Today’s correspondent was wondering:

… how interstate FIRE services like the RFS can respond code one in VICTORIA and use road rule, 306. I assume there’s something in the CFA act, that classes them as an emergency vehicle under the control of the country, FIRE authority, and so on.

The relevant provision is in the Road Safety Road Rules 2017 (Vic) not the Country Fire Authority Act 1958 (Vic). Section 306 of the Road Safety Road Rules says:

A provision of these 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 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.

The critical question is, therefore, what does it mean to be the ‘driver of an emergency vehicle’ in Victoria. An emergency vehicle in Victoria includes ‘a vehicle operated by or on behalf of and under the control of— … (iii) a fire service established by, or appointed under, a law in force in another State or in a Territory of the Commonwealth’ (Road Safety Road Rules 2017 (Vic), Dictionary, definition of ‘emergency vehicle’.)

The NSW Rural Fire Service is ‘a fire service established by …  a law in force in another State’ so the driver enjoys, whilst in Victoria, the same exemptions as those enjoyed by the CFA and Fire Rescue Victoria.

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.