Failing To Slow For Stationary Emergency Vehicles

In New South Wales, motor vehicle drivers must slow down when passing stationary emergency vehicles that have their lights flashing, or breakdown response vehicles that have flashing yellow lights. The maximum penalty for this offence is a fine of $2,200.

What is Failing to Slow for Stationary Emergency Vehicles?

The offence of Failing to Slow for Stationary Emergency Vehicles is contained under Regulation 78-1 of the Road Rules 2014. 

How does the Regulation Work?

If the speed limit is 80km/h or lower, you must slow your vehicle to 40km/h. You must also be prepared to change lanes.

If the speed limit is over 80km/h, you must reduce your speed to a safe and reasonable speed. If safe, you should change lanes to give extra room to emergency vehicles, and to ensure increased safety.

As well as slowing, the driver must move over to provide as much space as possible between their car and the scene of the emergency. On a multi-lane road, this means drivers must stay out of the lane next to the stationary emergency vehicle, tow truck or other breakdown service vehicle, unless it is unsafe to do so. The speed may be increased only once the vehicle has passed all people and vehicles involved in the emergency scene and there is no danger posed to them.

The rule does not apply when a stationary emergency vehicle, tow truck or other breakdown service vehicle displaying flashing lights is on the opposite side of a divided road separated by a median strip.

The following act might constitute Failing to Slow for Stationary Emergency Vehicles: 

• You drive past an ambulance on the side of the road with the flashing lights on and you maintain your speed of 90km/h.
• You drive past an NRMA truck with flashing yellow lights (in a 110km/h zone), assisting someone and you do not slow your speed and you remain in the closest lane to the NRMA truck.

What must be proven?

For a person to be found guilty of Failing to Slow for Stationary Emergency Vehicles, the Prosecution must prove each of the following matters beyond a reasonable doubt:

• That there was an emergency vehicle with flashing lights on the side of the road;
• That you did not slow down to the required speed when passing.

If the Prosecution do not prove every single one of the above elements, you will be found not guilty.

Which Court Will Hear the Matter?

This offence is a summary offence and will be finalised in the Local Court.

Possible Defences for Failing to Slow for Stationary Vehicle

The following defences may be available for a Failing to Slow for Stationary Vehicle charge:

• That the emergency vehicle did not have its lights flashing.
• That it was not safe to reduce your speed to 40km/h at the time in question.
• Duress. 

Common Questions about Failing to Slow for Stationary Vehicle

What is the Fine and Demerit Point Amount for this Infringement?

A fine of $544.00 and 3 demerit points. The penalty amount and demerit points may increase in school zones.

What Vehicles are Classified as Emergency Vehicles in this Circumstance?

• NSW Police vehicles
• Ambulance vehicles
• Fire and Rescue Vehicles
• State and Rural Emergency Vehicles
• Rural Fire Service Vehicles
• Traffic Command and Control Vehicles
• Tow Trucks
• NRMA Vehicles

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.