Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2015

Lord Popat Excerpts

Tuesday 27th January 2015 Grand Committee

Moved by

[Lord Popat]

That the Grand Committee do consider the Motor Vehicles (Wearing of Seat Belts) (Amendment) Regulations 2015.

Relevant document: 17th Report from the Joint Committee on Statutory Instruments

[Lord Popat (Con)]

My Lords, this measure has already been considered in another place. It has long been an established fact that wearing seat belts is an important safety mechanism. Seat belts are a significant factor in saving lives in collisions, and they are therefore something that the Department for Transport takes very seriously. That is why the fixed penalty for not wearing a seat belt increased to £100 in 2013.

That said, there are some circumstances in which it is appropriate for individuals to remove their seat belts. An exemption from the requirement to wear a seat belt exists for those travelling in vehicles being used for police and fire-safety purposes. There is no parallel exemption for ambulance personnel when they are travelling in the back of an ambulance and providing treatment to a patient. Therefore, an ambulance worker who removed their seat belt to provide life-saving treatment, including chest compressions, to a patient or to deal with a paediatric or obstetric emergency would be committing an offence. That is an unfair position in which to put those whom we should properly be supporting. The outstanding and selfless work and commitment of those in the front-line ambulance service is one of the things that makes the NHS the envy of many other countries in the world.

In December 2011, as part of the Department for Transport’s Red Tape Challenge, a decision was taken to create a new exemption from the requirement to wear a seat belt for persons riding in an ambulance while providing treatment to a patient. In 2013, the proposal was considered in a consultation paper on speeding limit exemptions for emergency vehicles. There was unanimous support for the proposal from a range of stakeholders, including representatives from the ambulance service, the police, road safety groups and members of the public.

There is a European directive which harmonises the compulsory use of seat belts in specific categories of vehicles across member states. The directive permits member states to grant exemptions from the requirement to wear seat belts in certain specified circumstances, provided that the approval of the Commission is obtained. One such circumstance is ensuring that the emergency services can perform their duties properly. The department requested the EU Commission’s approval in respect of the proposed exemption in November 2013, and this was granted in June 2014. The derogation granted by the Commission provides that the exemption should be applied when the patient requires treatment,

“which due to its nature or the medical situation of the patient cannot be delayed”.

These regulations will add an additional exemption from the requirement to wear a seat belt for persons travelling in an ambulance while they are providing urgent treatment to patients. The regulations are drafted in accordance with the terms set out by the European Commission.

The proposed changes have been drafted in consultation with the Department of Health. They have the support of the Association of Ambulance Chief Executives and seem entirely logical. This is a straightforward change which will allow the emergency services to do their job. I therefore commend the order to the Committee.

--- Later in debate ---

[Lord Rosser (Lab)]

I thank the Minister for explaining the purpose of and reasoning behind this order, which we support. As the noble Lord said, the regulations exempt persons riding in an ambulance from the requirement to wear a seat belt while providing emergency medical attention or treatment to a patient for whom such treatment cannot be delayed. Indeed, one assumes that in reality ambulance personnel have been ignoring the existing regulation in these circumstances since, I am sure, they put the welfare and indeed the survival of their patients ahead of abiding by seat belt regulations—and ahead of their own personal safety. Not being in a position where seat belts can be worn places the safety of ambulance personnel in jeopardy if the ambulance itself is involved in a road accident or incident either directly or indirectly. I assume that the purpose of the order is to regularise a situation that I imagine has existed on almost a daily basis.

I would be grateful if the Minister could confirm—I am sure that the answer will be “yes”, given what is set out in the Explanatory Memorandum to the regulations—that this measure has also received the support of the trade unions which represent ambulance personnel.

Perhaps I may also take what is to an extent a liberty by raising another point. I hasten to say that I do not expect the Minister to respond to it today since I accept that, while it relates to an aspect of wearing seat belts, it is not one that even I could argue is covered by these regulations. It would be helpful if the Minister could let me know in due course either what decision the Government have made, or when they expect to make a decision, following a consultation in 2011 on the implementation and method of enforcement of the 2003 EU directive requiring children aged three and up to 14 travelling in a coach to wear seat belts. As I say, I appreciate that I am taking a bit of a liberty in raising this issue now, but if the Minister is subsequently able to give me the answer, I shall be extremely grateful to him. Again, we support the order before the Committee.

[Lord Popat]

I thank the noble Lord, Lord Rosser, for supporting the order. The noble Viscount, Lord Simon, asked a question about St John Ambulance. These regulations apply the definition of “motor ambulance” in Regulation 3(2) of the Road Vehicles (Construction and Use) Regulation 1986. A motor ambulance is defined as a purpose-built motor vehicle which is specifically constructed and equipped for medical purposes. I am pleased to say that that applies to St John Ambulance.

The noble Lord, Lord Rosser, asked what paramedics do at the moment when they need to provide treatment. Obviously, they do an excellent job. Given the imperative for paramedics to preserve life and give treatment to the patient in the ambulance, we understand that they will carry out treatment using their judgment and will remove their seat belt if necessary. I am glad they have that exemption now so that whatever work they do will be legal.

The noble Lord, Lord Rosser, also raised the outstanding issue of buses and coaches having seat belts for children under 14. This legislation took a long time to come here because we had to get permission from the European Union. Legislation requiring that seat belts are worn by children under 14 is being prepared by the Department for Transport and will be presented to the House for consideration when it is finalised and cleared.

I hope that I have answered all the questions. I will certainly look at Hansard and, if I have left anything out, I will be very happy to write to noble Lords.

[Lord Rosser]

I raised a question that relates to the order. It was about whether trade unions representing ambulance personnel supported the change. I am sure they did, but perhaps the Minister can confirm that.

[Lord Popat]

There was widespread consultation on this—a 12-week consultation about changes to specific exemptions, which closed in February 2103. A wide range of stakeholders responded, including representatives from the ambulance service and road safety groups. There was also widespread support for the proposal across all stakeholder groups. I guess that “all stakeholders groups” would include the CBI and the TUC.

I hope that I have addressed all the questions. As I said earlier, I will be very happy to look at Hansard and, if I have left anything out, I will respond.

Motion agreed.