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ninjabread wrote:Some people make it more complicated than it needs to be. Take a CPR class and you're immune from 30.06 without counting angels dancing on pinheads.

please elaborate.

Grundy1133 wrote:

ninjabread wrote:Some people make it more complicated than it needs to be. Take a CPR class and you're immune from 30.06 without counting angels dancing on pinheads.

please elaborate.

does that mean if i go to red cross' website and take their "Adult First Aid/CPR/AED Online" that makes you exempt form 30.06 signage?

Grundy1133 wrote:

ninjabread wrote:Some people make it more complicated than it needs to be. Take a CPR class and you're immune from 30.06 without counting angels dancing on pinheads.

please elaborate.

Yes, please.

ninjabread wrote:Some people make it more complicated than it needs to be. Take a CPR class and you're immune from 30.06 without counting angels dancing on pinheads.

Do you believe this to be true? If so, upon what is your opinion based?

Grundy1133 wrote:

Grundy1133 wrote:

ninjabread wrote:Some people make it more complicated than it needs to be. Take a CPR class and you're immune from 30.06 without counting angels dancing on pinheads.

please elaborate.

does that mean if i go to red cross' website and take their "Adult First Aid/CPR/AED Online" that makes you exempt form 30.06 signage?

I have a CPR card and I have never heard that one. Would like to know if that is true though.

I'm guessing he's misapplying the new volunteer first responder law.

jmorris wrote:I'm guessing he's misapplying the new volunteer first responder law.

Quite Likely.

mojo84 wrote:

ninjabread wrote:Some people make it more complicated than it needs to be. Take a CPR class and you're immune from 30.06 without counting angels dancing on pinheads.

Do you believe this to be true? If so, upon what is your opinion based?

My opinion is based on the current version of 30.06 law. Some people disagree with my opinion. That's fine. There are a lot of places where the law can be interpreted different ways. Absent case law, I interpret the literal words of the law to my advantage. Once a court of competent jurisdiction rules, it makes sense to go with the court's interpretation. But until then, it doesn't make sense to interpret a law as being stacked against me when it could be interpreted to my benefit.

ninjabread wrote:

mojo84 wrote:

ninjabread wrote:Some people make it more complicated than it needs to be. Take a CPR class and you're immune from 30.06 without counting angels dancing on pinheads.

Do you believe this to be true? If so, upon what is your opinion based?

My opinion is based on the current version of 30.06 law. Some people disagree with my opinion. That's fine. There are a lot of places where the law can be interpreted different ways. Absent case law, I interpret the literal words of the law to my advantage. Once a court of competent jurisdiction rules, it makes sense to go with the court's interpretation. But until then, it doesn't make sense to interpret a law as being stacked against me when it could be interpreted to my benefit.

I think your interpretation is quite a stretch. Good luck with that and I hope you never have to convince a jury the law should be interpreted the way you want. I doubt many would consider someone with a CPR card an official volunteer emergency first responder.

It's a very liberal interpation of the bolded text.

Section 30.06
(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.

Section 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.

At least wait until someone needs CPR before crossing that line, and in between casting your line.

JakeTheSnake wrote:At least wait until someone needs CPR before crossing that line, and in between casting your line.

That may be your personal opinion, but it's not what the 30.06 law says. I believe that was intentional because the 46.035 exemption only applies when "engaged in providing emergency services.". The 30.06 exemption applies 24x7 and there's no reason, the way the law is written, to assume it applies to members of a VFD organization but not to individuals who are informal volunteers, whether that's working with the Cajun Navy during Harvey or BLS day to day.

"During emergency situations" is the key wording here... if theres no emergency situations going on I'd say you aren't exempt from the signage.

Grundy1133 wrote:"During emergency situations" is the key wording here... if theres no emergency situations going on I'd say you aren't exempt from the signage.

Some day you might consider reading he law.

BBYC wrote:

Grundy1133 wrote:"During emergency situations" is the key wording here... if theres no emergency situations going on I'd say you aren't exempt from the signage.

Some day you might consider reading he law.

some day i may plan to do a lot of things. I can't predict the future.