Russell Curwen

From the Secretary of State 
The Rt. Hon. Grant Shapps MP 

Great Minster House 
33 Horseferry Road 
London 
SW1P 4DR 

Web site: www.gov.uk/dft 

Mr. James Newman 
Her Majesty’s Coroner for Lancashire and Blackburn with Darwen 
2 Faraday Court 
Faraday Drive 
Fulwood 
Preston 
Lancashire PR2 9NB 

Dear Mr Newman, 

10 December 2020 

Response to HM Coroner’s Regulation 28 Report to Prevent Future Deaths in 
Connection with the Inquest into the Death of Mr. Russell Curwen. 

I acknowledge your report to prevent future deaths, and the requirement to provide a 
response.  I wish to thank you for raising these important issues and for allowing an 
extended period to prepare this report. 

I would like to acknowledge the excellent voluntary work done by blood bike groups across 
the country in support of the NHS, and extend my deepest sympathies to the family, 
friends and colleagues of Russell Curwen for this tragic loss. 

I propose to respond to your report by setting out some general observations pertinent to 
this case and follow on by addressing specific points you have raised.  In support of this 
the specific legislation is explained in more detail in the appendices to this letter. 

Emergency response driving may be defined as using blue lights and audible warning 
systems to facilitate progress through traffic, and making use of qualified exemptions to 
road traffic provisions such as speed, red traffic lights and keep left / right signs.  Such 
driving carries with it an increased risk for both emergency personnel and other road users 
over normal driving, because the responding vehicle will be travelling faster than expected, 
in unexpected positions on the road, and performing unexpected manoeuvres.  Therefore, 
emergency driving must always be proportional to and justified by the risk to individual or 
public safety.   It is essential that the use of blue lights and sirens retain public confidence 
and their impact on other road users. 

The current position of my Department is opposed to extending exemptions to road traffic 
laws, and the proliferation of sirens and reserved colour warning lights, unless both 
necessary to and justified by the primary use of any relevant vehicle.  It is recognised that 
emergency response driving is a perishable skill; it sits best with those using that skill on a 
frequent basis and with sound training, governance and oversight. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Appropriate training, record keeping, command and control systems, supervision and 
governance are essential elements for any emergency service entitled to rely upon speed 
and traffic sign exemptions, both to ensure accountability and public safety, and prevent 
abuse. 

On the information provided, this incident would appear to be one where existing laws 
were contravened, rather than where the existing regulations are inadequate.  The fitment 
and use of blue lights and sirens, and the contravention of the red traffic light, all appear to 
be unlawful on the information provided, and neither part of providing a response to an 
emergency at the request of an NHS Ambulance Service nor enabled by other legislation.   
Established governance and oversight procedures were therefore circumvented or non-
existent. 

Legislation provides for vehicles being used for specific purposes to have qualified 
exemptions from the requirement to obey speed limits, and certain traffic signs, including 
red traffic lights, where to observe them would hinder that purpose.  Blood bikes do not 
have any such exemptions, or the authority to fit and use emergency warning equipment, 
and there are no plans for that to change.  The Nationwide Association of Blood Bikes has 
in the past suggested that they are entitled to fit blue lights as vehicles “primarily used for 
the purposes of conveying any human tissue for transplanting or similar purposes”.  We do 
not agree with this interpretation but it has not yet been tested in court. 

Work is in hand to commence section 19 Road Safety Act 2006 (which will substitute 
section 87 Road Traffic Regulation Act 1984) to introduce a regulation-making power to 
mandate a minimum driver training standard before any speed exemption may be claimed.  
It is intended that associated regulations will also create new narrowly-defined speed limit 
exemption purposes and further clarify and update existing traffic sign, blue light and siren 
regulations. 

All  exemptions  to  speed  limits  and  traffic  signs  and  lights  incorporate  a  necessity  test 
whereby any person claiming an exemption to a provision must show that observance of the 
relevant  provision  would  hinder  the  purpose  to  which  the  vehicle  was  being  put  at  the 
relevant time.  Although such exemptions are not available to blood bikes, even if they were, 
there appears to have been no justification in their use for  a routine courier movement of 
blood samples for analysis as described.  Exemptions to traffic lights and keep left/right signs 
are qualified; the vehicle must not proceed beyond the sign in such a manner or at such a 
time as to be likely to endanger any person.  In addition, with regards to red traffic lights, the 
vehicle  must  not proceed  beyond  the  stop  line  in  such a manner or at  such  a  time as  to 
cause  the  driver  of  another  vehicle  to  change  its  speed  or  course  in  order  to  avoid  an 
accident.  

I  will  write  to  the  Department  for  Health  and  Social  Care,  to  ask  that  NHS  Trusts  are 
reminded of the existing legislation.  I  will also ask the National Police Chief’s Council to 
consider developing a specific enforcement strategy to counter unlawful use of emergency 
warning equipment. 

I  will  ensure  that  this  regulation  28  report,  and  findings  from  the  ongoing  inquest,  will  be 
considered  by  officials  working  on  the  relevant  legislation,  and  where  appropriate 
incorporated into the ongoing development of the High Speed Driver Training Regulations, 
Speed Limits Exemptions Regulations and Code of Best Practice under the amended Road 
Traffic Regulation Act 1984.  

Moving  on  to  address  the  specifics  of  this  case,  I  would  advise  that  the  existing  law  is 
considered robust but will be further clarified and developed when the amendments made 
by section 19 Road Safety Act 2006 are commenced.  Although this received Royal Assent 
in  2006,  complex  technical  issues  related  to  its  associated  secondary  legislation,  around 
both exemptions and training requirements, have delayed its commencement.  Those issues 

 
 
 
 
 are  being  resolved  and  I  expect  the  draft  regulations  will  go  to  final  public  consultation 
shortly. 

As stated above, “Blood Bikes” such as those provided by North West Blood Bikes cannot 
benefit from road traffic exemptions or authority to fit sirens.  Their claim to the right to fit 
blue lights has not been tested in court and in the absence of a judgement I consider it an 
incorrect interpretation of the regulations.  Enforcement and / or prosecution is a matter for 
police and the Crown Prosecution Service. 

The  Nationwide  Association  of  Blood  Bikes  (NABB)  did  apply  for  exemptions  under  the 
amendments  to  be  made  to  section  87  Road  Traffic  Regulation  Act  1984  and  relevant 
regulations by section 19 Road Safety Act 2006. The application was considered inadequate 
in  terms  of  justification,  primary  purpose,  and  proportionality.    In  addition,  their  record-
keeping  and  governance  was  considered  inadequate.    The  primary  role  of  blood  bike 
organisations like North West Blood Bikes is to provide a free courier service to the NHS in 
lieu  of  minicabs  and  commercial  courier  companies.    The  responsibility  of  resupplying  a 
hospital blood bank when supplies of a particular type are running low lies with NHS Blood 
and Transplant who have confirmed they are satisfied with the current legal position.   The 
majority of Blood Bike groups do not purport to offer any emergency response service.  Not 
all blood bike groups fit blue lights.  The NABB application was not supported by NHS Blood 
and  Transplant.    There  are  no  plans  to  grant  “Blood  Bikes”  or  medical  courier  services 
exemptions to traffic laws similar to the three statutory emergency services or such as are 
allowed to NHS Blood and Transplant, and no support for such a facility has been offered 
by the Department for Health and Social Care. 

In response to the very specific questions you have asked I offer the following answers: 

1)  If Mr. Curwen had been tasked to an emergency by an NHS Ambulance Service our 
understanding is that a proper record would have been made.  Mr. Curwen does not 
appear to have been tasked to an emergency.  The tasking to routine courier work 
does not appear to have been made by an NHS Ambulance Trust.  The various 
changes introduced by s50 Deregulation Act 2015 do not therefore appear to be 
applicable. 

2)  NHS Ambulance Services have the appropriate training, experience, command and 

control processes, and policies, to determine whether an incident is both an 
emergency and requiring an urgent response.  Should the inquest determine any 
basis for suggesting that Mr. Curwen was providing a lawful response to an 
emergency at the request of an NHS Ambulance Service, further consideration will 
be given to additional guidance and amending regulations. 

3)  If existing laws and procedures had been followed, and had this incident been a 
genuine emergency, Mr. Curwen would have been subject to a proper degree of 
supervision and review by an NHS Ambulance Service. 

4)  Section 19 Road Safety Act 2006 once commenced will allow regulations to 

introduce a national minimum standard for response driver training before any 
speed limit exemptions may be claimed.  The delivery of this secondary legislation 
has been delayed but a final public consultation is now being prepared before laying 
the regulations before Parliament.  The compulsory minimum standard for response 
motorcycle riders will be a three-week (120 hour) course of advanced practical 
riding and emergency response skills, which broadly mirrors current police and 
ambulance service national requirements.  An associated Code of Best Practice will 
clarify many of the issues raised by HM Coroner and ongoing findings from this 
inquest will also be considered. 

 
 
 
 
 I am grateful for the opportunity to respond to these important issues on behalf of Her 
Majesty’s Government.  I have instructed my officials to assist HM Coroner throughout the 
ongoing proceedings. 

Yours sincerely,  

Rt. Hon. Grant Shapps MP 

SECRETARY OF STATE FOR TRANSPORT