Today’s correspondent operates
… a private firefighting Company based in NSW at which my company cars are registered as firefighting Vehicles under TfNSW [Transport for New South Wales] used for Bushfire fighting and Bushfire control. Please see here for further details regarding the registration process.
The Road Transport (Vehicle Registration) Regulation 2017 (NSW) Schedule 2 ‘Light Vehicle Standards Rules’ cl 114 ‘Other lights and reflectors’ says:
114 Other lights and reflectors
(cf ALVSR 2015 r 114; 2007 reg Sch 2 cl 124)
(1) A vehicle may be fitted with any light or reflector not mentioned in these rules.
(2) However, unless subrule (3) or (4) applies, a vehicle must not display or be fitted with—
(a) a light that flashes or rotates, or
(b) a light or reflector that—
(i) shows a red light to the front, or
(ii) shows a white light to the rear, or
(iii) is shaped or located in a way that reduces the effectiveness of a light or reflector that is required to be fitted to the vehicle under these rules, or
(iv) shows a blue light.
(3) Despite rule 15 and any requirement of a third edition ADR, an emergency vehicle or police vehicle may be fitted with any light or reflector.
(4) Despite rule 15 and any requirement of a third edition ADR, the following vehicles may be fitted with a light or lights, at least one of which must be mounted on top of the vehicle, capable of displaying a flashing or rotating light—
(a) ambulances,
(b) police vehicles,
(c) fire fighting vehicles,
(d) mines rescue or other rescue vehicles,
(e) Red Cross vehicles used for conveyance of blood for urgent transfusions,
(f) public utility service vehicles,
(g) tow-trucks,
(h) motor breakdown service vehicles,
(i) vehicles used for the delivery of milk that are required to stop at frequent intervals,
(j) buses used solely or principally for the conveyance of children to or from school,
(k) vehicles exceeding the length, width and height limits of these rules,
(l) vehicles frequently used to transport loads that exceed the maximum length, width and height limits of these rules,
(m) vehicles used to escort vehicles referred to in paragraph (k) or (l),
(n) vehicles used by Transport for NSW,
(o) vehicles used by an employee of a council of a local government area for the purposes of enforcing excess weight limits legislation,
(p) State Emergency Service vehicles,
(q) any other vehicles that are approved by Transport for NSW.
(5) Despite subrule (4), a police vehicle is not required to have a light mounted on top of the vehicle.
(6) Despite subrule (4), a vehicle used by Transport for NSW is not required to have a light mounted on top of the vehicle.
(7) A light that may be fitted under subrule (4) must be capable of displaying
(a) in the case of a police vehicle, an ambulance, a fire fighting vehicle, a vehicle used by a Traffic Commander or Traffic Emergency Patroller (appointed or employed by Transport for NSW), a State Emergency Service vehicle or a vehicle used by an accredited rescue unit (within the meaning of the State Emergency and Rescue Management Act 1989)—a blue or red light, or
(b) in the case of a Red Cross vehicle, a mines rescue or other rescue vehicle or an emergency vehicle within the meaning of the Road Rules 2014 (other than a vehicle referred to in paragraph (a))—a red light, or
(c) in the case of a vehicle used by Transport for NSW or a vehicle used by a council of a local government area for the purposes of enforcing excess weight limits legislation—a crimson light, or
(d) in the case of a fire brigade emergency site command vehicle—a green light, or
(e) in the case of any other vehicle—a yellow light unless otherwise approved by Transport for NSW.
(8) The lens of any such light must not be visible, either directly or indirectly, to the driver of the motor vehicle or trailer to which it is fitted when that driver is seated in the normal driving position.
(9) The light from any such light mounted on the top of the vehicle must be visible in normal sunlight from a distance of at least 200 metres to a driver approaching that vehicle from any direction.
(10) Subrule (7) does not apply to the extent that it is inconsistent with a requirement of Part 3A or clause 148 of the Road Transport (General) Regulation 2013 relating to oversize vehicles or pilot or escort vehicles.
To my knowledge and best perception of this, my company is allowed to install and “fit” red/red and blue emergency warning lights to our vehicles as the vehicle is clearly defined as a firefighting vehicle as per this legislation. This was also clarified by the Service NSW duty manager in which stated these lights could be fitted.
Section 7 (A) clearly defines a list of vehicles separated by “commas”, “and”, “or” and therefore such vehicle does not have to fall under the SERM Act to be fitted with those lights.
Now, I would like to clarify the definition of an Emergency Vehicle also referring to the Road Transport (Vehicle Registration) Regulation 2017 especially Section 73 Headlights to be fitted to vehicles.
(7) In this rule, an emergency services vehicle means any of the following—
(a) a police vehicle,
(b) an ambulance,
(c) a firefighting vehicle,
(d) a Red Cross vehicle used for conveyance of blood for urgent transfusions,
(e) a mines rescue or other rescue vehicle,
(f) another vehicle that is an emergency vehicle within the meaning of the Road Rules 2014.
Does this mean a “FireFighting Vehicle” is an emergency vehicle which can be fitted with flashing headlights and assume the definition as an emergency vehicle in which can undertake the following:
The use of blue, or blue and red flashing lights is intended to advise other road users that the vehicle displaying them is responding to an emergency situation. They must only be used when the vehicle is being used for police operational functions or urgent purposes arising from an accident, fire or other emergency.
Am I correct in inferring that:
- My business vehicles used for FireFighting purposes can be legally fitted with red and blue lights?
- Can operate such lights “when the vehicle is being used for police operational functions or urgent purposes arising from an accident, fire or other emergency such as undertaking fire protection work for clients in the event of a bushfire or emergency”?
The analysis is largely correct. The problem is that the definition of ‘emergency vehicle’ in the Road Rules 2014 (NSW) is not the same as the definition in the Road Transport (Vehicle Registration) Regulation 2017 (NSW).
What is a fire fighting vehicle is not defined. The Declaration of Eligibility for a Registration Concession (follow the link in the original question) says that a relevant fire fighting vehicle is “Company-owned light vehicle – used solely for and in connection with the control of bush fires”. We can accept that if TfNSW have accepted an application and registered a vehicle as a fire fighting vehicle then indeed it is a fire fighting vehicle.
If a vehicle is a fire fighting vehicle then it may be fitted with red and blue flashing lights (cll 114(2), (4)(c) and (7)(a)).
Clause 73(6) says:
Despite rule 15 and any requirement of the third edition ADR, an emergency services vehicle may be fitted with headlights or additional headlights that are capable of flashing if–
(a) the headlights flash only when on low beam, and
(b) the headlights are wired to operate in conjunction with any flashing or rotating lights fitted to the vehicle as permitted by rule 114(4).
My correspondent has listed the definition of emergency vehicle in c 73(7) and that includes a ‘firefighting vehicle’. (I note that in r 114(4)(c) there is a gap between ‘fire’ and ‘fighting’ whereas in r 73(7) ‘firefighting’ is a single word but nothing turns on that). Again if my correspondent’s vehicles are registered as a ‘fire fighting’ (or firefighting’) vehicle then they can be fitted with flashing head lights.
Ironically, this does not mean that they can be used! The use of red/blue lights give the driver of an emergency vehicle an exemption from the Road Rules (Road Rules 2014 (NSW) r 306) and impose an obligation upon other drivers to give way (rr 78 and 79). The definition of an emergency vehicle for the purposes of the Road Rules 2014 does not include a fire fighting vehicle. For the Road Rules, an emergency vehicle is a vehicle driven by
… a member of a fire or rescue service operated by a NSW Government agency, a member of the State Emergency Service or a member of a fire brigade (however referred to) or rescue service of the Commonwealth or another State or territory, providing transport in the course of an emergency,
A ‘a fire or rescue service operated by a NSW Government agency’ means – at least – the Rural Fire Service, Fire and Rescue NSW. My correspondent’s private company cannot meet that definition, so those vehicles are not ‘emergency vehicles’. Even though they may be fitted with red/blue lights they should not use them on the road as that will only confuse both their driver, and other road users (see Revisiting the definition of ‘emergency vehicle’ (NSW) and a duty to treat (or not) (November 6, 2020) and Road Rules, Rescue and NSW (January 15, 2013)).
I infer that the statement:
The use of blue, or blue and red flashing lights is intended to advise other road users that the vehicle displaying them is responding to an emergency situation. They must only be used when the vehicle is being used for police operational functions or urgent purposes arising from an accident, fire or other emergency.
is a quote, but the source is not given. I infer that it is from the Transport for NSW Vehicle Standards Information VSI.8 | Rev 4.1 | Nov 2010. That document is still on the TfNSW website even though it predates all the current regulations.
In my view it is wrong, or at least misleading. It says “The use of blue, or blue and red flashing lights is intended to advise other road users that the vehicle displaying them is responding to an emergency situation.” Given Road Rules 2014 (NSW) rr 78, 79 and 306 the use of ‘of blue, or blue and red flashing lights’ is to warn other drivers that the driver of the emergency vehicle is exempt from the Road Rules and they are obliged go give way, or make way for the emergency vehicle. If the driver is not an ‘emergency worker’ then in law those rules do not apply so a driver should not indicate or imply that they do.
The exemption is if TfNSW has ‘approved’ the employees of my correspondent’s company as an ‘emergency worker’ (r 306, definition of ‘emergency worker’ cl (c)).
Conclusion
I was asked:
Am I correct in inferring that:
- My business vehicles used for FireFighting purposes can be legally fitted with red and blue lights?
- Can operate such lights “when the vehicle is being used for police operational functions or urgent purposes arising from an accident, fire or other emergency such as undertaking fire protection work for clients in the event of a bushfire or emergency”?
My answers are:
- Yes; and
- No, even though the lights may be fitted, unless my correspondent’s employees are ‘approved’ emergency workers (which is a separate step from the registration process) then they get no exemption under Road Rules 2014 (NSW) r 306 and other drivers are not legally obliged to give, or make way in which case the lights should not be used when travelling on a public road.
For related posts, see https://australianemergencylaw.com/?s=%22vehicle+standards+information%22
This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.
Australian Emergency Law 
Where would this place privately own farm fire units
Registered with the state fire services
If it’s a firefighting appliance it can be fitted with red/blue warning lights. If the operator is a member of the Rural Fire Service (which includes “any person other than a member of a rural fire brigade who, without remuneration or reward, voluntarily and without obligation engages in fighting (or in activities associated with fighting) a fire with the consent of or under the authority and supervision of an officer of a rural fire brigade”) who is ‘providing transport in the course of an emergency’ then they are an emergency worker so the vehicle is an emergency vehicle with all the rights and privileges of an emergency vehicle.
I agree.
Yet, placing red and blue beacons on any particular vehicle as designated by the owner of the vehicle, is only a sanction, of all things, allowed by the NSW RMS for the purposes of vehicular registration. The RMS deals with “emergency vehicles”, and the rest of us deal with emergencies.
I often wonder whether people unencumbered outside of the emergency services put red and blue lights on their vehicles, perhaps for the purposes of taxation claims, lower RMS registration fees perhaps, or for vehicular insurance discounts.
Being granted the status of a beacon equipped “emergency vehicle” by the RMS, is fine, but it can be a long, long way from being an “emergency vehicle”. Its a long, long way from being manned by a trained emergency crew, a trained driver ( in terms of the safety of the crew on board and the motoring public encountering the vehicle) , and most importantly, it needs to be in the system as being dispatched as a designated identity (both RFS and NSW Fire and Rescue vehicles in NSW) through the 000 network.
Ultimately, your reply advice to the correspondent, is correct in my view..
Many thanks
Michael…
There may be a factor that has not been included in your analysis.
It is that the RFS defines red-blue beacons as Safety Equipment and the RFS Standard Operating Procedures are for beacons or flashing lights to be operated on the “Fireground” and at “Incidents” for the protection of the crew on or around the vehicle regardless
This includes under conditions of limited visibility and to warn other vehicles (whether firefighting or not) that the road may be obstructed .
It is also normal practice for RFS vehicles to operate warning lights when Proceeding to an incident under non-urgent conditions and not taking advantage of the listed exemptions. That is at the discretion of the Crew Leader and may vary according to circumstances.
Therefore the requirement to use these warning devices on public roads under emergency conditions is a requirement, but not a limitation. Legislation and regulations dealing with specific aspects of their use should not be interpreted as limiting them to that use unless that limitation is clear.
Regards…. Peter
I’m not sure how that’s relevant to this particular post given it’s talking about private firefighting vehicles, not RFS vehicles. I can see no issue with ‘beacons or flashing lights to be operated on the “Fireground” and at “Incidents” for the protection of the crew on or around the vehicle regardless’ but I was talking about driving on a public road – responding to an emergency.
I have written elsewhere (https://australianemergencylaw.com/2020/11/06/revisiting-the-definition-of-emergency-vehicle-nsw-and-a-duty-to-treat-or-not/) why I think it is dangerous, if not indefensible, to use ‘warning lights when Proceeding to an incident under non-urgent conditions and not taking advantage of the listed exemptions’ given that other drivers are required to give way or make way when those lights are used and expect the driver to take advantage of the exemptions. Using them in non-urgent circumstances is likely to lead to confusion both for RFS drivers (see https://emergencylaw.wordpress.com/2017/10/13/court-of-appeal-dismisses-appeal-by-rfs-tanker-driver-involved-in-fatal-collision/) and other drivers, and to what end? If you still have to give way to other vehicles (that are also obliged to give way to you), and adhere to the road rules what value is the use of warning devices when ‘Proceeding to an incident under non-urgent conditions and not taking advantage of the listed exemptions’?
Michael.
The question of whether beacons may be used on public roads, is not the same question as whether they may be fitted on a road-going vehicle for use in other circumstances.
It may merely be a matter of wording, but the use of Red/Blue beacons does not confer the right to use the exemptions referred to. They are part of the *conditions* of use under the Act(s) – from memory the wording is “all warning devices” which includes beacons and sirens – but as I recall that the Acts conferring those exemptions refer to the vehicles and conditions to which those exemptions apply, not which vehicles may be fitted.
Keep in mind that the doctrine regarding the use of the exemptions – including Right of Way – requires that we only make use of them “when safe”. It is not – for example – appropriate or sanctioned to drive through Stop, Give-Way or Red Lights without first determining that any oncoming traffic has already given way. It is difficult to see how this is “dangerous” in any practical sense.
It is more true to argue that it is dangerous to have traffic proceeding in ignorance of the potential for reduced visibility, obstructions to traffic, and persons working on or close to roads, when we have safety equipment that provides a clear warning of the above….
Regards…
Peter
I see where we may agree and disagree
1. I agree that the use of lights/sirens is a different question to their being fitted and that is indeed the point of the discussion of the definition of emergency vehicles in the Road Rules v the definition in the Road Transport (Vehicle Registration) Regulation.
2. It’s true the use of the beacons does not of itself confer an exemption. The law does not require ‘all warning devices’ it requires the beacons, or the siren, or both but it also requires an assessment that the driver is taking reasonable care and it that it is reasonable in the circumstances that the exemption applies (Road Rules, r 306).
3. In my view it is dangerous to use red/blue lights if you are not intending to rely on the exemption because other drivers will expect you too. For example if you stop and wait at a stop sign with red/blues flashing, other drivers who actually have right of way may not know what to do. And if you take their decision to make way for you as permission to cross the stop line then you commit an offence if there is no emergency (see R v Wells; but cf https://australianemergencylaw.com/2017/06/12/is-it-an-emergency-does-it-have-to-be-for-victorias-road-rules/). Equally other drivers who are obliged to make way for an emergency vehicle may take action that is dangerous and not warranted in the circumstances (see https://australianemergencylaw.com/2015/05/18/making-way-for-emergency-vehicles/).
4. In the context of (3) above I’m talking about driving on a public street to an even that is not urgent or an emergency. I’m also talking about private fire fighting vehicles (ie the subject of the post) because even in an emergency those vehicles are not an emergency vehicle as defined by the Road Rules so again get no legal benefit but may well cause confusion and danger.
5. I agree that if a brigade, private or otherwise is actually fighting a fire in a smoke filled area the use of the lights is both prudent and warranted and I don’t think anyone would question that this was an emergency. In that sense it’s all about context.
6. I agree that there is in fact nothing in the Road Rules that says when a driver who is driving a vehicle lawfully fitted with red/blue lights is permitted to use them and there has to be at least an argument that the power to fit them must imply a power to use them (see https://australianemergencylaw.com/2013/01/15/road-rules-rescue-and-nsw/; but it’s an argument I’m less convinced with over time). The regulation does not, as you say, impose a limitation. The conclusion that drivers who do not benefit from the exemption in rule 306 ie those who are not members of (in terms of firefighting) the RFS or FRNSW and anyone ‘Proceeding to an incident under non-urgent conditions and not taking advantage of the listed exemptions’ should not use the lights is my conclusion based on the implications of the use of devices. As I say in my post (and I stand by this conclusion).
And even if it’s correct, it still does not justify the use of red/blues if ‘Proceeding to an incident under non-urgent conditions and not taking advantage of the listed exemptions’.
7. I do not see that using ‘beacons or flashing lights … on the “Fireground” and at “Incidents” for the protection of the crew on or around the vehicle … [including] under conditions of limited visibility and to warn other vehicles (whether firefighting or not) that the road may be obstructed’ is the same as ‘Proceeding to an incident under non-urgent conditions and not taking advantage of the listed exemptions’. My discussion is not intended to cover that scenario.