New South Wales Consolidated Acts

HEAVY VEHICLE NATIONAL LAW (NSW) - SECT 356

356 Emergency services exemption

(1) A person who is acting for an emergency service and who has time-critical duties on the way to, or during, an emergency is exempted in the course of carrying out the duties from compliance with Division 2.

(2) A person who is acting for an emergency service and who is returning from attending an emergency is exempted from compliance with Division 2 if the person reasonably believes the noncompliance does not present an unreasonable danger to other road users.

(3) A person who is acting for an emergency service is exempted from compliance with Division 2 under subsection (1) or (2) only if, at the relevant time, the person complies with any guidelines regarding the management of fatigue issued by or on behalf of the emergency service or an authority responsible for oversight of the emergency service.

(4) In this section--

"emergency" means an event, or an anticipated event, that--

(a) endangers, or may endanger, life, property or the environment; or

(b) has disrupted, or may disrupt, communications, energy supply, water supply or sewerage services; or

(c) is declared to be an emergency or disaster by--

(i) the Commonwealth or a State or Territory; or

(ii) a Commonwealth or State or Territory authority responsible for managing responses to emergencies or disasters.

Examples of an emergency--: fire, explosion or natural disaster

"emergency service" means an entity that has a statutory responsibility to respond to an emergency and includes the following--

(a) an ambulance service;

(b) a fire brigade, including a volunteer fire brigade;

(c) a police force or police service;

(d) a disaster or emergency organisation of the Commonwealth or a State or Territory.