Today’s correspondent asks:

How legal is this ? People in our town have started marking driveways with LEDs using blue and red colouring.

Blue road reflectors, often called raised retroreflective pavement markers (RRPMs) or “cat’s eyes,” are specifically used to help firefighters quickly locate fire hydrants at night or in low-visibility conditions. They are generally placed on the road surface near the centreline, adjacent to a hydrant, providing a bright, reflective indicator.

Red RRPMs typically indicate the left-hand edge of a carriageway or lane. They serve as vital safety devices for night-time visibility, marking the boundary of the lane to prevent drifting, and often indicate that a driver is traveling in the wrong direction.

Interesting question and I too have seen blue LED driveway markers in the town where I live. I’m not sure where my correspondent lives but I live in NSW, so I’ll use NSW law for my answer. I also suspect that most people don’t know that blue RRPMs indicate fire hydrants.

Austroads is ‘the association of the Australian and New Zealand transport agencies, representing all levels of government’.  It is not a statutory authority (ie it is not created by an Act of Parliament) and is not, it seems, an authority with delegated law-making powers.  One can infer that it is body for collective decision making where the various state and territory authorities agree to various standards which they then implement.  The Austroads Guide to Traffic Management Part 10: Transport Control – Types of Devices(Austroads, Edition 3, 2020) confirms, at [8.7.2] Raised Retroreflective Pavement Markers that:

• red is used where appropriate to augment left-hand edge lines of two-way and one-way carriageways

• blue is used in some jurisdictions to mark the location of fire hydrants; a single marker is placed near the road centreline opposite the position of the hydrant

In NSW, the Roads and Traffic Authority (now Transport for NSW (TfNSW)) published Delineation: Section 15 Raised Pavement Markers (NSW Roads and Traffic Authority, v 1.3, 2010). This document still appears on the TfNSW website as the current standard. It confirms, at [15.3.2] that:

(c) Red RRPMs are used to augment the left hand edge lines.

(d) Blue RRPMs, although not an official delineation device, may be used on a road to mark fire hydrants or water supply locations. They shall not be used for any other purpose. The blue RRPMs are installed and maintained by the Fire Brigade or local council. They must be located 100 mm offset from the dividing line (or approximate centre where no dividing line is marked), on the side of the road where the hydrant is located.

The authority to make this document is not identified in the document ie there is no paragraph that says ‘this document is authorised by the Something or Other Act, s whatever’. It does say:

The information contained in the various parts is intended to be used as a guide to good practice. Discretion and judgement should be exercised in the light of the many factors that may influence the choice of delineation devices in any situation.

That does not suggest that the standard is mandatory though compliance with the standard would, I presume, be a requirement of any contract that the government may enter, or any permission that the government may give, for roadworks.

But what legislation (if any) gives effect to these standards or stops someone putting a blue or red LED (and therefore not a reflective marker) on their driveway?

The Road Rules 2014 (NSW) provide details on the obligation of drivers to obey road signs and traffic lights and also identifies what relevant signs look like.  It does not mention RRPMs.

The Roads Act 1993 (NSW) s 104 says that Transport for NSW may:

… direct–

(a) the owner or occupier of land on which any work or structure is situated, or

(b) the person by whom any work or structure was carried out or erected,

to screen, modify or remove the work or structure if, in the opinion of TfNSW, the work or structure is a traffic hazard.

Assuming the installation of an LED marker light is a ‘work or structure’ then TfNSW could order its removal if it constitutes a ‘traffic hazard’, as it might do if it might cause confusion as to the location of the road’s left hand edge, but that does not make it illegal to install. 

The State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (NSW) sets out developments that may be undertaken without the need for planning permission.  Driveways may be built (ss 2.27) provided (s 2.28) they are

…

(ii)            constructed in accordance with the relevant road authority’s policy and specifications on vehicle and driveway crossings, and

(iii)  be subject to written consent from the relevant roads authority (if required under section 138 of the Roads Act 1993) for the building of any kerb, crossover or driveway

(See also

Whilst I cannot chase these down specifically what I can find does not suggest that the standard has anything to say about lights, and in any event would be of little assistance if someone installed lights, in particular solar powered lights, on their kerb or driveway after it was built.

Conclusion

A websearch shows these lights are readily available and are increasing in popularity.  I cannot locate anything to say that their installation is unlawful.  So the answer to the question ‘How legal is this?’ is that it is legal because there is no law that says it is not.

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.