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NY judge orders all 10-year-old apparatus out of fleet

FDNY officials say the judge is not qualified to determine the functionality of the department’s rigs

NEW YORK — A Manhattan Supreme Court justice ruled the FDNY can no longer use fire trucks that are more than 10 years old — even for non-fire emergencies.

NY Post reported that Justice Kathryn Freed is banning the use of older vehicles by declaring that “responding to any emergency with faulty equipment is decidedly a more dangerous proposition.”

FDNY officials are up in arms over the decision, saying the judge is not qualified to determine the functionality of the department’s rigs, according to the report.

The city asked the court to toss the case because it’s in the process of ordering new rigs, and blamed the delays on the manufacturer and bureaucratic red tape.

“While the city respects the court process, it was surprised that the judge offered a personal view on fire safety without additional statistical research,” city officials said.

Uniformed Fire Officers Association head Alexander Hagan said New Yorkers should expect delays on non-fire emergencies, but he plans to meet with FDNY Commissioner Sal Cassano on Monday to discuss the shortage.

The association, which represents 2,500 high-ranking members, sued the city in March, saying it was violating a union agreement about a 10-year replacement policy for all first-line firefighting vehicles.

Freed went beyond an arbitrator’s 2012 decision to simply restrict use of the older vehicles by declaring that “responding to any emergency with faulty equipment is decidedly a more dangerous proposition.”

FDNY officials are arguing the older trucks are fine to use for non-fire calls — such as gas leaks, minor car crashes and inspections of piers and bridges.

“New Yorkers depend on the FDNY to respond to a variety of emergencies,” Fire Department Chief Edward Kilduff asserted in court papers. “This award will potentially endanger numerous lives by frustrating the only means of transportation available to numerous lieutenants and captains employed by the FDNY.”