Thursday, Apr 07, 2005 at 22:31
From a Victorian perspective:
From the Road Traffic Handbook.
"Sharing the road with police and emergency vehicles.
You MUST get out of the way of a police or emergency vehicle when its siren is on or it is displaying red or blue flashing lights. Give way and stop if necessary (despite any other rules), even if you have a green traffic light. These vehicles have exemptions to break the rules in the case of emergencies and may act unpredictably. You MUST also stop if the twin red lights outside a Fire Station or Ambulance Station are flashing."
From the Road Safety Act 1998
204. Exemptions for emergency vehicles etc.
(1) Despite anything in these Regulations the driver of an emergency vehicle, if it is expedient to do so and if it is done with due care and attention, may--
(a) on reducing speed and sounding a siren, bell or repeater horn--without stopping, proceed past--
(i) a traffic-control signal displaying a red or yellow circle or a red or a yellow arrow; or
(ii) a stop sign; or
(iii) a pedestrian crossing marking; or
(b) on sounding a siren, bell or repeater horn--
(i) drive in any direction on any part of a highway; or
(ii) overtake or pass on either side of another vehicle; or
(c) at any time--
(i) stop; or
(ii) leave standing; or
(iii) park--
the vehicle at any place; or
(d) exceed a speed prescribed in regulation 1001; or
(e) where the driver would otherwise be obliged by these Regulations to give way to a vehicle--on sounding a siren, bell or repeater horn--continue on course without giving way.
(2) If a person leaves a vehicle standing in circumstances permitted by sub-regulation (1) that person need not comply with regulation 1602.
(3) These Regulations do not apply to the driver of a police vehicle if the driver--
(a) exercises due care and attention; and
(b) if the vehicle is in motion--gives or causes to be given the best practicable warning of the approach or presence of the police vehicle.
Pretty much regardless of the description the police vehicle involved was not involved in the accident. The people approaching the intersection have not approached the intersection at a speed at which they can stop or slow to avoid an accident. The situation seems fairly clear.
Even on a code 1 I approach a green light at a speed at which I can stop or slow, likewise approaching intersections on open roads where you can't see clearly in either direction. The reason accidents occur at intersections are usually a combination of one driver failing to obey a traffic signal and a person approaching the intersection failed to do so in a manner which enabled them to avoid an accident.
IF the Police car had been involved in the accident it would be a different story.
Interestingly I have been in a similar situation. Leaving the ambulance station on a code 1 with lights and sirens operating a car travelling south saw us, braked hard and stopped (as is required) to give us clear passage. The p-plater following close behind ran fair up the back of him. Was the accident my fault? Or did the p-plater learn a valuable lesson about his responsibility to maintain a safe travelling distance in front.
Did we stop? No. We proceed on the emergency case we were already tasked to. If they needed an ambulance as a result of the accident they could call '000' and the response time would have been very good.
I'm sure the situation in NSW would not be a long way different.
Dave
AnswerID:
105682
Follow Up By: Darylive - Thursday, Apr 07, 2005 at 22:58
Thursday, Apr 07, 2005 at 22:58
In Qld
The law states a driver will give way to an emergency vehicle sounding a siren with lights flashing.
That simple. I know you cannot give way to what you cannot see or hear but if more drivers paid attention to driving instead of phones, radios, cigarettes and even bloody DVD's we would all be better of.
Like the footy everybody has a better idea than the ref.
daryl
FollowupID:
362791