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

[dx100uk]

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

[wheelergeezer]

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.

[afcwben]

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

[dx100uk]

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

[afcwben]

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?

[dx100uk]

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

 

dx

[wheelergeezer]

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.

[afcwben]

It does not look like there is any legislation see here http://www.oldham-chronicle.co.uk/news-features/8/news-headlines/42109/firemen-jam but is there something about parking where you reduce the witdh of a street to less than two cars?

[afcwben]

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

[Raykay]

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 ©.

[afcwben]

I presume "Reasonably believes" is the important part

[Old Snowy]

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?

[dx100uk]

thanks guys

 

just what i wanted.

[JonCris]

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

[afcwben]

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

[green_and_mean]

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

[green_and_mean]

Would this then cover emergency gas repairs

 

No

[letshelp]

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

[letshelp]

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

[JonCris]

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%

[steveflem]

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

[dragonkeeper]

 

 

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

 

 

 

 

 

 

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

 

 

I Pity the poor quizmaster

 

 

 

 

 

 

dk

[dx100uk]

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