Today’s news from Victoria involves a tragic, fatal, multiple vehicle accident on a Melbourne freeway – see ‘Petrol tanker crash, rollover on Calder Freeway’ Herald Sun; and; see also ‘Calder Freeway crash: One dead after petrol tanker rolls, fuel spilt’ ABC News (Online).
A correspondent who was there says:
I was in the vicinity of the area and on my drive into work I observed 2 VicRoads vehicles attempting to get to the scene. In this instance, both were unmarked (Though they do have marked vehicles as well). They were both using their purple and white strobe lights, but I didn’t hear any sirens. There seemed to be confusion among other drivers- they’re not red and blue as people would expect, and I noticed a lot of people seemed to just ignore them.
Where do VicRoads fit in with the Regs in relation to emergency vehicles and the use of lights and sirens?
The relevant rules are the Road Safety Road Rules 2009 (Vic). On this blog we have often discussed the application of the road rules to emergency vehicles (ambulances, fire appliances etc) but a VicRoads vehicle is not an emergency vehicle. For the purposes of the Victorian rules it is an ‘enforcement vehicle’ (Road Safety Road Rules 2009 (Vic) r 4).
Drivers of other vehicles have an obligation to move out of the path, to keep out of the path and to give way to an enforcement vehicle that is displaying a flashing ‘magenta’ (ie purple) light (Road Safety Road Rules 2009 (Vic) rr 78 and 79). The driver of an enforcement vehicle has the same exemption from the road rules as a police officer or the driver of an ambulance (Road Safety Road Rules 2009 (Vic) r 306A), that is
A provision of these Rules does not apply to the driver of an enforcement vehicle … if –
(a) in the circumstances—
(i) the driver is taking reasonable care; and
(ii) it is reasonable that the rule should not apply; and
(b) if the vehicle is a motor vehicle that is moving—the vehicle is displaying a magenta flashing light or sounding an alarm.
Rules relating to parking and pedestrians also do not apply to enforcement workers when on the road in the course of their duties (Road Safety Road Rules 2009 (Vic) rr 307 and 308).
An enforcement vehicle may be fitted with a siren (Road Safety (Vehicles) Regulations 2009 (Vic) Schedule 2, cl 34) and ‘may be fitted with any light or reflector’ (Road Safety (Vehicles) Regulations 2009 (Vic) Schedule 2, cl 118).
Conclusion
The driver of an enforcement vehicle operating its magenta light and/or siren has the same right of way and exemptions as the driver of an ambulance, police vehicle or fire appliance. It follows that ‘to just ignore them’ is to commit an offence. Having said that, however, I don’t mean to suggest that anyone at this accident did commit an offence. Making way for the vehicles given the congestion would not have been easy, if it was possible at all and I certainly don’t know and can’t imagine the circumstances that everyone was facing. I would also expect that even if there was an offence, a police officer at the scene had more important things to do that try to write an infringement notice.
Australian Emergency Law 
Thanks Michael for the clarity.
Are Local Laws Officers deemed to be driving “enforcement vehicles” therefore also being exempt?
I infer that by Local Laws Officers you mean council inspectors who are enforcing local laws produced by Local Government.
The Road Safety Road Rules 2009 (Vic) defines ‘enforcement vehicle’ as
Assuming that what you mean by ‘Local Laws Officers’ does not include any of those persons enforcing any of those Acts then no, they are not driving ‘enforcement vehicles’.
A vicroads transport safety services officer wouldn’t require a police officer to issue an infringement notice due to the officers having more power and authority on the roads than the police. They can issue their own infringements including the loss of demerit points themselves.
That’s true but like a police officer at the scene they probably had more important things to do that try to write an infringement notice.
Do pilot vehicles displaying oversize load ahead and flashing yellow lights have the same exemptions as vicroads vehicles doing same type of work
This is moving outside the realm of emergency services so I’ll just quote the section. The ROAD SAFETY ROAD RULES 2017 (Vic) r 311 says:
Exemption for oversize vehicles
(1) A provision mentioned in subrule (2) does not apply to the driver of an oversize vehicle, or the driver of a pilot vehicle, as defined in regulation 5 of the Road Safety (Vehicles) Regulations 2009 or section 5 of the Heavy Vehicle National Law (Victoria), piloting an oversize vehicle, if—
(a) it is not practicable for the driver to comply with the provision; and
(b) the driver is taking reasonable care; and
(c) the driver is complying with any other relevant law relating to oversize vehicles, including the conditions of any permit or notice issued by the Corporation or the Regulator in relation to the oversize vehicle.
Note
Oversize vehicle is defined in the dictionary.
(2) For subrule (1), the provisions are as follows—
• Part 7 (Giving way), except—
– rule 67 (Stopping and giving way at a stop sign or stop line at an intersection without traffic lights);
– rule 68 (Stopping and giving way at a stop sign or stop line at other places);
– rule 69 (Giving way at a give way sign or give way line at an intersection (except at a roundabout));
– rule 70 (Giving way at a give way sign at a bridge or length of narrow road);
– rule 71 (Giving way at a give way sign or give way line at other places);
• Part 8 (Traffic signs and road markings), except—
– rule 102 (Clearance and low clearance signs);
– rule 103 (Load limit signs);
• rule 111(3) (which is about entering a roundabout from the right marked lane or line of traffic);
• rule 116 (Obeying traffic lane arrows when driving in or leaving a roundabout);
• Part 11 (Keeping left, overtaking and other driving rules);
• Part 12 (Restrictions on stopping and parking);
• rule 268 (How persons must travel in or on a motor vehicle);
• rule 288 (Driving on a path);
• rule 289 (Driving on a nature strip);
• rule 290 (Driving on a traffic island);
• rule 296 (Driving a vehicle in reverse);
• rule 297(2) (which requires a driver to have a clear view of the surrounding road and traffic).
It doesn’t distinguish between VicRoads or other pilot vehicles so unless there is another VicRoads exemption that isn’t listed in this rule (and I don’t know if there is or is not, nor am I going to try to find out) then yes the exemptions are the same.
A question about the roadworthiness of a police vehicle in Horsham, Victoria. I was attending the police station talking to the a Sargent. He was stating that the local panelvan used at the station did not have seats or seat belts because people would neck themselves with them (making a fist to denote, a noose and a face with his tongue out to denote, a dead person). Surely seatbelts have been mandatory in police van as in all automobiles. No seats, seat belts, no vision out (windows), quite low rear end, and no access to exit if in accident is completely within current standards. Thankyou for your time.
A person is not required to wear a seat belt if they are in a police vehicle that ‘has a caged, or other secured, area designed for the carriage of passengers [and] the person occupies a seating position in that area’ Road Safety Road Rules 2017 (Vic) r 267B.
The rule that requires a person to only travel in a part of a vehicle equipped with seats and seat belts does not apply where the vehicle is a police vehicle Road Safety Road Rules 2017 (Vic) r 268(5).
Just a quick question, is it legal for a city council officer to stop their vehicle in the middle of the road, remain in the driver’s seat and use a handheld camera to photograph a citizen’s vehicle?
I can’t think what offence they would be committing except perhaps hindering other traffic. It’s not specifically illegal so you would need much more details about the road, traffic and any applicable local (council) laws to be able to answer that question in any particular circumstance.