Today’s question comes from South Australia and revisits the question of red/blue warning lights on a private vehicle but this time the question is not ‘can I install them?’ but ‘can I apply for permission to install them’. My correspondent says:
I am a 16-year-old South Australian Surf Lifesaver and within that a member of our on-call emergency operations group.
I currently hold my learners permit for both car and motorbike, this allows me to ride a motorbike solo to and from work/volunteering, education and home. According to South Australian law this does not allow me to “Lane Filter” which is riding between car filled lanes in an attempt to clear traffic.
Weeks ago, I received a phone call from the State Emergency Operations Manager advising us to respond to an incident. I was the closest available asset (only around 5 minutes away) so I began legally (within non-emergency laws) riding my motorbike to the incident.
On my way to the incident, I was stopped at traffic lights and chose to lane filter up to traffic lights. In doing this I passed a stationary police car who, once the lights returned to green followed me and pulled me over. After explaining and confirming the situation with the Emergency Operations Manager the officer agreed that Section 110AAAA of the road traffic act meant I was completely within the law. The entirely of this took around ten minutes and no aquatic rescue assets had arrived on scene.
Before allowing me to go the officer seriously recommended that I apply for emergency lights on my motorbike to avoid this happening again. I am curious to the legality of this as I personally know CFS volunteers who have been given magenta lights for their private vehicles but also know Lifesavers whose applications have been rejected and know of none that have been approved.
I’m not going to enter into what I fear will be the inevitable discussion of whether an inexperienced learner driver, without formal training in emergency response driving should even think about emergency driving. I will make the point that no matter how serious the other person’s emergency, it is not the responder’s emergency, for them it’s a ‘day at the office’ and the person’s need does not warrant the responder killing themselves or someone else. With that brief editorial aside, let us look at the law.
Section 100AAAA of the Road Traffic Act 1961 (SA) reproduces the text of r 306 of the National Road Rules but extends the exemption for emergency workers to various provisions of the Act, not just the rules. The section says (emphasis added):
Sections 44B, 45A, 45C, 82, 83 and 110 do not apply to the driver of an emergency vehicle if—
(a) in the circumstances—
(i) the driver is taking reasonable care; and
(ii) it is reasonable that the provision should not apply; and
(b) if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.
Sections 44B, 45A, 45C, 82, 83 and 110 have nothing to do with lane filtering by a motorcycle. We know that my correspondent’s motor cycle was moving but was not displaying ‘a blue or red flashing light’. It follows that despite my correspondent’s belief, and the alleged concurrence by the police officer, s 100AAAA could have had no application to my correspondent’s situation. My correspondent was not driving contrary to ss 44B, 45A, 45C, 82, 83 and 110 but even if they were, s 100AAAA would have offered no defence.
The relevant rule is in fact r 306 of the Australian Road Rules (SA). Lane filtering is permitted by r 151A but not by a learner rider – Road Traffic (Road Rules–Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) r 11C. Rule 306 is well known. It says (emphasis added):
A provision of the Australian Road Rules does not apply to the driver of an emergency 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 blue or red flashing light or sounding an alarm.
We don’t need to work out whether the offence in this case was under the Australian Road Rules (SA) or the Road Traffic (Road Rules–Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) because it is again clear that my correspondent should not have enjoyed the benefit of the section. The motorcycle was moving but was not displaying ‘a blue or red flashing light or sound an alarm’ so the criteria for r 306 were not met.
Further the rule only applies to the driver of an emergency vehicle. An emergency vehicle is a vehicle driven by an emergency worker ‘in the course of his or her duties as an emergency worker’ (Australian Road Rules (SA) dictionary). In SA an emergency worker is a member of a relevant organisation, but the list does not include Surf Lifesaving SA (Road Traffic (Road Rules–Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) s 54). My correspondent could be an emergency worker if they are an ‘authorised officer under the Emergency Management Act 2004’ (r 54(1)(b)). The Emergency Management ACT 2004 (SA) s 17 says ‘The State Co-ordinator may appoint, individually or by class, such persons to be authorised officers for the purposes of this Act as the State Co-ordinator thinks fit.’ I doubt that the State Co-ordinator has appointed ever member of Surf Life Saving SA as ‘authorised officers’ and I very much doubt a 16-year-old has been personally appointed as an emergency officer. My correspondent is very lucky that the police officer who performed the traffic stop shared the same misunderstanding of the law. In the circumstances described there is no way either s 100AAAA or r 306 applied and my correspondent was lucky not to receive an expiation notice (Expiation of Offences Act 1996 (SA)).
That answers the questions I wasn’t asked. Now to the question I was asked -that is the legality of asking for permission to install warning lights. The Road Traffic (Light Vehicle Standards) Rules 2018 (SA) r 114(5) says:
A vehicle, other than an exempt vehicle, a special use vehicle, or a State Government enforcement vehicle must not be fitted with a light that flashes other than as required or permitted by another law of this jurisdiction.
- A special use vehicle may have a yellow flashing light (r 114(3));
- A State Government enforcement vehicle may have a magenta coloured flashing light (r 114(3a);
- An exempt vehicle can have any colour flashing light (r 114(2)).
My correspondent’s motorcycle does not fit the definition of either an ‘exempt vehicle’ (Road Traffic (Light Vehicle Standards) Rules 2018 (SA) r 3) or a ‘special use’ vehicle (s 114). It follows that my correspondent cannot fit flashing lights (other than indicators and hazard lights) to the motorcycle. The Minister (or his or her delegate) can exempt a particular vehicle or class of vehicles from the Road Traffic (Light Vehicle Standards) Rules 2018 (SA) (see Road Traffic Act 1961 (SA) ss 11 and 163AA). The minister or his or her delegate could authorise my correspondent to fit flashing lights; but why would they?
First my correspondent is not an emergency worker. Second the motorcycle is neither an exempt nor special use vehicle. The Minister could give permission, but I have no doubt that they would not do so.
I have no idea why ‘CFS volunteers [would] have been given magenta lights for their private vehicles’. A vehicle driven by a member of the CFS in the course of his or her duties can be an emergency vehicle (Road Traffic (Road Rules–Ancillary and Miscellaneous Provisions) Regulations 2014 (SA) s 54) and therefore an exempt vehicle (Road Traffic (Light Vehicle Standards) Rules 2018 (SA) s 3), but that is only true if responding in a private vehicle is defined as part of the member’s duties. Most emergency services direct their volunteer members that they are not to ‘respond’ in a private vehicle. But assuming that is consistent with and part of the member’s duty then the lights should be red and/or blue. Rule 114(3a) says ‘A State Government enforcement vehicle may be fitted with … flashing magenta lights’. If a magenta light was issued to a CFS volunteer that would be confusing for other road users who would assume that they were a ‘State Government enforcement’ official. I would want to double check and confirm whether any CFS volunteer has been given permission to use a magenta light on their vehicle.
Conclusion
In the circumstances described my correspondent did not enjoy the benefit of either s 100AAAA of the Road Traffic Act 1961 (SA) or r 306 of the Australian Road Rules (SA). My correspondent and the police officer were both mistaken.
My correspondent could apply to the Minister’s delegate (no doubt officers within the Department of Infrastructure and Transport) for exemption from the Road Traffic (Light Vehicle Standards) Rules 2018 (SA) to allow him to fit a flashing warning light but I think there is no chance at all that such exemption would be granted. Even if it was, it would not make my correspondent an ‘emergency worker’ nor would it extend r 306 or s 100AAAA to include them or give them any exemption.
My correspondent is young and enthusiastic which is great; but misunderstands the law (in particular s 100AAAA), their role and the risk to themselves and others in response driving. Responding to an incident is not the responder’s emergency. Drivers should drive carefully to the station or shed. The response time is delayed by getting pulled over by police or worse, being involved in a collision. My correspondent tells us they could have got there in 5 minutes but instead took 15.
Australian Emergency Law 
As a CFS volunteer, I can advise that it is constantly drilled into us that we must obey all normal road rules on our way to the station to attend an emergency. We are not entitled to any special lights, sirens or other warning devices and must always obey all speed limits and the give way rules.
I am not aware of any CFS volunteer anywhere throughout the state who is entitled to a Magenta light on their private vehicle.
I’m old enough to remember.
There is a common Misconception in the community at large, that Flashing Warning Lamps equate to Speed, they do not.
The original Intention of Flashing Warning Lamps was to Inform Road Users that this Vehicle was deserving of Special Consideration when it came to travelling alongside them (note: same Road Speed) in Traffic.
Special Considerations such as Allowing them to move forward in Queued Traffic, by moving slightly to the Left or Right thus creating a temporary Lane solely for them, when all Vehicles were Stopped.
Let’s take a look at that in Operation.
Emergency Service Vehicle moving along in traffic at Speed compatible with all other road users.
Vehicle arrives at Queued Traffic and switches on Green Purple or Amber Warning Lamps.
Stationary motor vehicles upon seeing the Flashing Warning Lamps begin to creep Left or Right a few feet and thus a temporary Lane begins to form, Emergency Vehicle moves forward towards the head of the Queue thus gaining advantage.
Upon reaching the front of the Queue, the Warning Lamps switch off and normal traffic movement resumes.
Often when the Vehicle with the Flashing Warning Lamps reached the front of the Queue at Traffic Lights, it was observed that other Road Users would stop and afford it Special Consideration at the Traffic Lights and refuse to move until it was safely through rather than obey the light sequence of the Traffic Lights. Thus began what We so often see today, Emergency Service Vehicles moving through Red Lights.
Why is there a earth moving digger on Main South Road Seaford Heights with blue flashing light between amber flashing lights
or course I cannot answer that question