MorganHillTimes.com | Red Phone: Do police have to obey traffic laws?

Red Phone: Do police have to obey traffic laws?

Sep 17, 2009
By Morgan Hill Staff

"My daughter recently got her drivers permit. We were driving down Butterfield (Boulevard) and she saw a police officer talking on a cell phone. Then the officer didn't make a complete stop a red light. She asked me why don't police officers obey the rules. My answer was, good question. Can you help me answer this question for my new driver."

Red Phone: Dear Above the Law, Red Phone has answered the first part of your question before. Morgan Hill traffic officer Max Cervantez said police are exempt from cell phone laws.

"People in California are allowed to have (police) scanners and listen to the police on the radio," Cervantez said. "But there are times an officer may have to relay sensitive information and that's more securely done over a cell phone. However, they are discouraged from casual conversations while they're driving."

Now, as far as police violating basic traffic laws, Red Phone contacted Police Chief Bruce Cumming, who said most if not all motor vehicle laws must be observed by police officers.

"By the very nature of their work however, there are times when officers must drive quickly," Cumming said. "It is those times when police officers are lawfully allowed to waive the rules of the road, but they must still drive prudently and must use their vehicle's emergency equipment if they are required to drive over the speed limit or not stop for stop signs or red lights."

Hope that answers your daughter's questions, good caller. If the officer you observed was not responding to a call, he or she should have made a complete stop.

Can I get shock absorber insurance?

"What is going on with the pavement on Monterey beginning at the CDF fire station all the way to the corner of Vineyard? The patching on that segment feels like it was done in the dark. I'm really asking more than I should of my car's shock absorbers. Can you get shock absorber insurance? I'm going to need it."

Red Phone: Dear Needs New Shocks, you may need to look into that insurance. Red Phone contacted Glenn Ritter, senior project manager with the city. He said a new sewer line along Monterey Road was completed in November 2007. Shortly thereafter, isolated pavement settlement areas were observed along the trench, south of Tennant Avenue to California Avenue. The unusual size and depth of this trench, along with the fluctuating groundwater levels, has caused the unique problem, he said.

"The trench backfill has not yet stabilized as a result of fluctuating groundwater levels and temporary repairs are being made as needed," he said. "We expect to complete another round of those repairs in the next month. These repairs will remain temporary until such time as we believe the backfill has stabilized. At that time, a more permanent solution will be implemented."

Morgan Hill Staff
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