Today’s correspondent is a volunteer with the SES in Western Australia. They have
… recently purchased a vehicle, and have fitted discreet LED amber beacons as well as a removable magnetic amber roof beacon to help visibility while the vehicle is stationary on a busy section of road. If I have the time, I try to be a Good Samaritan to do emergency traffic management or stop for the purposes of providing first aid at an accident while waiting for a higher authority (police, fire, ambulance or SES, etc).
Both of those tasks are offered as a member of the public, not in any capacity as an SES volunteer and I only wear a high vis vest, not my SES uniform when I do it.
I park well off the road, and use the lights to warn traffic that there is something happening ahead. When I’m driving normally for everyday things like shopping, etc, I hide the mag roof beacon and ensure the switch can’t be accidentally activated. The lights are for stationary use and offer no exemptions for any traffic rule. The exterior of the vehicle looks like any normal one.
I get a lot of mixed messages about the legality of it. I’ve had people say that it’s flat outright illegal and I risk a large fine and impoundment, and others say that I’m actually not going to cause a huge fuss if I use it only when circumstances dictate that it would be reasonable to use any equipment when needed in a large enough incident.
Can you clarify if at all possible? In WA, almost every 4wd has a beacon permanently fitted to the exterior of the vehicle, and they don’t seem to be pulled over.
The relevant rules are the Road Traffic (Vehicle) Regulations 2014 (WA).
A vehicle other than an exempt vehicle or a special purpose vehicle ‘must not display — (a) a light that flashes…’ (reg 327(2)).
An exempt vehicle is (reg 327(4)) is:
(a) an emergency vehicle;
(b) an Australian Protective Service vehicle;
(c) an Australian Customs and Border Protection Service vehicle;
(d) an Airservices Australia vehicle; or
(e) any other type of vehicle approved by the CEO and used in conformity with any conditions that may be imposed by the CEO
The vehicle described by my correspondent is not an exempt vehicle.
‘[A] special use vehicle may be fitted with one or more flashing yellow lights (or flashing lights of another colour or colours approved by the Director General)’ (Regulation 327(3)(b)). A special use vehicle is (regulation 327(4)):
(a) a vehicle built or fitted for use in hazardous situations on a road;
(b) a vehicle that because of its dimensions is permitted to be driven only in accordance with —
(i) an order or permit as defined in section 32 or 38; or
(ii) a permit issued under regulation 453 or 454;
(c) a vehicle built or fitted to accompany a vehicle mentioned in paragraph (b);
(d) a bus fitted, before July 1999, with a sign telling road users that the bus carries children;
(e) a transport enforcement vehicle;
(f) any other type of vehicle approved by the CEO and used in conformity with any conditions that may be imposed by the CEO.
A special use vehicle includes a vehicle ‘fitted for use in hazardous situations on a road’. On one argument fitting yellow lights would be to fit the vehicle for use in hazardous situations but that would be circular. It would mean any vehicle fitted with yellow flashing lights is entitled to be fitted with yellow flashing lights. Merely ‘fitting’ yellow lights cannot make a vehicle a special use vehicle, there must be more such as the vehicle is used by an authority or agency that has cause to operate in hazardous situations on roads. That might include a group established to provide motorcycle escorts for bike rides (see Is An Escort Motorcycle A “Special Use” Vehicle In Queensland (March 4, 2017) but it can’t be any private vehicle.
But regulation 327(3) isn’t strictly correct because all vehicles must display flashing lights. Regulation 331 says:
A turn signal … must —
(a) consist of a steady or flashing illuminated yellow sign at least 150 mm long and 25 mm wide that — …
(d) when in operation, be visible from both the front and rear of the vehicle at a distance of 30 m.
Further there are provision for the use of hazard lights – hazard lights are ‘the turn indicator lights on a vehicle when set to display regular flashes at the same time, and at the same rate, as each other’ (Road Traffic Code 2000 (WA) r 188).
There are other provisions for the use of yellow or amber flashing lights by tow trucks (Road Traffic (Vehicle) Regulations 2014 (WA) r 410); a towing vehicle, a pilot vehicle or an escort vehicle (r 443) and agricultural implements and agricultural combinations (rr 428, 431, 438, 441, 444 and 450) but they are not relevant here.
A person must not drive or use a vehicle unless there is compliance with each provision in this Part that applies to the vehicle or a combination of which the vehicle is a part’ (Road Traffic (Vehicle) Regulations 2014 (WA) r 232). The maximum penalty is a fine of 16 PU or an on the spot fine of 2 PU (n WA a penalty unit for road offences is $50 (Road Traffic (Administration) Act 2008 (WA) s 7).
If the vehicle is stopped by the side of the road and my correspondent has got out of it then they are not driving the vehicle. The vehicle must not be driven except in compliance with the rules but r 327(2) says the vehicle must not display a light that flashes. So if the lights are only on when the vehicle is parked and the driver is out of the car, arguably no offence is committed.
The Road Traffic (Administration) Act 2008 (WA) defines ‘use’ ‘… in relation to the use of a vehicle on a road, includes the drawing or propelling, in any manner, of a vehicle on a road’. Again it would appear that a stationary parked vehicle is not being ‘used’ (subject to any case law on the point, and this is already getting too long to find that).
Conclusion
On the face of it, the use of the flashing yellow lights on the vehicle is illegal unless the fitted LED lights are part of the indicator lights and come on with the hazard lights and all flash at the same time – ie do not have a strobe effect. I can imagine the registration authority taking a dim view of the ‘fitted discreet LED amber beacons’ but police, at a scene, may take a pragmatic view of the removable roof light, but whether they do or not is up to them.
There is an argument that if the vehicle is parked and the driver is out of the car, then the car is not being either driven or used, in which case no offence under the Road Traffic (Vehicle) Regulations 2014 (WA) r 232 and 327(2) is being committed, but you’d have to be prepared to take that before a magistrate to confirm that is indeed the case.
Australian Emergency Law 
I used to have discreet dashboard mounted amber lights on a work vehicle and on a number of occasions I was challenged by Police, however they were more concerned with the perception of dashboard lights (ie: looking like a covert police vehicle for example) and not the colour.
None pursued it further or issued warnings, fines, etc.
Hello Michael
The regulations you have referenced are correct, but you also need to look at the Road Traffic (Vehicle Standards) Rules 2002 (âVehicle Standardsâ). If the regulations are similarly structured to the NSW ones, the âVehicle Standardsâ call up the Australian Design Rules (ADR) and define what standards apply when the ADR does not, eg flashing lights. The Vehicle Standards do not say how the items in it are used, only what vehicles must have / can have what, and how those things perform.
The Road Traffic (Vehicle) Regulations 2014 (âVehicleâ) defines how things are used. If we take flashing lights as the example, the Vehicle Standards define what vehicle types can have what flashing lights fitted, the âVehicleâ regulations then says what can be displayed ie used. If I fit a flashing yellow lights onto my vehicle as this person has done but never turn them on I am not in breach of the âVehicleâ regulations as I am not âdisplaying themâ, but I am in breach of the âVehicle Standardâ regulations as I not allowed to fit them to my private vehicle. We can debate what âdisplayâ means, but I believe the intention is the light is operating. The indicators you have mentioned are required under the ADR, again the âVehicleâ regulations tells us how we can use them and the traffic law tells us when we must use them
The conclusion you came too is correct in terms of usage, but he could also be in breach for fitting them.
Harry
(In a former life I was the Senior Vehicle Engineer for the NSW RTA)
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Hi Kerry, thought you might like to read this. Peter.
Thanks for this Harry, Austlii still lists, as current regulations, the Road Traffic (Vehicle Standards) Rules 2002 (WA) and the Road Traffic (Vehicles) Regulations 2014 (WA). I did read them the way you suggested, ie that the Rules said what could be fitted and the regulations how they could be used and that seemed consistent with the Road Traffic (Vehicles) Regulations 2014 (WA) r 433 which talked about the nature of an flashing amber light. So I thought, Ok the 2002 rules say who can have one, and the 2014 regulations about what the light has to look like if you have one. But then I saw that there was duplication. Further research revealed that the Road Traffic (Vehicle Standards) Rules 2002 (WA) were repealed by the Road Traffic (Repeals and Amendment) Regulations 2014 (WA) on 27 Apr 2015 which is when the 2014 Regulations commenced, so the 2002 Rules are no longer part of the current law of WA (see also https://www.slp.wa.gov.au/legislation/statutes.nsf/main_subsif_r.html).
I doubt my own conclusion, ie that is it’s ok to have the yellow lights provided they are not ‘on’ unless the car is parked. If that were correct people could have red/blue light bars, and use then when parked but not when driving. I doubt if that’s acceptable. If the fitting of the yellow lights is a breach of the standards, the vehicle may be defected (Road Traffic (Vehicles) Act 2012 (WA) s 71). But I’m stuck with r 327 that says a vehicle must not ‘display’ a flashing light, it does not say ‘must not be fitted’ with a flashing light.
The answer just shouldn’t be this complex, but the gist has got to be, don’t go installing flashing lights on private cars.
I had it explain to me this way quite a few years ago and to this day it makes no sense. You are free to purchase any type of flashing light combination but if you activate them you are comitting an offence. That left me wondering why would you even purchase them if you could not use them as it defeats the purpose.
Andrew, I agree it makes no sense, but it does seem to me that’s what the 2014 legislation says. It says a vehicle must not ‘display’ the flashing lights, not ‘must not be fitted’ with them. And compare that to the Queensland equivalent provision that says ‘A vehicle, other than an exempt vehicle or a special use vehicle, must not be fitted with a light that flashes.’ So in Queensland you can’t fit them but it appears in WA you can, just so long as you don’t turn it on when driving.
i have been trying without success to find the western australia regulation on daytime usage of a flashing amber beacon on a small trailer without success, but on reading the comments on this thread can i presume that a flashing amber beacon on a trailer can be used off road, but not on any public road???…
Under the ROAD TRAFFIC (VEHICLES) REGULATIONS 2014 (WA) a trailer is a vehicle. A vehicle must not be fitted with a flashing light unless it is an exempt or special vehicle as defined in r 327. So you can’t use a flashing light on your trailer any more than you can on your car. In short yes you could have one off road – eg on a farm vehicle, but not when on a road for which you need to drive a registered vehicle or hold a licence.
This link to WA transport will clear up the confusion;
Click to access LBU_VL_FAQ_FWL_EmergencyVehicleStatus.pdf