits it.

 

[PayrollHRGuy]

No, if it happens again you make note of the officer's/firefighter's name and badge number and report it to the agency. Make sure you also make note of the exact time you made the request.

 

[CaliforniaBear]

No, if it happens again you make note of the officer's/firefighter's name and badge number and report it to the agency. Make sure you also make note of the exact time you made the request.

great idea. hadn't thought of that. thanks