A NSW Rural Fire Service brigade has posted the following on FaceBook:

Whilst ‘moving to the left, slowing down, or stopping’ may be good advice is it not what the law says.

The law, set out in the Road Rules 2017 (NSW) r 78 says:

(1) A driver must not move into the path of an approaching police or emergency vehicle that is displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm.

(2) If a driver is in the path of an approaching police or emergency vehicle that is displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm, the driver must move out of the path of the vehicle as soon as the driver can do so safely.

The most usual way to ‘move out of the path’ would be to pull over to the left, but that is not necessary, on a multi-lane road it may be pull over to the right, it may be turn a corner, it could be many things.  

What I find interesting is that the advice – pull over to the left and stop – used to be the law (and was when I learned to drive).  The Road Traffic Regulations 1935 (NSW) r 80 said (emphasis added):

The driver of a motor vehicle upon a public street shall cause the vehicle to be drawn as near as practicable to the footpath on his left-hand side of the street and parallel thereto and brought to a standstill and remain stationary as along as may be reasonably necessary –

(a) on the approach of and during the passage of any fire engine, reel, or other vehicle apparently proceeding in charge of a fireman to a fire;

(b) at the request of or signal by any person leading, driving, riding or in charge of a restive horse;

(c) whenever it is necessary to avoid impending danger or a collision with any person, vehicle or animal; and

he shall also, if necessary, in the cases mentioned in paragraphs (b) and (c) stop the engine. 

This was what the regulation said in 1935; I cannot confirm what the exact wording was on 30 November 1999 when these regulations, and the Traffic Act 1909 (NSW) which authorised them, were both repealed by the Road Transport Legislation Amendment Act 1999 (NSW) however the Judicial Commission would suggest that they had not been amended in those 64 years.   The Road Rules 1999, which were the same, or substantially the same, as the current law came into force on 1 December 1999 (Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 (NSW)). 

So the direction to ‘pull over to the left and stop’ was the law until 1999; but since then it has been a requirement to do whatever is necessary to make way for an emergency vehicle.  Pulling over to the left and stopping may still be an effective way, perhaps the most effective way to do that, but it is not mandatory. 

This blog is a general discussion of legal principles only.  It is not legal advice. Do not rely on the information here to make decisions regarding your legal position or to make decisions that affect your legal rights or responsibilities. For advice on your particular circumstances always consult an admitted legal practitioner in your state or territory.