National Blue Light Users Conference --- Roger Henderson FAIRSO Partner Lyons Davidson Solicitors

Transcription

1 National Blue Light Users Conference --- Roger Henderson FAIRSO Partner Lyons Davidson Solicitors

2 Emergency Driving A Legal Summary By Roger W Henderson Partner, Lyons Davidson Solicitors 2

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4 Contents Reminder of exemptions/regulations Case law Getting it wrong Evidence available Legal consequences 4

5 Emergency Drivers Combination of: Regulations Highway Code Case Law Occupational Requirements/Training/Policy 5

6 Reminder of Exemptions Section 87 Road Traffic Regulation Act 1984 exempts Police, Fire, Ambulance from speed, traffic signals and signs but only if: Observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion. Not carte blanche emergency circumstances only. Section 19 Road Safety Act (2006) consultation

7 Traffic Lights Regulation 33(1)(b) Traffic Signs Regulations and General Directions 1994 Fire, Ambulance, Police Same provision as speed would hinder the use of the vehicle also not proceed beyond stop line in a manner or at a time likely to endanger any person or to cause the driver of any vehicle proceeding in accordance with the indication of light signals operating in association with the signals displaying the red signal to change its speed or course in order to avoid an accident. 7

8 Traffic Lights Bomb/Explosive Disposal and National Blood Service. Regulation 36(1)(b) Traffic Signs Regulations and General Directions 2002 same wording for as Fire, Police and Ambulance. Treat red light as give way. 8

9 Zebra, Pelican and Puffin Crossings Section 12(1)(c) Zebra, Pelican and Puffin Crossings Regulations and General Directions Categories: Fire, Ambulance, Police and National Blood. Drivers must: Accord precedence to any pedestrian who is on that part of the carriageway which lies within the limits of the crossing or on a central reservation which lies between two crossings which do not form part of a system of staggered crossings ; and Does not proceed in a manner or at a time likely to endanger any person or any vehicle approaching or waiting at the crossing, or to cause the driver of any such vehicle to change its speed or course in order to avoid an accident. 9

10 Standard of Care Same standard and duty of care as every other road user. Same legal consequences. 10

11 Speed Emergency drivers must still drive at a speed which allows them to maintain reasonable control. McLeod v Receiver of Metropolitan Police (1971) CRIM LR 364: Police responding, 70mph Collided with another vehicle Held: should have driven at such speed to maintain control (even if an emergency) Police driver liable Several convictions for excessive/unsafe speed. 11

12 Sirens Purdue v Devon and Fire Rescue Service (2002) EWCA CIV 1532: Facts: - Car driver, green light - Fire engine, red light, 50mph, lights, no siren - Original Court: fire engine 100% liable - Court of Appeal: 80% 12

13 Sirens Allen Armsden, Executor of Estate of Rachel Cheesewright (Deceased) v Kent Police (2009) EWCA CIV 631: Facts: - Police car, round bend, lights, no siren - Car driver pulling out of T-junction, turning right towards Police car - Original Court: 100% Police liable - Court of Appeal: car driver made insufficient checks (not looked right again) 60% car driver/40% Police 13

14 Highway Code Rule 219 Highway Code: Look and listen for ambulances, fire, Police, doctors or other emergency vehicles with flashing blue, red or green lights and sirens or flashing lights take appropriate action to let it pass if necessary, pull to the side of the road and stop do not endanger yourself, other road users or pedestrians and avoid mounting the kerb. Also Section 38(7) Highway Code: A failure on the part of a person to observe a provision of the Highway Code may in any proceedings (whether civil or criminal) be relied upon by any party to the proceedings as tending to establish or negative any liability which is in question in those proceedings. 14

15 Highway Code Pedestrians and other road users: Rule 31 Highway Code: Situations needing extra care Emergency vehicles: If an ambulance, fire engine, Police or other emergency vehicle approaches using flashing lights, headlight and/or sirens, keep off the road. NB: Headphones, music, mobile phones. 15

16 Contributory Negligence Aldridge v Commissioner for Police for the Metropolis (1998) Lawtel (Court of Appeal): - Pedestrian reaches refuge island - Checks traffic from expected direction - Police vehicle wrong side of street - Police lights and sirens, 25mph - Original Court held: Police 100% liable - Court of Appeal held: Police 66%, pedestrian 33% 16

17 Contributory Negligence Scutts v Keyse (2001) EWCA CIV 7115: - Police car, 50mph in 30mph limit - Lights and sirens - Pedestrian steps off kerb - Original Court: 75/25% in favour pedestrian - Court of Appeal held: 100% pedestrian liable 17

18 Duty of Motorists Highway Code see Rule 219 earlier should look and listen Griffin v Mersey Regional Ambulance (1998) PIQR 34: - Car driver, green traffic lights - Ambulance on response, siren, red light - Held: car driver 60% liable - Should look and listen 18

19 Occupational Requirements and Training Additional duties/policies imposed by employer/organisation Risk assessments Sufficient training, competence, record keeping N.B. Section 19 consultation: proposal for compulsory high speed training course 19

20 Getting it Wrong 20

21 Getting it Wrong 21

22 Getting it Wrong 22

23 Getting it Wrong 23

24 Getting it Wrong 24

25 Getting it Wrong 25

26 Evidence Available Statements from drivers, passengers, witnesses CCTV Mobile phone footage/social media On board camera/video/commentary of emergency vehicle Internal investigation/ipcc Black boxes/data recorders/tachographs Police forensic vehicle examination Police collision report Crash reconstruction/expert evidence Risk assessments Training records/courses/qualifications Previous crashes by driver/organisation 26

27 Legal Consequences IPCC/internal investigation Dismissal from employment, warnings, demotion Criminal prosecution: - 94mph fatality, no sirens, no lights - 139mph on training drive Corporate manslaughter Coroners Court Civil proceedings: - Negligence - Burden of proof: balance of probabilities 27

28 Any Questions? 28

29 THANK YOU Roger W Henderson Lyons Davidson Solicitors, Plymouth Tel: rhenderson@lyonsdavidson.co.uk 29