Once again, I’m asked about emergency lights on a private vehicle. Today’s question is:

I am a member of the state emergency service, if I arrive at the incident in my own private vehicle, am I allowed to display red lights whilst stationary to give the heads up that vehicle is an emergency vehicle? Or would I use amber lights?

I assume the person means a red flashing light. 

I’m not told what jurisdiction this person is from. If we take the NSW law for example, State Emergency Service vehicles may be fitted with flashing lights (Road Transport (Vehicle Registration) Regulation 2017 (NSW) Sch 2, cl 114(4)(p)), but not vehicles owned by members of the State Emergency Service.

Again, using NSW law as my example, a driver is required to slow down when passing an emergency response vehicle displaying a flashing blue or red lights. An emergency response vehicle includes a vehicle ‘being used by … (v) the NSW State Emergency Service’ (Road Rules 2014 (NSW) s 78-1). I would suggest a vehicle is ‘being used by’ the SES when it is an SES vehicle or where there is an incident and the incident controller says to a member – ‘we’re out of vehicles here, you take your team and make your way to this job in your car’.  It is not being used by the SES just because it is being driven by a member of the SES who happens across an accident.

A person could buy red flashing lights (think bicycle tail lights, or torches sometimes come with red flashing lights) and use them and they are not fitted to nor form part of the vehicle. Using them is not unlawful.  But if you use the lights in the way to create the impression that the vehicle is something it is not then even as a member of the SES I could see issues to do with ‘impersonation’ (see State Emergency and Rescue Management Act 1989 (NSW) s 63B(2)(a)).

Fundamentally vehicles marked up and owned by the various emergency services are fitted with flashing red/blue warning lights. The right to carry and use those does not extend to the members of those organisations in their private cars. If you want to put a flashing light on your car, particular one of the type you can buy from Repco or the like that look like the sort of light that one would expect on an emergency vehicle, stick with amber.  

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.