Today’s correspondent, from Victoria, is looking for:

…  clarification on “No Trucks” (Rule 104) and “Load Limit” (non-existent Rule 103) signs. There seems to be some misinterpretation amongst many within my organization when I talk to various people.

My interpretation is that we can go beyond a “No Trucks” sign during emergency response conditions (Rule 306) or in the event that we were delivering a service within that road etc with no other route possible to take. This might be a santa run or plug inspections etc. I don’t believe we can just travel the road for no good reason as such unless we hold an exemption from the secretary of the department of transport.

With a “Load Limit” sign, my interpretation is that we cannot go beyond it for any reason – even under emergency conditions. With Rule 103 being non-existent it would be the Road Safety (Vehicles) Regulation that would cover such a circumstance. Our emergency response exemptions don’t apply to these regulations though.

There are many streets within my brigade’s area and some that are used within various driver training routes etc that have either “no truck” or “load limit” signs.

I have previously seen a letter from City of Greater Geelong stating that CFA vehicles are exempt from load limits on roads however I don’t believe this would hold up as an exemption based 304 of the Road Safety (Vehicles) Regulations as it isn’t issued by the regulator.

No trucks

A truck is (Road Safety Road Rules 2017 (Vic) Dictionary):

… a rigid motor vehicle that is principally constructed as a load carrying vehicle. However, a reference in these Rules to a truck does not include a reference to—

(a) a motor vehicle, other than a prime mover, with a GVM not greater than 4·5 tonnes; or

(b) a prime mover with a GCM not greater than 4·5 tonnes; or

(c) a bus, tram or tractor;

I will assume that a CFA appliance is a truck even if one could try and argue that it is principally constructed as say a ‘firefighting’ vehicle rather than load carrying, but it does carry a load of water and all the other equipment necessary for the firefighters to do their work so let us not set up that sort of quibble.

The Road Safety Road Rules 2017 (Vic) r 104 says:

(1) A driver (except the driver of a bus) must not drive past a no trucks sign that has information on or with it indicating a mass if the GVM of the driver’s vehicle (or, if the driver is driving a combination, any vehicle in the combination) is more than that mass, except as permitted under subrule (4) or (5).

(2) A driver (except the driver of a bus) must not drive past a no trucks sign that has information on or with it indicating a length if the length of the driver’s vehicle (or, if the driver is driving a combination, the length of the combination) is longer than that length, except as permitted under subrule (4) or (5).

(3) The driver of a truck must not drive past a no trucks sign that has no information on or with it indicating a mass or length, except as permitted by subrule (4), (5) or (6).

(4) However, a driver may drive a truck on a road past a no trucks sign if the destination of the truck lies beyond that sign for the purposes of loading or unloading goods or equipment and—

(a) there is no other route by which the truck could reach that destination; or

(b) any other route by which the truck could reach that destination would require the truck to pass another no trucks sign.

(5) The driver of a truck to whom subrule (1), (2) or (3) applies may pass a no trucks sign if—

(a) the sign applies to a particular lane or particular lanes and the driver travels beyond the sign in any other lane; or

(b) the driver is escorted by—

(i) a police officer; or

(ii) a person who is authorised in writing by the Secretary or an authorised officer within the meaning of the Heavy Vehicle National Law (Victoria); or

(c) the driver has been issued—

(i) by the Secretary with a class O permit; or

(ii) by the Regulator with a mass or dimension exemption (permit) or a class 2 heavy vehicle authorisation (permit)—

authorising the vehicle to be on that road at that time.

(6) The driver of a truck may drive past a no trucks sign if—

(a) the Secretary has granted an exemption under subrule (7) to the driver or the truck or in respect of the geographic area from the application of this rule; and

(b) the driver is carrying written evidence of that exemption and produces that evidence to a police officer or authorised person when asked to do so.

(7) The Secretary may by notice in writing exempt from this rule, subject to any conditions the Secretary thinks fit—

(a) a driver or a class of drivers; or

(b) a truck or a class of trucks; or

(c) a specified geographic area.

Because r 104 is a rule under the Road Safety Road Rules 2017 (Vic) it follows that r 306 must apply.  That rule says the driver of a CFA appliance is exempt from all the other rules provided they are taking reasonable care and it is reasonable in the circumstances that the exemption apply.  That would certainly cover the case of a fire appliance being driven past a no truck sign to get to a fire or other accident or emergency where their services were required.

I assume that the CFA has not been given an exemption under sub-rule (7). If it had, everyone driving a CFA truck, including my correspondent, would know about it as they would need to carry the appropriate evidence (sub-rule (6)).

As for rule 104(4) it says that a driver may pass a no truck sign ‘if the destination of the truck lies beyond that sign for the purposes of loading or unloading goods or equipment’.  That would also cover proceeding to a fire or other emergency where the firefighters need to access – to unload – the goods and equipment carried on the appliance to do their duty.    It might be harder to apply that to a ‘santa run’ but I suppose giving presents to kids is still unloading goods. That would also presumably extend to inspecting hydrants if that required the members to access equipment carried on the truck.

You couldn’t drive past a relevant no trucks sign if you could access your destination by some other route that did not involve passing a no truck sign other than when that is the most direct and fastest route and you are proceeding to an emergency (r 306).  If you are going to a Christmas party in the park, and could get to the park via another route, you would need to do that.

Conclusion One

I think my correspondent is correct, the driver of a CFA appliance may drive past a ‘no trucks’ sign during an emergency response (rule 306) or where they are proceeding to complete a task that requires them to unload goods or equipment carried on the truck.  A ‘santa run’ may be stretching that if the goods you are unloading is lollies or Christmas presents but even then it is arguable that r 104 (4) applies.  Delivery truck could drive past the no truck sign to deliver a Christmas present so why not the CFA?  What you couldn’t do is drive past a ‘no truck’ sign, except in an emergency, if you can get to your destination via a route that does not require you to drive past a no truck sign.

Load Limits

Rule 103 of the model Australian Road Rules says

(1) A driver must not drive past a bridge load limit (gross mass) sign or gross load limit sign if the total of the gross mass (in tonnes) of the driver’s vehicle, and any vehicle connected to it, is more than the gross mass indicated by the sign. Offence provision. Note: Driver’s vehicle is defined in the dictionary.

(2) A driver must not drive past a bridge load limit (mass per axle group) sign if the mass (in tonnes) carried by an axle group of the driver’s vehicle, or any vehicle connected to it, is more than the mass indicated by the sign for the axle group.

My correspondent is correct however, there is no r 103 in Victoria.  A note in the Road Safety Road Rules 2017 (Vic), where r 103 should be, says ‘There is no rule 103. See regulation 282 of the Road Safety (Vehicles) Regulations 2021 for provisions dealing with mass and dimension limits’.  Regulation 282 says:

A driver of a vehicle must not drive past a sign that has information on it indicating a mass or dimension limit (other than a sign set out in subregulation (2) or regulation 283 [dealing with height restrictions]) if the vehicle exceeds the mass or dimension limit displayed on the sign.

Subregulation (1) does not apply in relation to the following signs—

(a) a no trucks sign referred to in rule 104 of the Road Rules;

(b) a no buses sign referred to in rule 106 of the Road Rules.

Regulation 282(2) takes us back to the discussion above – so if the sign says ‘No Trucks in excess of GVM 20t’ then the rules discussed above, apply. If the sign says ‘Load Limit 20t’ then a driver of a vehicle that weighs more than 20t must not proceed. This rule is not a rule under the Road Safety Road Rules 2017 (Vic) so the exemption for the driver of an emergency vehicle set out in r 306 cannot apply.

Regulation 304 says:

(1) In an emergency, the Secretary may exempt a vehicle, or its driver or registered operator, or any person who causes or permits the vehicle to be used on a highway, from a requirement in these Regulations, if the Secretary is satisfied that—

(a) the exemption will not result in an unreasonable danger to other highway users; and

(b) the vehicle is being used, or is intended to be used—

(i) to protect life or property; or

(ii) to restore communication or the supply of energy or water or services, including sewage disposal; or

(iii) to provide drought relief.

(2) An exemption may be subject to any conditions imposed by the Secretary.

(3) The Secretary—

(a) must make a written record of the exemption and any conditions to which it is subject; and

(b) may cause the exemption and the conditions to be communicated orally to the driver, registered operator or person who causes or permits the vehicle to be used on a highway.

That regulation does not anticipate a blanket exemption for emergency service vehicles. It anticipates a specific exemption in a particular emergency so if, for example, the fire brigade need to bring in a heavy salvage crane across a road in excess of its posted load limit.  The secretary could give an exemption for the use of that crane on that occasion.

I cannot see any exemption for the CFA or other emergency services from the rules relating to load limits. If the CFA (or Fire Rescue Victoria) want to exceed the road’s load limit they need to get approval from the Secretary and show that it is necessary to respond to a particular emergency.  And here, perhaps, we should note that no amount of tinkering with the regulations will exempt the CFA or anyone else from the laws of physics.  If the load limit is there because the road cannot handle a heavier load, then the law is irrelevant.  A CFA appliance will collapse or damage the road as much as anyone else’s heavy truck.

Conclusion two

I can find no rule that says ‘CFA [or other emergency service] vehicles are exempt from load limits on roads’. If a heavy vehicle needs to be driven past a load limit sign (where the vehicle exceeds that load limit) then the secretary’s approval is required to deal with that particular emergency.

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.