Buckoke v Greater London Council (GLC) [1971] 2 All ER 254, [1971] Ch 655
- Lord Denning MR
- Court of Appeal, England and Wales
- Defence of necessity; criminal law
The case of Buckoke v Greater London Council [1971] Ch 655 addressed the legal obligations of emergency vehicle drivers, particularly fire engine drivers, when confronted with red traffic signals during emergency responses.
Background (Buckoke v GLC)
The Greater London Council (GLC) issued Brigade Order No. 144/8, instructing fire engine drivers responding to emergencies to:
• Stop at red traffic lights.
• Assess the traffic conditions.
• Proceed through the red light only when it was safe, using audible and visual signals to alert other road users.
The Fire Brigades Union contested this order, arguing that it effectively encouraged drivers to violate traffic laws, which mandated strict adherence to traffic signals.
Legal Issue
The central question was whether the GLC’s directive was lawful, given that traffic regulations required all drivers, including those of emergency vehicles, to comply with traffic signals.
Court of Appeal Decision (Buckoke v GLC)
The Court of Appeal upheld the GLC’s directive. Lord Denning MR acknowledged that, according to the strict letter of the law, fire engine drivers were obligated to obey traffic signals. However, he recognized the practical necessity for drivers to sometimes proceed through red lights during emergencies to save lives. He noted that while such actions might technically constitute a legal violation, they should not lead to prosecution. Instead, drivers acting in good faith under emergency circumstances should be commended rather than penalized.
Lord Denning presented a hypothetical scenario:
“A driver of a fire engine with ladders approaches the traffic lights. He sees 200 yards down the road a blazing house with a man at an upstairs window in extreme peril. The road is clear in all directions. At that moment the lights turn red. Is the driver to wait for 60 seconds or more for the lights to turn green? If the driver waits for that time, the man’s life will be lost.”
He stated that although the law did not formally recognize a defense of necessity in this context, a driver acting in such circumstances should not be prosecuted but rather commended for their prompt response.
Implications
This case highlighted the tension between strict legal adherence and practical exigencies faced by emergency services. It underscored the need for legal reforms to provide clear guidelines and protections for emergency responders.
List of references:
- https://swarb.co.uk/buckoke-v-greater-london-council-ca-1971/
- https://www.e-lawresources.co.uk/buckoke-v-glc-1971
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