Road Traffic Regulation Act 1984, section 87

Exemption of fire brigade, ambulance and police vehicles from speed limits

Part VI Speed Limits

[F491 (1)F491] No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for [F492fire and rescue authorityF492] , for ambulance purposes or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.

[F493 (1A)Subsection (1) above applies in relation to a vehicle that, although not being used for ambulance purposes, is being used for the purpose of providing a response to an emergency at the request of an dfnNHS ambulance service.

(1B) In subsection (1A), “an NHS ambulance service” means—

(a)an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;

(b)an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;

(c)the Scottish Ambulance Service Board.F493]

[F494 (2)Subsection (1) above applies in relation to a vehicle being used—

(a)for [F495 National Crime AgencyF495] purposes, or

(b)for training persons to drive vehicles for use for [F495 National Crime AgencyF495] purposes,

as it applies in relation to a vehicle being used for police purposes.

(3)But (except where it is being used for training the person by whom it is being driven) subsection (1) above does not apply in relation to a vehicle by virtue of subsection (2) above unless it is being driven by a person who has been trained in driving vehicles at high speeds.F494]

Definitions used in section 87 4

statutory

“statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);

Defined in s.142(1) · see it in the full Act
motor vehicle

(1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages) , “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.

Defined in s.136(1) · see it in the full Act

(1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages) , “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.

Defined in s.136(1) · see it in the full Act
drive

“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;

Defined in s.142(1) · see it in the full Act
driving

“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;

Defined in s.142(1) · see it in the full Act

Cases considering section 87 8

Craggy v Chief Constable of Cleveland Police

[2009] EWCA Civ 1128 · 6 October 2009Limits

Section 87 was treated as permitting the police driver to exceed the speed limit while responding to an emergency, but only as a speed-limit exemption; it did not remove the ordinary duty of reasonable care. (see paras [4]; [11])

Keyse v Commissioner Of Police For Metropolis & Anor

[2001] EWCA Civ 715 · 18 May 2001

The court confirmed that the emergency-vehicle exemption from speed-limit offences did not sanction negligent driving or indemnify the driver against civil liability. The duty to take reasonable care remained undiminished.

Warsama v London Fire Brigade

[2020] EWHC 718 (QB) · 25 March 2020Limits

Section 87 disapplies the statutory speed limit for an emergency vehicle, but does not remove the driver’s duty to exercise care and skill proportionate to the speed at which the vehicle is driven. (see para [54])

What each judgment says about section 87 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F491S. 87 renumbered (E.W.) (1.1.2006) as s. 87(1) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 42(2); S.I. 2005/3495, art. 2(1)(l)
  2. F492Words in s. 87 substituted (E.W.) (1.10.2004 for E., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 53, 61, Sch. 1 para. 55; S.I. 2004/2304, art. 2(2) (subject to art. 3); S.I. 2004/2917, art. 2
  3. F493S. 87(1A)(1B) inserted (26.5.2015) by Deregulation Act 2015 (c. 20), ss. 50(4)(5), 115(3)(d)
  4. F494S. 87(2)(3) added (E.W.) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 42(3); S.I. 2005/3495, art. 2(1)(l)
  5. F495Words in s. 87(2)(a)(b) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 29(2); S.I. 2013/1682, art. 3(v)

Modifications

  1. C253S. 87 modified (temp.) by 2012 asp 8 sch. 7 para. 54 (as modified) (S.) (1.4.2013) by The Police and Fire Reform (Scotland) Act 2012 (Commencement No. 4, Transitory and Transitional Provisions) Order 2013 (S.S.I. 2013/51), arts. 1(1), 4 (with transitional provisions and savings in S.S.I. 2013/121)

Extent

  1. E3This version of this provision extends to England and Wales only; a separate version has been created for Scotland only