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Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - ScoBro

Hi Everyone

Just wondering what the stance is on this? I have a Tracheostomy Ventilated 14 month old baby who we have to transport to appointments etc and has the potential to go into respiratory arrest at any point. For this reason I have purchased but not fitted yet some blue strobe lights.

The reason for this is not to cut through red lights etc just to carve my way through traffic in the event he stops breathing whilst we are in the car. I have a large sign on the boot saying Ventilated child on board notifying people of the risk of stopping etc.

Does anybody know the legal stance on this? Would also not to break any speed limits but purely in a traffic situation.

I am an institute of advanced motorists qualified driver and was in the police specials for 3 years prior to having a family.

I do get concerned that my son could die whilst being in the back of the car when I could possibly help get him to a hospital faster? He has to have someone with him 24/7 due to the risk.

Any thoughts would be greatly appreciated.

Thanks

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - focussed

The simple and blunt answer is no blue light use is authorised for youself , unfortunately for you and your disabled son.

See here for all the various categories and uses.

www.ukemergency.co.uk/blue-light-use/

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - RobJP

As focussed has said.

It is a criminal offence for you to fit or use those lights.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - bathtub tom

I once took a patient in suspected cardiac arrest to hospital. I tied a white handkerchief to my aerial as they do in the rest of europe. I took the outside of a long queue of traffic at a junction without a hint of protest from anyone.

Would you still get away with this?

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - TedCrilly

"I am an institute of advanced motorists qualified driver and was in the police specials for 3 years prior to having a family."

And yet you need to be told by anonymous individuals in a motoring forum that the use of flashing blue lights on moving vehicles by members of the public is an offence, an absolute one at that??

My my...it would seem.standards are obviously slipping!

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Dwight Van Driver

As seen by dvd:

Under Section 87 Road Traffic Regulation Act 1984 there is an exemption from exceeding a speed limit:

No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being USED FOR 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.

This also applies to serious Crime Squad but only if undergoing or has completed a driver training course.

Ambulance purpose is NOT defined in the Act

Wilkinsons Traffic Law tells us that a car taking a casualty to hospital in an urgent case is being used for ambulance purposes.

Similar exemption applies in relation to failing to conform to a Traffic Sign (Lights)

But - this does not negate in either case a prosecution for driving dangerously or carelessly.

Looking at ‘Blue Lamps’

Under Reg 3 (interpretation section) of Road Vehicles Lighting Regs 1969

“Emergency vehicle” is defined as:

A motor vehicle of any of the following descriptions–

(a) vehicle used for fire brigade, ambulance or police purposes;

And

“Special warning lamp”

A lamp, fitted to the front or rear of a vehicle, capable of emitting a blue flashing light and not any other kind of light.

“Warning beacon” A lamp that is capable of emitting a flashing or rotating beam of light throughout 360° in the horizontal plane.

Under Reg 11 stipulated vehicles not to show a light other than red to the rear except:

(k) blue light from a warning beacon or rear special warning lamp fitted to an emergency vehicle.

However the Regs says this in relation to fitting a blue light:

Restrictions on fitting blue warning beacons, special warning lamps and similar devices

16. No vehicle, other than an EMERGENCY vehicle,( go back to top for definition) shall be fitted with–

(a)a blue warning beacon or special warning lamp, or

(b)a device which resembles a blue warning beacon or a special warning lamp, whether the same is in working order or not.

Schedules to the regulations give chapter and verse as to where and how blue lamps are to be fitted.

So in the posters position in his own private vehicle in the emergency situation mentioned it appears he can exceed the speed limit but not wishing I presume to draw attention to his plight it seems he can have a ‘blue light strobes’ fitted whilst on the journey but NOT before or after. One could IMHO therefore look at the possibility of having his car wired up so that if the occasion arose clip on lamps could be attached and removed after the journey had been completed when they would no longer be fitted.

If the poster goes ahead with the lights then I suggest he have a word with a Supervisory Officer at his local Plodshop, explain his position and ask if at all possible to put a marker on his vehicle on PNC. Seen speeding Police would follow and immediately do a PNC check and as a result be updated the reason for the emergency run.

dvd

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - FP

DVD's carefully considered and well-informed response contrasts with that of several others, who seemed totally sure of themselves.

My point is that we do need to be careful in giving advice. It is accepted that, as far as I know, none of us, with the exception of DVD, are experts.

Even when we speak from personal experience, this may offer only a limited view. Perhaps the best thing is to avoid appearing to be the expert we are not and simply to offer a view or opinion and nothing more.

If there are solicitors amongst us, that is a totally different matter - but I would add that even law professionals tend to specialise and may be more familiar with certain legal issues than others.

Edited by FP on 10/10/2015 at 12:24

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - nortones2

Well said, FP.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - focussed

Now just you hold on a minute Mr FP and Nortones-

The OP asked for the legal chapter and verse on the advisablity of using blues as a civilian - albiet in a desperate personal situation.

I offered the correct legal interpretation of the situation - Yes?

If the OP's local Plod decides to give him an unofficial get out of jail free card on the basis of prior consultation with them, all well and good.

However, as we all know, this is totally unofficial and off the wall, if questioned about it all involved will deny it - he's on his on his own on this one.

Having said that-I'm glad I'm not in that situation-best of luck fella.

Edited by focussed on 10/10/2015 at 19:55

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - FP

"I offered the correct legal interpretation of the situation - Yes?"

I'm not in a position to say, but it doesn't fit with DVD's interpretation. And DVD does provide "chapter and verse".

DVD's mention of "local Plod" seemed to warn that the police might not be aware of the niceties of the law - it wasn't "an unofficial get out of jail free" card. In fact, it was entirely "official".

But really, Focussed, your argument should be with DVD, not with me or Nortones.

And it does illustrate that we need to be careful in what we say.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - nortones2

It might be broadly correct, but it isn't your interpretation, it's derived. It possibly skates over nuances which a specialist, aware of the detail, might raise. I have a certain expertise in law (BA degree) but my specialism was in industrial law, and that some time ago! No longer up to date, and the only thing about the law, that I can be certain of, is that I don't know it all.

Edited by nortones2 on 13/10/2015 at 10:58

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - focussed

It might be broadly correct, but it isn't your interpretation, it's derived. It possibly skates over nuances which a specialist, aware of the detail, might raise. I have a certain expertise in law (BA degree) but my specialism was in industrial law, and that some time ago! No longer up to date, and the only thing about the law, that I can be certain of, is that I don't know it all.

I know enough about motoring law to know that civilians are not allowed to use a motor vehicle equipped with blues, and that's what I offered as advice.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - martint123

If I were in the OP's position of having to transport a child with such a potentially fatal condition then I would insist that transport be done with NHS transport with both trained staff and blue lights fitted.

(I hope the outcome is successful)

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - skidpan

The one thing that has concerned me most about this thread from day one is the simple fact that the OP has not been trained to drive at higher speeds than mormal through traffic. If things went wrong the result for his own family as well as others could be dreadful.

As martint123 says

I would insist that transport be done with NHS transport with both trained staff and blue lights fitted

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - thunderbird

The Road Vehicles Lighting Regulations 1989

16. No vehicle, other than an emergency vehicle, shall be fitted with–

(a)a blue warning beacon or special warning lamp, or

(b)a device which resembles a blue warning beacon or a special warning lamp, whether the same is in working order or not.

What is an "Emergency Vehicle"

  • for police purposes (but not necessarily a police vehicle, e.g. search and rescue)
  • for fire brigade purposes (but not necessarily a fire brigade vehicle)
  • for ambulance purposes (but not necessarily an ambulance vehicle, e.g. cave rescue)
  • as an ambulance for moving sick, injured or disabled people
  • by a specialist company for fire salvage work
  • by the Forestry Commission for fire fighting
  • by local councils for fire fighting
  • for bomb disposal
  • for nuclear accidents
  • by the RAF mountain rescue
  • by the National Blood Service
  • by HM Coastguard
  • for mine rescue
  • by the RNLI for launching lifeboats
  • for moving around human organs
  • by Revenue and Customs for serious crime
  • for mountain rescue purposes
  • by the military special forces (e.g. The SAS) for a national security emergency

Cannot see any mention of members of the public using their private vehicle for what they class as a medical emergency so I guess the answer to the OP's question was he cannot use Blue Flashing Lights..

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Brit_in_Germany

DVD's point was, I think, was that a court may interpret "for ambulance purposes" to include a member of the public transporting a sick person to hospital in an emergency.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - thunderbird

DVD's point was, I think, was that a court may interpret "for ambulance purposes" to include a member of the public transporting a sick person to hospital in an emergency.

Equally the court may also decide that the opposite interpretation is correct and the driver be found guilty of breaking the law.

With the possible penaties I personally would not wish to test the law.

As other have said we have trained personel to cover serious emergencies, use them.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Dwight Van Driver

Just to re iterate

Ambulance purpose is not defined at law so one has to take the OED version.

Wilkinsons Traffic Law tells us that a car taking a casualty to hospital in an urgent case is being used for ambulance purposes.

Wilkinsons Traffic Law is a well respected tomb in legal circles and stands alongside Stone's Justices' Manual that you will see in Courts alongside the Magistrates Clerk.

Interesting a Doctor driving in his own car to treat a patient is not covered but if he puts the patient needing urgent attention in his car and takes to hospital he is.

dvd

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - thunderbird

OK

Lets accept that when carrying a patient a private car is classed as an ambulance.

Does that mean the private car is exempt from the traffic laws as per an "official" ambulance.

But I have seen several cases in the past where drivers of emergency vehicles have been prosecuted (not always successfully) so I would expect a prosecution to be persued should unfortunate incident occur.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Dwight Van Driver

.....only applies in relation to speeding and failing to conform to traffic signal because the statute says so. Other traffic rules applies unless within the imposing statute it states there is an exemption.

As stated earlier still open to prosecution for due care etc.

dvd

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - concrete

Is it me? I thought that the post from dvd was quite clear on the main issue. NO vehicle, except authorised ones can be fitted with blue lights. QED.

As for using a vehicle for ambulance purposes. This is interpretive, however I am sure we would all use our vehicles and driving skills to achieve as fast and safe a journey as possible if we had a loved one to transport quickly to hospital. Whether it be the use of headlights, horns, white handkerchiefs etc to get through the traffic. However we would still be open to prosecution for any offence committed. Even if the OP discussed this with the local police they could not give him a 'get out of jail' card, but may be sympathetic to a call from him to provide an escort.

Cheers Concrete

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - TedCrilly

Easy for me to say this but......if I was the officer who was approached with the request I would be asking two pertinent questions.

What is the hosptals/doctors take on all this? Are they really advocating rushing the child to hospital by whatever means are neccessary if an emergency situation should arise?

Wouldnt it be alltogether as quick, safer and more beneficial to simply call 999 and let the fast response paramedics handle it?

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - concrete

Easy for me to say this but......if I was the officer who was approached with the request I would be asking two pertinent questions.

What is the hosptals/doctors take on all this? Are they really advocating rushing the child to hospital by whatever means are neccessary if an emergency situation should arise?

Wouldnt it be alltogether as quick, safer and more beneficial to simply call 999 and let the fast response paramedics handle it?

Those were my first thoughts, except that the OP's vehicle does seem to be equiped to take the unfortunate child in safety and comfort. Also if an event occurs while they are out in the vehicle it makes sense to go straight to hospital rather than wait for an ambulance. Tough call when your child is ill.

Cheers Concrete

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - TedCrilly

I dont really think its a case of the vehicle being equipped to take the child to hospital in an emergency situation, more a case of if the driver can do it without compromising anyones safety, including not only the public but himself and the child.

I doubt any traffic officer stopping someone racing to hospital over a matter of life and death would hold things up or indeed take things further, unless of course the actiones were totaly reckless. However if the vehicle was displaying blue lights at the time it puts a totaly different slant on things and I imagine there would be a lot of awkward questions asked afterwards.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - ScoBro

Thank you for all of the responses.

It is a sticky situation which I appreciate is unique.

I won't be holding anybody responsible for any information given and apologies if anybody felt that they may be in the situation.

If we was at home we would call 999 as it is safer. Although when an ambulance arrives the have to take our equipment as they don't know what to do with a child of his complications.

On another note some ambulance drivers havent had any training to drive at speed as its not required by law.

I have done fast roads training and been in multiple responses a few years ago.

It is purely when we are out and about with him, because he can go into respirtory arrest at any point. In that instance its the decision of, do you go for it and get him to the nearest hospital or do you park up and wait for an ambo? If your on the motorway, unfortunately we can't just get him out like a regular child, as he needs a minimum of 2 people and can't maintain his body temp.

I will have a word with the local station as far as the stance on it.

Our santa Fe does display emergency vehicle on the back and also has ventilated child on board. Amazingly people do gives a bit extra time!

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - concrete

Well said ScoBro, you can only do your very best when a situation occurs. I hope it never does for you or your child but in your shoes I would do my utmost to get them treatment as quickly as possible.

Very best of luck. Cheers Concrete

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Armitage Shanks {p}

I wouldn't care to rely on the ambulance service in my area! Dire. www.bbc.co.uk/news/uk-england-33147375
Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - skidpan

Don't believe all you read.

Mum and dad are both in their late 80's and now in a care home. In the past 2 1/2 weeks mum has fallen twice (one head injury and one broken foot) and dad has fallen once (no injury).

On each occation the nurse on duty rang 999 and a paramedic and ambulance attended within the sort of timescale you could reasonably expect.

And its EMAS.

No complaints from me.

But at times they get incredibly busy (having sat in Majors for 1/2 a day on 2 occations this month I have seen it first hand) and its inevitable that each amulance crew can only be in one place at any one time. At those times they inevitably must prioritise calls and normally its the very young and very old that are first.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - joegrundy

I'll add my tuppence-worth to this (but it may not be worth that).

I was a mid-senior police officer (retired 10 years). I worked in a very rural area and was often on call for serious crime, fatal RTAs, etc. Often, driving to my base to pick up a police car would have seriously hindered my response time (say a 30 mile round trip) ad was impractible.

I used my car for work anyway (usually, of course, for routine work) and it was insured for use 'for police purposes' and I was paid a mileage allowance.

My Fire Service colleagues in similar roles were supplied with official/lease cars equipped with 'blues & twos'. We weren't, for financial reasons.

My cars (a Felicia (yes, really!), a Xsara and a Mondeo) were fitted with grille lights, siren and I used a 'kojack' light. (Nowadays there are better alternatives).

This is a grey area (what legal matter isn't?) but my thoughts are that if -as in the OP - the vehicle needs to be used for ambulance purposes (and it certainly sounds as if that would be the case) then blue lights and siren would be legal, and other regulations relating to such vehicles would also apply. From a common-sense and legal point of view, there is no legal distinction between an 'official' ambulance (i.e. one operated by the NHS and a private company).

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Avant

Many thanks for that - worth a lot more than tuppence! Welcome to the forum.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - concrete

Well said joegrundy. A reasonable response from an age when the average policeman, both had and used their discretion. Again I suppose it would be at the dsicretion of any police officer who happened to detain the OP for using said lights etc. In other words; a lottery. As DVD pointed out the legislation seems clear: No vehicle shall have blue lights or sirens fitted unless it is properly authorised. That seems clear enough except who decides what or when this 'authorisation' applies. Is it the police on the street? Does the OP telephone an emergency number who then 'authorise' him to use the lights etc? All in all a bit of a mess. I just know one thing. If any of my children were desperately in need of hospital attention then I would have done what was necessary at the time and argued later over the semantics of 'authorisation'.

Cheers Concrete

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - slkfanboy

if the OP is interested I am startup a a DIY paramediic course, please do leave blue lights and emergency services to the professionals

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Dwight Van Driver

Lights blue touch paper as I toss this gem I found yesterday

DPP v Issler [2014]

tinyurl.com/z6fdnqx

dvd

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - RT

Lights blue touch paper as I toss this gem I found yesterday

DPP v Issler [2014]

tinyurl.com/z6fdnqx

dvd

The decision above ends with the words "This did not mean that the outcome of the appeal was desirable. The world had moved on since the 1980s and a strong case had been made out for widening the exemptions. The facts of this case highlighted the need for reform. This however was a task for the Secretary of State and for Parliament and not for the court."

The demand for such a change is relatively low.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - ExA35Owner

Lights blue touch paper as I toss this gem I found yesterday

DPP v Issler [2014]

tinyurl.com/z6fdnqx

dvd

That one is subtly different - the defendants in that case weren't transporting patients but were getting themselves as first reponders to the scene of the emergency. So the distinction made is that in the case of Issler, the car wasn't an ambulance as defined in law.

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - joegrundy

Lights blue touch paper as I toss this gem I found yesterday

DPP v Issler [2014]

tinyurl.com/z6fdnqx

dvd

That one is subtly different - the defendants in that case weren't transporting patients but were getting themselves as first reponders to the scene of the emergency. So the distinction made is that in the case of Issler, the car wasn't an ambulance as defined in law.

Interesting.

This ruling would seem to rule out paramedic response cars and bikes.

All a bit messy, isn't it?

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Dwight Van Driver

Agreed Joe.

A precedent arises from the specific facts of a case.

However they are often used in other similar cases by an aspiring brief wishing to hood wink the Mags/Judge which is why I drew it to attention.

dvd

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - nortones2

The counter is to "distinguish" the quoted case ,as it was appied to a diffferent circumstance. But the fly guys might get away with it!

Hyundai Santa Fe - Private Vehicle with Blue lights -disabled child - Dwight Van Driver

tinyurl.com/ngua62e

....not being used for ambulance purposes......

dvd