Amendment to 10NYCRR Part 800.26 Emergency Ambulance Service Vehicles

Bureau of EMS Policy Statement
Policy Statement #05-02
SubjectRe: Amendment to 10NYCRR Part 800.26 Emergency Ambulance Service Vehicles

10NYCRR Part 800.26 — Emergency Ambulance Service Vehicles

In November of 2004, amendments to the Part 800.26, which address Emergency Ambulance Service Vehicles (EASV) went into effect. The proposed amendments are intended to allow local EMS systems and agencies an increased flexibility in determining the best and most appropriate configuration for assigning vehicles to emergency response in order to meet system, local EMS personnel, deployment and patient needs.

The new sections of the regulation are as follows:

The governing authority of any ambulance service, which, as a part of its response system, utilizes emergency ambulance service vehicles, other than an ambulance to bring personnel and equipment to the scene, must have policies in effect for equipment, staffing, individual authorization, dispatch and response criteria and appropriate insurance.

(a) A waiver of the equipment for emergency ambulance service vehicles may be considered when the service provides an acceptable plan to the Department demonstrating how appropriate staff, equipment and vehicles will respond to a call for emergency medical assistance. The Regional EMS Councils will be solicited for comment.…


The purpose of an EASV, which remains unchanged by this amendment and policy, is to deliver personnel and/or equipment to the scene of a medical emergency. Ambulance services must still address and document how this purpose is met whenever an EASV equipment waiver is requested.

Part 800.26(b) is the list of equipment required for all EASVs. This list represents the minimum amount of equipment and suppliesnecessary for an EMS provider to respond to a scene to care for a sick or injured patient. The amendment to the regulation specifically allows for an ambulance service to request that the Department of Health, Bureau of EMS (BEMS), in consultation with the Regional EMS Council (REMSCO), waive some, or all of the equipment requirements listed in Part 800.26(b). In order for a waiver to be considered, the following criteria must be met.

  • A request for an equipment waiver must be made in writing to BEMS.
  • The letter must be on the EMS agency's official letterhead.
  • The letter must detail what specific equipment and/or supplies are to be waived .
  • The letter must include the reason the waiver is being requested.
  • The letter must include the agency's EASV policies and procedures addressing equipment, staffing, individual authorizations, dispatch, response criteria and appropriate insurance.
  • The letter must be signed by the agency's chief executive officer (CEO), or the head of the governing body (i.e. Chairman of the board of commissioners, president or mayor)
  • The ambulance service must submit a complete and executed Affirmation of Compliance (DOH-1881) identifying each EASV.
  • A copy must be provided to the REMSCO(s).

The complete regulation, including the equipment list is available on the Department's web site at

Important Notes

In addition to the Part 800 requirements, the operation of any EASV must be in compliance with all applicable New York State Vehicle and Traffic Laws. Additionally, when equipped with red lights and siren, the EASV must be insured with the appropriate coverage as an emergency vehicle. No waivers for appropriate policies and procedures or vehicle insurance will be granted.

This policy statement DOES NOT SUPERCEDE DOH EMS Policy Statement 01-01. Policy Statement 01-01 is intended to clarify the requirements and procedures for authorization of Emergency Ambulance Service Vehicles (EASV).

Authorization as an EASV involves more than just the use of red lights and a siren on a vehicle. It is expected that every EASV be in compliance with all of the provisions of 10 NYCRR Part 800.21 & .26. This includes proper agency identification; vehicle marking and patient care equipment. All vehicles authorized by the service as EASVs may be subject to inspection. In the event violations to the code are found, the violations will be charged against the service authorizing the vehicle.

Issued and Authorized by:
Edward Wronski, Director