Question:
Can you guys perhaps help me with the following:
What does the law state regarding the registration of emergency/rescue vehicles equipped with sirens and lights iro who are allowed to operate these vehicles. The reason why I ask is that we are looking at a project that will be based on community work and currently face the dilemma of do we need to have paramedics on the vehicles or can it be first responders (first aid level 3) to assist until a paramedic arrives on scene.
We have three different levels of paramedics. The lowest one is a Basic Ambulance Assistant and the highest is Advanced Life Support. A Basic Ambulance Assistant registered with the Health Professions Council is categorised as supervised practice. This means that the person must be supervised by a level above his qualification.
We need to establish if a first responder is allowed to have a vehicle registered as an emergency vehicle and respond to scenes. I am not sure if there is a specific act governing who can register their vehicles and what the level of expertise should be on the emergency vehicle.
Answer:
The Law has been changed last November to make provision for medical and fire fighting vehicles as well. The amendments to Section 75 gives the Minister the power to formulate regulations as well pertaining to these vehicles- something which has not yet been done.
Sec 58. Failure to obey road traffic sign prohibited
(1) Subject to subsection (3), no person shall, unless otherwise directed by a traffic officer, fail to comply with any direction conveyed by a road traffic sign displayed in the prescribed manner.
(2) In any prosecution for a contravention of or a failure to comply with a provision of subsection (1), it shall be presumed, in the absence of evidence to the contrary, that the road traffic sign concerned was displayed by the proper authority under the power conferred by this Act and in accordance with its provisions.
(3) The driver of a fire-fighting vehicle, a fire-fighting response vehicle, a rescue vehicle, an emergency medical response vehicle or an ambulance who drives such vehicle in the performance of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995), who drives a vehicle in the carrying out of his or her duties or any person issued with the necessary authorisation and driving a vehicle, may disregard the directions of a road traffic sign which is displayed in the prescribed manner: Provided that—
(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and
(b) in the case of any such fire-fighting vehicle, fire-fighting response vehicle, rescue vehicle, emergency medical response vehicle, ambulance or any vehicle driven by a person issued with the necessary authorisation, such vehicle shall be fitted with a device capable of emitting a prescribed sound and with an identification lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in disregard of the road traffic sign.
Sec 60. Certain drivers may exceed general speed limit
Notwithstanding the provisions of section 59, the driver of a fire-fighting vehicle, a fire-fighting response vehicle, a rescue vehicle, an emergency medical response vehicle or an ambulance who drives such vehicle in the carrying out of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995), who drives a vehicle in the carrying out of his or her duties or any person issued with the necessary authorisation and driving a vehicle, may exceed the applicable general speed limit: Provided that—
(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and
(b) in the case of any such fire-fighting vehicle, fire-fighting response vehicle, rescue vehicle, emergency medical response vehicle, ambulance or any vehicle driven by a person issued with the necessary authorisation, such vehicle shall be fitted with a device capable of emitting a prescribed sound and with an identification lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in excess of the applicable general speed limit.
Sec 75 addition
(zF) those vehicles which shall be classified as an ‘emergency medical response vehicle’.