TC1474 Posted February 11, 2016 Share Posted February 11, 2016 Proof that the Police are prosecuted and hit harder than many others when they get it wrong Thankfully the Moped rider and the pedestrians involved all made a full recoverhttp://www.policeoracle.com/news/invest ... um=twitter Quote Link to comment Share on other sites More sharing options...
XmisterIS Posted February 11, 2016 Share Posted February 11, 2016 I can't read the article because it wants me to sign up to do so, but XmrsIS regularly works with police/fire/etc as part of her job. She said that even when an emergency vehicle is on blues 'n' twos, they must follow the highway code when practicable and if they don't, then they are automatically held 100% responsible until proven otherwise. Sounds like a heck of a responsibility! Quote Link to comment Share on other sites More sharing options...
TC1474 Posted February 11, 2016 Author Share Posted February 11, 2016 I can't read the article because it wants me to sign up to do so, but XmrsIS regularly works with police/fire/etc as part of her job. She said that even when an emergency vehicle is on blues 'n' twos, they must follow the highway code when practicable and if they don't, then they are automatically held 100% responsible until proven otherwise. Sounds like a heck of a responsibility! It is not a case of observing the Highway Code, because on a shout, it becomes by and large irelevant as there are specific regulations that take over, and the Highway Code is neither law or enforcable but..... The crux of the matter is that when on a shout, the Police driver has a statutory duty of care. In this case the driver failed to observe that duty and allowed his driving to fall well short of that expected from a "trained Police driver".Your wife is not strictly correct in her statement. They police driver is not automatically held liable, but certainly going back a bit, the officer would be suspended from driving (or riding) until an investigation had been completed (I got suspended from driving a few times in my career) and a decision as to whether to prosecute was made.But she is correct in that it is one hell of a respinsibility. Many members of the public think it is exciting being on blues and two's (or sirens as they are now) and I can still remember my first shout even now 35 years on and how much the adrenalin kicked in, but rest assured the novelty soon wears off, and you start to treat the use of horns and blue lights differently. Quote Link to comment Share on other sites More sharing options...
Hoggs Posted February 11, 2016 Share Posted February 11, 2016 TC can I please ask a slightly (ok very) unrelated question (that I am going to link up to slightly on topic at the end) because it came up at the weekend and maybe you'll know the answer....On Friday night there was quite a hullabaloo on the street! Two fire engines, a police car and four ambulances rocked up to a call from across the way (it seemed medical rather than illegal). There are shop fronts with the access to the flats above via a door to the side of the frontage. For whatever reason even though they had access to the flats they ended up forcing entry into the shop (which is an estate agents so no one probably felt too bad). My question is, in cases of forced entry where it's not for suspicion of illegal behaviour do the police pay for the repair or do you have to claim it on your own insurance? To link back up slightly.. OH said he had heard (but taken with a pinch of salt) that if your vehicle is damaged by an emergency services one it's always your fault for not getting out the way and therefore you have to claim it on your insurance? But from what you said above that doesn't seem true... Quote Link to comment Share on other sites More sharing options...
TC1474 Posted February 11, 2016 Author Share Posted February 11, 2016 in cases of forced entry where it's not for suspicion of illegal behaviour do the police pay for the repair or do you have to claim it on your own insurance? To link back up slightly.. OH said he had heard (but taken with a pinch of salt) that if your vehicle is damaged by an emergency services one it's always your fault for not getting out the way and therefore you have to claim it on your insurance? But from what you said above that doesn't seem true... Like all things it all depends on the circumstances.If for example the emergency services broke into a property with good intentions and with good reason (for example I had to force an entry once where someone had been dead inside for a few months, then it would be down to the homeowner to sort out repairs, but if it transpired that keys were available but the door still got kicked in, then the Police would cover the cost. When you see something like a drugs raid and they use the big orange door key then that is the homeowners responsibility.In the case where your vehicle gets damaged by an emergency vehicle, again it all depends on circumstances.If the damage (or injury) is caused by careless driving on the part of the emergency services driver, then normal claims rules apply.But in cases where for example cars blocking the road prevent say an Ambulance or a Fire Tender on a shout from gaining access, it could be argued that the parked vehicles caused an obstruction and therefore the vehicle owner is liable rather than the emergency service driver.There is no hard and fast rule that says one or the other is liable, it all comes down to circumstances at the time and the judgement call that is made.Sorry I cannot give you a more specific answer. Quote Link to comment Share on other sites More sharing options...
Hoggs Posted February 11, 2016 Share Posted February 11, 2016 No that's great thanks TC Quote Link to comment Share on other sites More sharing options...
MrBrightside Posted February 11, 2016 Share Posted February 11, 2016 Hoggs, Tony is very right. Whenever entry is forced, for whatever reason, and damage is caused, a form is left with the occupier or owner detailing the power used in obtaining entry. It's not cut and shut regarding liability for damage, but more often than not, the repairs will be up to the owner of the property to put right if powers were used correctly. We obviously get in wrong on occasion and on those occasions repairs would be carried out at force cost.Without knowing what happened, I would hedge a bet that entry was forced using Sec.17 of PACE on that occasion, judging by the rescue services in attendance. Quote Link to comment Share on other sites More sharing options...
cockercas Posted February 11, 2016 Share Posted February 11, 2016 Police kicked in and paid for a new front door at my aunts house because someone reported her growing drugs.The evidence, she never opened he curtins in the downstairs spare room because the windows on the path. Quote Link to comment Share on other sites More sharing options...
MrBrightside Posted February 11, 2016 Share Posted February 11, 2016 15 month suspended sentence£4200 fineDisqualified for 30 monthsPlus, on top of that he will more than likely lose his job. Quote Link to comment Share on other sites More sharing options...
TC1474 Posted February 18, 2016 Author Share Posted February 18, 2016 Following on from this, someone has got some explaining to do. Nothing a bit of Gaffa tape and T Cut won't put right though.http://www.dailymail.co.uk/news/article ... round.html Quote Link to comment Share on other sites More sharing options...
Gin Posted February 18, 2016 Share Posted February 18, 2016 Following on from this, someone has got some explaining to do. Nothing a bit of Gaffa tape and T Cut won't put right though.http://www.dailymail.co.uk/news/article ... round.htmlI should have laughed as hard as I did at "But a 120-year-old Victorian post box was demolished in the crash" It's almost like they were trying to Joust! Quote Link to comment Share on other sites More sharing options...
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