Fire Officers’ Association
Policy Document 8
EMERGENCY VEHICLE DRIVING
1.
Introduction
This Policy has been formulated following a question raised by the Hampshire Branch of the
Fire Officers Association regarding whether or not the Association would support a fire service
driver who drove through a red traffic light whilst proceeding to an emergency call.
2.
The Law
“Statutory Instrument 1994 No. 1519
The Traffic Signs Regulations and General Directions 1994
PART I –
THE TRAFFIC SIGNS REGULATIONS 1994
SECTION 5 - LIGHT SIGNALS AND WARNING LIGHTS
Significance of light signals
33. (1)
The significance of the light signals prescribed in paragraphs (2) and (3) of regulation 30 and in regulation
32 shall be as follows
(a)
except as provided in sub-paragraphs (b), (f) and (g) the red signal shall convey the prohibition
that vehicular traffic other than tramcars shall not proceed beyond the stop line;
(b)
when a vehicle is being used for fire brigade, ambulance or police purposes and the observance of
the prohibition conveyed by the red signal in accordance with sub-paragraph (a) would be likely to
hinder the use of that vehicle for the purpose for which it is being used, then sub-paragraph (a)
shall not apply to the vehicle, and the red signal shall convey the prohibition that that vehicle shall
not proceed beyond the 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 indications 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;”
3.
Comment
3.1
Traffic Lights
The above restriction is more limited because the regulation goes on to state that in those
circumstances the vehicle may go through the red light but should not proceed beyond the
stop line in a manner or at a time likely to endanger any person or cause the driver of any
vehicle proceeding correctly with the lights to change its speed or course in order to avoid an
accident. In other words, it simply gives the driver the right accorded to any driver in the case
of a give-way sign. It is up to the driver to proceed with care, bearing all that in mind. The
police vehicle has to comply with the regulations in that way. There are similar exemptions
and provisions which apply not only to red lights but to pelican crossings and to various light
and horn regulations so as to permit the police vehicle to use special lights. However, strict
compliance with other road traffic regulations is always required.
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Furthermore, it should be appreciatedom that fire and rescue service drivers do not have
carte blanche to ignore speed limits or red traffic lights. The exemptions which have been
granted to them are very specific, limited and are enshrined in law. If as a result of exercising
those exemptions any accident occurs, the fire and rescue service driver is every bit as liable
for the consequences as any other motorist using the road. The courts will have to make their
own decision where proceedings are brought in the light of particular circumstances.
3.2
Emergency Response Driving
Whilst it is impractical to give an authoritative interpretation of the Law due mainly to its
complex nature, we hope to briefly describe below those aspects of the Law which are
specific and pertinent to emergency service driving.
(i)
Driving standard as required by law
Every vehicle shall be driven with care and consideration for other road users. At no
time must it be driven recklessly or in a manner, or at a speed, likely to cause danger
to another road user (including those near but not on the road).
(ii)
Non-exemptions
There are no legal exemptions for the driver of an emergency vehicle responding to
or from an emergency from the following list:
•
•
•
•
•
•
•
(iii)
dangerous or careless driving;
failing to stop if involved in a road traffic accident;
dangerous parking;
failing to obey traffic lights controlling a railway level crossing or fire station;
crossing or straddling a double-white line system where the line nearest to
you is unbroken (other than for the occasions listed in the Highway Code);
failing to obey a ‘No Entry’, ‘Stop’ or ‘Give Way’ sign (unless instructed to do
so by a Police Officer or Traffic Warden in uniform);
failing to obey a ‘One Way Traffic’ sign.
Construction and Use Regulations 1978, Reg. 97(1)
A motor vehicle must at all times be in such a condition that no danger is caused, or
likely to be caused, to anyone in or on the vehicle, or on the road.
No danger should be caused (or made more likely) to anyone in or on the vehicle, or
on the road, because of the number of passengers carried, the way in which they are
carried, or the weight and distribution of the load.
(iv)
Negligence
Negligence is conduct that fails to conform by either an act or an omission, to the
standard required for protecting others.
Negligence is not the lack of skill, but the fact that someone undertook the work
without having or applying the necessary skill.
This applies to driving and crewing.
(v)
Exemptions
•
•
•
•
•
•
stopping on clearways;
parking within the zigzags of a pedestrian crossing;
parking in areas controlled by double white/yellow lines;
stopping the engine whilst parked;
parking on the offside of the road at night;
parking on footway/verge/central reservation;
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•
•
•
•
•
•
•
(vi)
exceeding statutory speed limits;
treating a red traffic light as a give way;
using audible warnings at night;
observing keep left/right signs;
motorway regulations (where you need to do so to avoid or prevent an
accident, or to obtain or give help required at an accident or emergency);
entering a bus lane/street;
entering a pedestrian precinct.
Speed limit exemption for fire brigades, ambulance or police
Section 87 of the Road Traffic Regulation Act 1984 states:
"No statutory provision imposing a speed limit on motor vehicles shall apply to any
vehicle on an occasion when it is being used for fire brigade, ambulance or police
purposes, if the 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."
(vi)
When is it permissible to use blue lights?
The law on when a blue lamp can be used is set out in Regulation 27 of the Road
Vehicles Lighting Regulations 1989 and the table there under. The exceptions are:
At the scene of an emergency; when it is necessary or desirable either, to indicate to
persons using the road the urgency of the purpose for which the vehicle is being used
or to warn persons of the presence of the vehicle or a hazard on the road.
4.
Summary
You are in a privileged position when driving to or from emergencies, and assume a role of
enormous responsibility. Never abuse the exemptions. The fact that you may be responding
to an emergency call does not mean that there is an automatic right to claim an exemption.
You, the driver, must always be able to justify the need for your actions.
The Fire Officers’ Association will always support its members who carry out their duties in
responding to a call for assistance. However, this support will only be extended to drivers
who carry out their work in a responsible, professional, and lawful manner.
Fire Officers’ Association – Issue 1: 2006
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Re-formatted October 2007