8.3 Collision Procedures & Legal Reporting Duties

8.3 Collision Procedures & Legal Reporting Duties

No matter how experienced, skilled, or defensive a professional PCV driver is, collisions can occur due to complex traffic environments, adverse weather conditions, third-party negligence, or mechanical failures. Operating a vehicle that may weigh in excess of 18 tonnes and carry dozens of passengers creates immense legal, commercial, and ethical responsibilities. Following any collision, the driver must shift instantaneously from a vehicle pilot to a disciplined incident scene manager. The law establishes rigorous criminal statutory duties under the Road Traffic Act 1988, while operating companies, insurers, and Traffic Commissioners mandate comprehensive procedures to safeguard passenger welfare, protect scene integrity, and preserve legal evidence.

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Statutory Framework: Section 170 Road Traffic Act 1988

The cornerstone of UK road collision legislation is Section 170 of the Road Traffic Act 1988. Every professional driver must understand these statutory requirements with complete precision, as failure to comply constitutes a serious criminal offence that frequently results in driver licence revocation, heavy fines, and potential imprisonment.

  [ COLLISION OCCURS INVOLVING A MOTOR VEHICLE ]
                         │
                         ▼
  Did it cause: Injury to any person / Damage to other vehicle,
  property, or specified domestic animal (dog, horse, cattle, etc.)?
                         │
        ┌────────────────┴────────────────┐
        ▼                                 ▼
      [ YES ]                           [ NO ]
        │                                 │
  STOP IMMEDIATELY!              Continue service safely
  Must remain at scene.
        │
        ▼
  Are persons having reasonable grounds present to exchange details?
        │
        ├─────────────────────────────────┐
        ▼                                 ▼
      [ YES ]                           [ NO ]
  Exchange: Name, Address,       MUST report in person to Police
  Reg Mark, Operator Details     Station or Constable as soon as
  (and Insurance if injury).     practicable, within 24 HOURS MAX.

1. When Does Section 170 Apply?

Section 170 applies whenever an accident occurs owing to the presence of a motor vehicle on a road or other public place, whereby:

• Personal injury is caused to any person other than the driver of that vehicle (this explicitly includes any onboard bus/coach passengers, pedestrians, cyclists, motorcyclists, or third-party vehicle occupants);
• Damage is caused to another vehicle (whether moving, stationary, or parked);
• Damage is caused to an animal belonging to another person; or
• Damage is caused to any roadside property constructed on, fixed to, growing in, or adjacent to the roadway (e.g., street lamps, traffic signals, bus shelters, safety barriers, brick walls, telegraph poles, or domestic hedges).

The Legal Definition of "Animal"

Under Section 170(8), the statutory definition of an animal is strictly limited to:

• Dog, Horse, Cattle, Ass, Mule, Sheep, Pig, or Goat.

[!NOTE] Hitting a domestic cat, a badger, a fox, a wild deer, or a pheasant does not trigger a statutory legal duty under Section 170 to stop or report to the police. However, company operating procedures universally dictate that striking any large animal (such as a deer) must be reported to depot control due to potential steering, air brake pipe, or bodywork damage.

2. The Mandatory Duty to STOP

Under Section 170(2), the driver of the motor vehicle MUST STOP immediately.

• Stopping does not mean pausing for two seconds and driving away; the driver must bring the vehicle to a halt as close to the scene as safely possible and remain stationary for long enough to allow anyone having reasonable grounds to require particulars to approach the driver.
• Failing to stop is an arrestable criminal offence under Section 170(4), carrying an endorsement of 5 to 10 penalty points, discretionary or mandatory driving disqualification, and up to 6 months' imprisonment.

3. Exchange of Particulars at the Scene

If someone with reasonable grounds is present (e.g., the owner of the damaged vehicle, an injured person, a property owner, or a police officer), the driver must give:

1. The driver's own full name and home address;
2. The name and address of the vehicle owner / operating company;
3. The vehicle registration mark (number plate); and
4. If personal injury is caused to any party, the driver must produce a valid certificate of motor insurance or provide insurance policy particulars.

4. The 24-Hour Police Reporting Rule

If for any reason the driver does not give their name and address to a person entitled to receive them at the scene (for example, if the collision involved an unattended parked car, an empty roadside fence, or if the third-party driver drove off without stopping), the driver MUST report the collision in person to a police station or to a police constable:

• The statute mandates reporting "as soon as reasonably practicable, and in any case within 24 hours of the occurrence."
• Reporting "within 24 hours" is a statutory longstop limit; a driver cannot wait 23 hours if a police station was accessible earlier.
• Reporting by telephone (e.g., dialing 101) does not satisfy the strict letter of Section 170 unless an official incident reference number is issued and local force policy explicitly accepts telephone logging for non-injury collisions. Where personal injury is sustained, personal reporting with certificate production is mandatory.

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Scene Safety & Preventing Secondary Collisions

The moments immediately following an impact are fraught with extreme danger. Stationary vehicles on active highways create instant obstructions that frequently trigger catastrophic secondary collisions from trailing traffic.

  [ 1. SECURE VEHICLE ] ===> Parking brake on, Neutral, Hazard warning lights on,
                             engine switched off (master switch if fuel leaking).
         │
  [ 2. DON PPE ]        ===> Put on EN ISO 20471 Class 3 high-visibility jacket
                             BEFORE stepping onto carriageway.
         │
  [ 3. SCENE SCAN ]     ===> Assess live traffic, downed power lines, fuel spills,
                             fire risks, stability of vehicles.
         │
  [ 4. PASSENGERS ]     ===> Reassure saloon, triage injuries, decide whether to keep
                             passengers inside (safe shell) or evacuate.

1. Securing the Vehicle

• Bring the bus to a complete standstill in the safest available position.
• Firmly apply the spring parking brake.
• Shift transmission to Neutral and switch off the engine to prevent accidental throttle engagement or cooling fan rotation.
• Turn on four-way hazard warning lights.
• If fuel leaks (diesel or petrol) are detected, trip the battery master isolation switch to extinguish all live electrical circuits and eliminate spark sources.

2. Personal Protective Equipment (PPE)

Before setting foot on the roadway, the driver must don a compliant high-visibility jacket or tabard conforming to BS EN ISO 20471 Class 3 (featuring retro-reflective bands across the torso, shoulders, and sleeves). Stepping into active urban traffic or a dark rural carriageway wearing dark uniform clothing makes the driver virtually invisible to oncoming motorists.

3. Scene Hazard Assessment

• Check for downed electrical cables, fractured gas mains, or compromised road structures.
• Inspect the road surface for diesel fuel spills. Diesel creates an ice-like slick that causes secondary motorcycle and car skids.
• If on a high-speed road, remember: never erect a warning triangle on a motorway (Rule 274). On standard single or dual-carriageway roads, a triangle may be placed at least 45 metres (147 feet) back only if safe to do so.

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Passenger Welfare Checks and Casualty Triage

A PCV driver has a duty of care towards every passenger on board. An impact that causes minor panel damage to a heavy bus body can transmit severe inertial shock through the saloon, throwing standing passengers to the floor and whipping seated passengers into seat backs.

Saloon Welfare Check Protocol

1. Vocal Reassurance: Stand in the cab or gangway and announce clearly: "Ladies and gentlemen, please remain seated where you are. We have had a minor collision. I am checking on everyone's safety. Please let me know immediately if you or anyone near you is injured."
2. Visual Saloon Sweep: Walk the length of the gangway (and upper deck on a double-decker). Check floor wells, the staircase, and priority seating areas.
3. Triage of Injuries:
   • Unconscious / Non-Breathing: Open airway, call 999 immediately, request an Automated External Defibrillator (AED).
   • Severe Bleeding: Apply direct pressure with a sterile dressing from the vehicle first-aid kit.
   • Suspected Spinal / Neck Injury: Instruct the casualty to keep their head and neck perfectly still. Do not move the casualty unless there is an immediate, catastrophic threat to life (such as an active vehicle fire).
   • Elderly & Vulnerable Travellers: Check for physiological shock (pale skin, shivering, confusion, rapid shallow breathing). Wrap in coats or foil survival blankets.

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Gathering Evidence, Witness Particulars & Digital Telematics

In modern passenger transport operations, road traffic collisions almost inevitably lead to civil insurance litigation, personal injury claims, and potential police prosecution. Professional drivers must gather objective, factual evidence at the scene.

  ┌──────────────────────────────────────────────────────────────┐
  │                COLLISION EVIDENCE COLLECTION                 │
  │                                                              │
  │  [Digital Telematics / CCTV] ── Press Event Marker Button    │
  │  [Third-Party Particulars]   ── Reg, Name, Address, Insurer  │
  │  [Independent Witnesses]     ── Roadside Bystanders, Cards   │
  │  [Scene Photography]         ── Gouges, Debris, Weather      │
  │  [Operator Report Form]      ── Objective Facts, No Blame    │
  └──────────────────────────────────────────────────────────────┘

1. Digital CCTV and Dashcam Preservation

Modern public service vehicles are equipped with multi-channel digital video recording (DVR) systems covering the front road view, driver cab, passenger entrance door, interior gangways, stairwells, and rear reversing views.

• The Circular Overwrite Hazard: DVR hard drives record on a continuous loop, overwriting the oldest footage every 24 to 72 hours.
• Event Tagging: Many cab consoles feature an emergency event marker or "CCTV Tag" button. The driver should press this button immediately following an impact. This writes a digital lock onto the corresponding video file, preventing it from being overwritten.
• Depot Notification: Report the exact vehicle running number, time, and date to depot engineering so the hard drive can be quarantined immediately.

2. Third-Party Vehicle and Occupant Details

Record the following data systematically:

• Vehicle registration mark, make, model, and colour;
• Third-party driver's full name, home address, and contact telephone number;
• Name of the third-party's insurance company and policy number;
• Exact count of occupants in the third-party vehicle (recording that only one driver was in the vehicle prevents fraudulent "phantom passenger" whiplash claims later).

3. Independent Witness Statements

• Distribute company Witness Cards to uninjured passengers before they disperse. Passenger testimony is vital, but courts place highest value on independent roadside witnesses (pedestrians, shopkeepers, or following motorists) who have no commercial or personal connection to the bus company.
• Obtain names, telephone numbers, and addresses of any roadside witnesses.

4. Photographic Evidence

If safe to do so, use a smartphone or depot camera to document:

• Relative positions of all vehicles prior to moving them;
• Points of vehicle impact and panel damage;
• Road surface conditions (wet, icy, mud, diesel spills);
• Tyre skid marks, gouge marks in the tarmac, and scattered debris fields;
• Traffic control devices (traffic lights, stop signs, priority road markings).

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Operator Incident Reporting: Objective Factual Statements

Before concluding their duty shift, the driver must complete the company's official Driver Collision Report Form.

The Golden Rule of Collision Reporting: Facts vs. Admissions

[!CAUTION] Under standard motor insurance policy terms and legal practice: NEVER ADMIT LIABILITY OR APOLOGIZE AT THE SCENE. An emotional apology (e.g., "I'm so sorry, I didn't see you!") can be entered into evidence as an admission of civil negligence. Be courteous, professional, and express concern for human welfare, but do not discuss fault or blame.

Report Writing Standards

• Write Objectively: State what occurred chronologically without emotional bias. Use precise measurements ("The car was stationary 15 metres ahead" rather than "The car stopped miles away").
• Speed and Conditions: Note your speed, gear, weather conditions, lighting, and road surface.
• Sketches: Draw a clear plan of the roadway showing street names, direction of travel, point of impact, and post-collision rest positions.

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Step-by-Step Collision Response Procedure

  [ 1. STOP & SECURE ]   ===> Stop immediately. Apply spring parking brake, shift to
                              Neutral, hazard warning lights on, engine off.
         │
  [ 2. DON HI-VIS ]      ===> Put on EN ISO 20471 Class 3 high-visibility jacket.
         │
  [ 3. SALOON CHECK ]    ===> Announce stop to passengers, conduct saloon sweep,
                              triage injuries, apply first aid if needed.
         │
  [ 4. CALL 999 / 101]   ===> If injuries, road blockage, or dispute: dial 999.
                              Otherwise, notify depot control via radio/mobile.
         │
  [ 5. EVIDENCE CAPTURE] ===> Tag CCTV footage, record 3rd-party reg/driver details,
                              count 3rd-party occupants, take scene photos.
         │
  [ 6. WITNESS CARDS ]   ===> Distribute witness cards to passengers and bystanders.
         │
  [ 7. REPORTING ]       ===> Exchange statutory particulars under S.170. If required,
                              report to police within 24h. Complete depot form.

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Case Scenario: Wet Urban Junction Collision

• Incident: Driver Colin is operating a double-deck bus carrying 32 passengers along a suburban high street during heavy rain. Approaching a signalized crossroads on a green light at 22 mph, a third-party car makes an abrupt, unsignalled right turn across Colin's path. Despite Colin executing progressive emergency braking, the front nearside corner of the bus impacts the passenger side of the car, pushing the car onto the pavement. Inside the bus, several seated passengers are jolted, and an elderly passenger standing near the bell push falls against the luggage pen stanchion, sustaining a cut forehead.
• Driver Actions:
  1. Stop & Secure: Colin brings the bus to a dead stop, applies the spring parking brake, engages neutral, turns on hazard lights, and cuts the engine.
  2. PPE: Colin dons his Class 3 high-visibility jacket from behind his cab seat before stepping out of the cab.
  3. Saloon Welfare & First Aid: Colin addresses the passengers: "Please stay seated. We have had a collision. I am checking everyone right now." He spots the bleeding passenger, retrieves the vehicle first-aid kit, provides a sterile pressure pad, and asks a calm passenger to hold it against the cut. He checks the upper deck—all occupants are uninjured.
  4. Emergency Calls: Colin calls 999, requesting an ambulance for the passenger's laceration and police attendance due to road blockage and injury.
  5. CCTV Preservation: Colin reaches into his cab console and presses the manual CCTV Tag switch, noting the exact timestamp (14:32) on his run card.
  6. Scene Assessment: Colin checks on the third-party driver, who is uninjured but shaken. Colin notes that the car has no other passengers.
  7. Particulars Exchange: Colin provides the third-party driver with his full name, operating company name, depot address, bus registration, and company insurance details. Colin records the car's registration, driver details, and policy number.
  8. Independent Witnesses: Colin approaches a pedestrian at a nearby bus shelter who saw the car cut across the junction and obtains her name and phone number.
  9. Police Attendance: Police and paramedics arrive. Paramedics treat the passenger. The police officer takes Colin's statement and verifies his PCV licence and insurance. Because details were fully exchanged and police attended the scene, Colin does not need to attend a police station later, but he completes a comprehensive factual report at the depot before going off duty.