FIREMAN CHARGED FOR DOING HIS JOB

THE LAW AND EMERGENCY DRIVING

THE LAW AND EMERGENCY DRIVING

A Brisbane District Court case in which a fireman faced trial on a charge of dangerous driving causing death arising out of an accident which occurred on the way to a fire has highlighted the precarious nature of emergency driving for both emergency personnel and the general public.

The fire officer had the misfortune to be the driver of a fire engine on an emergency turnout; the fire engine was involved in a collision with another vehicle at a city intersection. As a result of the collision the two people in the other vehicle died. A coronial inquest was held and the coroner committed the fire officer for trial. When the trial proceeded, it lasted less than one day, with the presiding judge indicating to the prosecution, after hearing argument by defence counsel, that on the available evidence no competent jury could convict of dangerous driving causing death. As a result of this indication, the prosecution withdrew the charge.

Cases such as this highlight the dangers, both physical and legal, involved in emergency driving. It is perhaps timely to remind everyone of the relevant provisions in the Traffic Act and Traffic Regulations which govern the passage of emergency vehicles.

The Traffic Act

Regulation 9 of the Traffic Regulations provide that those regulations (which include provisions concerning giving way, speeding and traffic signals) do not apply to a driver of an emergency vehicle if the vehicle is sounding its siren or repeater horn, and if compliance with the Regulations could be inconsistent with the effective performance of the driver's functions. (Emergency vehicles are defined in Regulation 4 to include Police Service, Fire and Ambulance vehicles fitted with a repeater horn or siren or a flashing warning light).

Furthermore, Regulation 37 provides that other drivers must do everything reasonably practicable to give way to, and get out of the way of, an emergency vehicle sounding its siren or repeater horn or operating its flashing warning lights.

The District Court case involving the fire officer has made it very clear that whilst the Traffic Act provisions will be taken into account in assessing the driving of emergency personnel in urgent situations, they do not absolve an emergency driver of the responsibility to drive at a reasonable standard expected by the community. Furthermore, whilst the law provides that other drivers must give way to emergency vehicles as best they can, that again does not allow an emergency driver to blindly assume that all traffic will in fact give way. In other words, emergency drivers must continue to exercise an extremely high level of awareness and caution whilst driving in emergency situations.

Members of the public and emergency services personnel know that attending and performing in emergency situations is both difficult and dangerous. It is hoped that a better understanding of the relevant legal provisions concerning emergency vehicles may assist both emergency personnel and the public to avoid the anguish associated with serious accidents.

http://www.gnl.com.au/ Gilshenan and Luton Lawyers, 

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