In Tobacco v. North Babylon Vol. Fire Dept., 182 Misc2d 480, 696 NYS2d 340 (Suffolk Supreme Ct 1999), aff'd 276 AD2d 551, 714 NYS2d 450 (2d Dept 2000), the Court considered whether there was a conflict between Vehicle and Traffic Law 1104 and General Municipal Law 205-b and, after reviewing the legislative history of General Municipal Law 205-b and noting that the statute is unambiguous in its application to fire districts, it concluded that while the qualified privilege applies to the volunteer firefighter, a fire district can be held liable for the negligence of its volunteer firefighter.