Queensland Consolidated Regulations

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT--ROAD RULES) REGULATION 2009 - REG 78A

78A Approaching and passing emergency response vehicles

(1) This section applies to a driver, other than the rider of a bicycle or a personal mobility device, approaching an emergency response vehicle that is—

(a) parked on a road on which the driver is driving; and

(b) displaying a flashing warning light.

(2) If the driver is driving on a multi-lane road, the driver must not drive past the emergency response vehicle unless—

(a) the driver passes the emergency response vehicle in a clear lane of the road leaving at least 1 other clear lane between the driver’s vehicle and the emergency response vehicle; or

(b) if the circumstances mentioned in subsection (3) apply to the driver when passing the emergency response vehicle—

(i) the driver’s vehicle is a sufficient distance from the emergency response vehicle, an associated parked vehicle or an associated person to avoid a collision with the vehicle or person; and

(ii) the driver drives at a speed that does not put at risk the safety of any associated person.

Penalty—

Maximum penalty—30 penalty units.

(3) For subsection (2) (b) , the circumstances are—

(a) it is not safe or practicable for the driver to drive past the emergency response vehicle leaving at least 1 clear lane; or

(b) the driver is complying with a direction of—

(i) an authorised officer; or

(ii) an authorised officer under the Heavy Vehicle National Law (Queensland) ; or

(c) the driver is turning at an intersection; or

(d) the driver is entering or leaving a roundabout; or

(e) there are roadworks near the emergency response vehicle and the driver has not passed the end of the roadworks.

(4) If the driver is driving on a road that is not a multi-lane road, the driver must not drive past the emergency response vehicle unless, when passing the emergency response vehicle—

(a) the driver’s vehicle is a sufficient distance from the emergency response vehicle, an associated parked vehicle or an associated person to avoid a collision with the vehicle or person; and

(b) the driver drives at a speed that does not put at risk the safety of any associated person.

Penalty—

Maximum penalty—30 penalty units.

(5) The driver does not commit an offence against this section if the driver is driving on a road divided by a median strip and the emergency response vehicle is on the other side of the road beyond the median strip.

(6) In this section—

"approaching" , for a driver, means approaching from any direction.

"associated parked vehicle" , in relation to an emergency response vehicle that is parked on a road and displaying a flashing warning light, means—

(a) another vehicle, other than an emergency response vehicle, parked on the road in the immediate vicinity of the emergency response vehicle; or

(b) another emergency response vehicle that is parked on the road in the immediate vicinity of the emergency response vehicle and not displaying a flashing warning light.

"associated person" , in relation to an emergency response vehicle that is parked on a road and displaying a flashing warning light, includes—

(a) the driver and a passenger of the emergency response vehicle; and

(b) the driver and a passenger of an associated parked vehicle; and

(c) another person in the immediate vicinity of the emergency response vehicle.

"clear lane" , for a multi-lane road, means a marked lane of the road, other than a bicycle lane, if no part of an emergency response vehicle that is parked on the road and displaying a flashing warning light, an associated parked vehicle or an associated person is in the lane.