New South Wales Consolidated Regulations

ROAD RULES 2014 - REG 78-1

78-1 NSW rule: Approaching or passing stationary emergency response vehicles

(1) A driver approaching a stationary emergency response vehicle on a road that is displaying a flashing blue or red light or, in relation to a tow truck or motor breakdown service vehicle, a flashing yellow light must give way to any person who is on foot in the immediate vicinity of the vehicle.

: Maximum penalty--20 penalty units.

Note :
"Approaching" is defined in the Dictionary.

(2) If a stationary emergency response vehicle on a road is displaying a flashing blue or red light or, in relation to a tow truck or motor breakdown service vehicle, a flashing yellow light, a driver must not drive past the vehicle unless--

(a) where the speed limit applying to the driver for the length of the road does not exceed 80 kilometres per hour--the driver does not exceed 40 kilometres per hour when passing the stationary emergency response vehicle, or

(b) where the speed limit applying to the driver for the length of the road exceeds 80 kilometres per hour--the driver--

(i) passes the stationary emergency response vehicle at a reasonable speed having regard to the conditions, and

(ii) ensures that there is sufficient distance between the driver's vehicle and the emergency response vehicle to allow the driver to safely avoid a collision with a person in the immediate vicinity of the emergency response vehicle, and

(iii) if the road is a multi-lane road--vacates the lane nearest the emergency response vehicle.

: Maximum penalty--20 penalty units.

(2A) Subrule (2)(b)(iii) does not require a driver to vacate the lane nearest the emergency response vehicle if it is unsafe to do so.

(3) A driver who drives past a stationary emergency response vehicle on a road that is displaying a flashing blue or red light or, in relation to a tow truck or motor breakdown service vehicle, a flashing yellow light must not increase speed until the driver is at a sufficient distance from the vehicle so as to avoid causing a danger to any person in the immediate vicinity of the vehicle.

: Maximum penalty--20 penalty units.

(4) A driver does not commit an offence under this rule if the driver is driving on a road that is divided by a median strip and the emergency response vehicle is on the other side of the road beyond the median strip.

Note :
"Median strip" is defined in the Dictionary.

(5) This rule applies to a driver despite any other rule of these Rules.

(6) In this rule--

"emergency response vehicle" means the following--

(a) a vehicle being used by--

(i) the NSW Police Force, or

(ii) the Ambulance Service of NSW, or

(iii) Fire and Rescue NSW (including a fire brigade within the meaning the Fire Brigades Act 1989 ), or

(iv) the NSW Rural Fire Service, or

(v) the NSW State Emergency Service, or

(vi) Transport for NSW, or

(vii) the Transport Management Centre, or

(viii) the NSW Volunteer Rescue Association, or

(b) a tow truck,

(c) a motor breakdown service vehicle.

Note : This rule is an additional NSW rule. There is no corresponding rule in the Australian Road Rules .