Russell Curwen: blood bike courier unknowingly used blue lights and siren illegally when he died after hitting car while going through red light

A blood bike courier who died after hitting a car whilst going through a red light was unbeknown to him using blue lights and a siren illegally, according to the Transport Secretary. Volunteer Russell Curwen, 49 was transporting blood between hospitals on his red and yellow liveried BMW E1200 'blood bike' one evening in May 2018.

While travelling through an A-road junction on a red light using his fitted blue sirens and lights he collided with a Jaguar on Caton Road close to the A683 junction with the Bay Gateway in Lancaster and was airlifted to hospital, where he later died. Mr Curwen from Kendal in Cumbria, had been a volunteer for the North West Blood Bikes (NWBB) since 2016.

Three new blood bikes have been named in his honour, whilst the Royal Lancaster Infirmary has a Russell Curwen Blood and Science Laboratory and the city also hosts The Russell Curwen Memorial Games. A convoy of about 500 motorcyclists joined the funeral cortege before his funeral service at Kendal Parish Church in 2018.

What did Russell Curwen’s inquest conclude?

The inquest concluded that the Jaguar was travelling at 34mph at the time of the collision but had recently braked and had it been going slower might have had more time to adjust to the bike. The Jaguar driver, a 65 year old man from Morecambe, suffered minor injuries and was also taken to hospital.

During the inquest, the coroner James Newman wrote to the Transport Secretary asking for 'clarification' as to 'what constitutes an emergency' and whether current legislation allowing couriers exemptions from traffic laws requires modification. However, the then Transport Secretary Grant Shapps said Mr Curwen had made an 'incorrect interpretation of the regulations' in assuming he could use emergency lights and sirens.

Mr Shapps, who is now the Secretary of State for Energy Security and Net Zero, said Mr Curwen's 'tragic' death seemed to him to be one in which 'existing laws were contravened, rather than where the existing regulations are inadequate'. The MP for Welwyn Hatfield in Hertfordshire added that the fitting of blue lights and a siren, as well as the running of the red light by Mr Curwen, had all been 'unlawful'. Mr Shapps also said a previous application for exemptions by the Nationwide Association of Blood Bikes (NABB) had been rejected, and there were 'no plans' for that to change.

What did the coroner say about Blood Bikes?

Mr Newman said: "Mr Curwen, a volunteer with the North West Blood Bikes, was transporting blood samples from five patients at the Westmoreland General Hospital to the out-of­ hours biochemistry unit at the Royal Lancaster Infirmary. He was riding a BMW red and yellow liveried blood bike R1200, equipped with blue flashing lights and sirens.

"At around 19:45, he was riding his bike along the A6 Caton Road, Lancaster, using the fitted sirens and lights. Whilst travelling through the junction of the A683 and A589 he travelled through a traffic light, against the lights, colliding with a vehicle travelling through the lights, causing injuries that proved fatal later at the Royal Lancaster Infirmary."

Outlining his concerns, Mr Newman said he feared that future similar deaths could occur 'unless action is taken'. He said: "The samples being transported by Mr Curwen were routine in nature, transported under a contract of courier services. During the transfer lights and sirens fitted to the motorcycle provided by the NWBB were activated.

"The current legislation, as I understand, provides exemptions to speed limits and permits the use of emergency lighting. There is no definition of what constitutes an emergency and in the cases of courier services no apparent auditable or coordinated determination of what is classified as an emergency in these cases.”

Mr Newman concluded that clarification was necessary as to whether couriers transporting blood around the country constituted an emergency, allowing them to use their blue lights and sirens. He called for a change in legislation to reflect whether or not the blood bikes should be fitted with emergency lights and a siren.

What Grant Shapps say about Russell Curwen?

Mr Shapps told Mr Newman he had been misinformed, and that although the NABB had in the past suggested they were entitled to use blue lights and sirens, the Department for Transport did not agree with this assessment. Mr Shapps wrote: "I would like to extend my deepest sympathies to the family, friends and colleagues of Russell Curwen for this tragic loss.

"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 nonexistent."

Mr Shapps went on to state that although the NABB had previously applied for exemptions such as blue lights and sirens, their application had been rejected by his department and 'no plans' to extend the exemptions to courier services such as the blood bikes were in place. He added: "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.

"The NABB did apply for exemptions, but the application was considered inadequate in terms of justification, primary purpose, and proportionality. In addition, their recordkeeping and governance was considered inadequate.

"The primary role of blood bike organisations like NWBB 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.

"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. Mr Curwen does not appear to have been tasked to an emergency.

"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."

Though the Area Coroner for Lancashire and Blackburn with Darwen Mr Newman's Prevention of Future Deaths report and Mr Shapp's response were both written in 2020, they have only just been published. The inquest was concluded in December 2021.