Responding on Pre-alert Update.
In a recent Operational Update the Trust chose to clarify the issue of responding on pre-alerts by selectively quoting YAS procedure but not their Driving at Work Policy which states the following;
“there is no automatic right to claim an exemption, from Road Traffic Legislation, and the driver must be able to claim or demonstrate a reasonable approach by justifying the need for the exemption, if required to do so by the Police………”
UNISON have taken further advice from South Yorkshire Police and although some aspects of the law are vague and outdated two things are clear, the decision to claim exemption is not down to a YAS policy or Procedure it is for the individual driver to makes and the decision to do so has to be justified by there being an ‘actual’ need not a ‘perceived’ or ‘potential’ one. UNISON regional officer stated…..the police are responsible for upholding the law not the Trust.
Due to the Trust not engaging with UNISON our position therefore remains that staff should follow the guidance given by Suzette Davenport, Deputy Chief Constable of Northamptonshire Police and ACPO lead for ROADS POLICING; “On receipt of a Cad 3 Pre-Alert, the ambulance crew should commence driving under normal road conditions in the direction of the 999 caller, effectively shortening the travel distance and time. When the ambulance service have established that a medical emergency actually exists and the crew are informed as to the nature of the medical emergency, at THAT time the driver will be in possession of the information on which the driver will be able to upgrade the level of driving to that of emergency road conditions to base his or her clams for any exemptions from the rules of the road and highway code”.
‘………….the activation of emergency driving conditions must only be applied once it is believed that an emergency actually exists ……..…………………….. The decision to drive in this manner is always the decision of the driver”.
UNISON has made several requests to the Trust to have an urgent meeting with ourselves and the police but to date they seem reluctant, which suggests that they aren’t as confident about their stance as they first appeared. If they have not arranged a date for a meeting by Friday this week we will have no other choice but to start a public campaign to try to force a discussion and resolution of the issue. UNISON members should not be put under the pressure whilst carrying out their duties of both facing suspension and disciplinary action from the Trust or the potential of being prosecuted by the police.