Facts
The case concerns the transport of an injured patient by an ambulance driver, D., who used blue lights without a two-tone warning siren during an emergency run on the highway. The patient had suffered a left knee trauma and was in shock. The ambulance driver was fined for misuse of blue lights, but was acquitted on appeal. The Staatsanwaltschaft of the canton of Aargau lodged a nullity appeal with the Federal Court.
The facts took place on January 20, 1986, when the ambulance driver transported the patient from a doctor in St-Moritz to the hospital in Bern. He used blue lights over a distance of approximately 3 km on the highway, at a speed of 110-120 km/h. The police checked the speed of the ambulance and found that the two-tone warning siren had not been used.
Considerations
The Federal Court examined the question of whether the use of blue lights without a two-tone warning siren during an emergency run was justified. The law regulates the use of warning signals, but does not clearly specify the conditions under which blue lights can be used without a two-tone warning siren.
The Federal Court considered that the urgency of the run is not only given in cases of mortal danger, but also in cases of injury requiring rapid hospital treatment. In this case, the patient had suffered a left knee trauma and was in shock, which justified the use of blue lights to ensure rapid and safe transport.
The Federal Court also examined the memorandum of the Federal Department of Justice and Police (FDJP)…