Jump to content
dx100uk

fire service - moving blocking cars to access - where is it written down

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3637 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

pub quiz thingy.

 

the resident 'expert' came out with a load of twaddle regarding 'what' the fire service can and cannot do to cars blocking their way in an emergency.....

 

i know they can move them and what they can do etc... he was convinced they can 'bounce' but not drag!

 

but where is it written down in terms of laws or statute please...

 

ta

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

It is an interesting question. I honestly do not know, but I believe thay have no legal right at all to touch any car. However, in an emergency situation it is unlikely they would actually be prosecuted for criminal damage even if they did scuff your alloys etc. Their insurers would (I presume) cover any claims for the purpose. Clearly it is a cse of priorities, someones life has to be more relevant and important than a replaceable car, but as far as legislation is concerned I would imaging it may be more along the lines of excemption in a similar way to police and red lights. No actual right to go through, but won't be prosecuted if an emergency etc.

 

Only my opinion I must emphasise. Interesting question though.

Share this post


Link to post
Share on other sites

I will find out, my partner has a high position in one of the UK's Fire & Rescue, I have emailed her and await the response

Share this post


Link to post
Share on other sites

no

they can bounce ,

drag

and even turn your car on its side to gain access

i know that

 

but where is it written?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites
no

they can bounce ,

drag

and even turn your car on its side to gain access

i know that

 

but where is it written?

 

dx

 

They can do all of the above, but they can call the police to do it in an emergency, I assume Police are covered?

Share this post


Link to post
Share on other sites

no......they don't have to get/wait for the police either......

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Like DX says, they absolutely can and will do it. What he (and I ) would like to know, is under what legislation are they authorised to do it.

Share this post


Link to post
Share on other sites

Here is what my partner emailed me from the Fire Service

 

"I have asked around and the consensus is that we no not have any legal right to move vehicles. If the vehicles were parked on the premises of where the fire is and were preventing the crews reaching the fire, it is believed we would be legally covered to move them. However, if they were legally parked and we moved them, the FRS would be legally responsible for any damage caused.

The only legal thing we can do is break into a property or an adjoining property if a fire is suspected."

So the simple answer is that there is no legislation covering this

Share this post


Link to post
Share on other sites

s.44, Fire & Rescue Services Act 2004 seems to cover it:

 

(1)An employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of this section may do anything he reasonably believes to be necessary—

(a)if he reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;

(b)if he reasonably believes a road traffic accident to have occurred, for the purpose of rescuing people or protecting them from serious harm;

©if he reasonably believes an emergency of another kind to have occurred, for the purpose of discharging any function conferred on the fire and rescue authority in relation to the emergency;

(d)for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or ©.

Share this post


Link to post
Share on other sites

I presume "Reasonably believes" is the important part

Share this post


Link to post
Share on other sites
I presume "Reasonably believes" is the important part

Correct. But then if the Fire Service has received a 999 call to a fire/collision etc then who would argue against a reasonably held belief?

Share this post


Link to post
Share on other sites

thanks guys

 

just what i wanted.


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

The 2006 Act gives ALL of the Emergency Services considerable powers to ensure they can fulfill their task(s)

 

Emergency Workers (Obstruction) Act. 2006. 2006 CHAPTER 39. An Act to make it an offence to obstruct or hinder persons who provide emergency services

Share this post


Link to post
Share on other sites
The 2006 Act gives ALL of the Emergency Services considerable powers to ensure they can fulfill their task(s)

 

Emergency Workers (Obstruction) Act. 2006. 2006 CHAPTER 39. An Act to make it an offence to obstruct or hinder persons who provide emergency services

 

Would this then cover emergency gas repairs

Share this post


Link to post
Share on other sites

Just because they can legally do something it does not remove liability for damage it just removes any criminal charge such as criminal damage.

Share this post


Link to post
Share on other sites
Would this then cover emergency gas repairs

 

No

Share this post


Link to post
Share on other sites

Sorry guys just found this one, as a member of the F&R service we often come across vehicles blocking our way to emergency jobs, by emergency I say were life is at risk.

If we cannot get through sometimes we have squeeze through causing damage to the parked vehicles which I assume our insurance will cover. At the time I was thinking off, the cops actually gave tickets to the cars we damaged for obstruction and got a statement off our driver.

I also do not know what legislation covers such action but think if there is a life in danger the cars can get fixed latter.

regards


Please remember our troops, fighting and dying in our name. God protect them.

Share this post


Link to post
Share on other sites
s.44, Fire & Rescue Services Act 2004 seems to cover it:

 

(1)An employee of a fire and rescue authority who is authorised in writing by the authority for the purposes of this section may do anything he reasonably believes to be necessary—

(a)if he reasonably believes a fire to have broken out or to be about to break out, for the purpose of extinguishing or preventing the fire or protecting life or property;

(b)if he reasonably believes a road traffic accident to have occurred, for the purpose of rescuing people or protecting them from serious harm;

©if he reasonably believes an emergency of another kind to have occurred, for the purpose of discharging any function conferred on the fire and rescue authority in relation to the emergency;

(d)for the purpose of preventing or limiting damage to property resulting from action taken as mentioned in paragraph (a), (b) or ©.

 

Thanks for this Raykay I have printed it off and stuck it on our notice board, our driver reckons he wont be so careful next time and wants bull bars fitted to the front now!!!

regards


Please remember our troops, fighting and dying in our name. God protect them.

Share this post


Link to post
Share on other sites
Just because they can legally do something it does not remove liability for damage it just removes any criminal charge such as criminal damage.

 

Correct.

 

As for a civil claim for damages it would depend on how the vehicle was blocking access. If it was obvious to any reasonable person that an emergency vehicle would have access problems then I suspect that the claimant would be considered the author of his own misfortune & contrib neg of 100%

Share this post


Link to post
Share on other sites

HI

 

As an operational manager for the FRS i come across this nearly everyday, the Fire & Rescue Act 2004 covers us for all things we believe hinder us. if the vehicle is parked illegally then sorry if we have to put it on its roof to move it then so be it , especially of is illegally park. However, our insurance covers any damage caused during operations , but from experience any car i've moved has been ticketed by the police and even towed on occasions

Share this post


Link to post
Share on other sites

 

 

pub quiz thingy.

 

the resident 'expert' came out with a load of twaddle regarding 'what' the fire service can and cannot do to cars blocking their way in an emergency.....

 

i know they can move them and what they can do etc... he was convinced they can 'bounce' but not drag!

 

but where is it written down in terms of laws or statute please...

 

ta

 

dx

 

 

 

 

 

 

:lol: I would not like to take part in your pub quiz dx :lol:

 

 

I Pity the poor quizmaster :lol:

 

 

 

:)

 

 

 

dk


:welcome::rofl::welcome:

 

 

 

 

 

[sIGPIC][/sIGPIC]

 

 

 

:tea:

 

 

 

most of my knowledge is from the school of hard knocks

 

not based on any legal background

 

As quite a lot fellow caggers state seek Legal Advice

 

 

:ranger:

Share this post


Link to post
Share on other sites

silly question to ask when he had not 'actually' researched the answers.............

just went on what cleverdick had already told him which i knew was wrong.

 

 

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...