"A member, on their way to Adelaide, drove past two police cars parked well off the side of the road (approximately 12m) with their lights flashing. They appeared to be talking to a motorist. The member states that she was driving approximately 85km/h at the time (the speed limit was 110km/h). She continued driving and not long after she saw lights of a police car flashing behind her, requesting her to pull over - which she did.
The police officer asked her speed, which she said was about 85km/h. He said she had been travelling at 83km/h and asked her if she was aware that the speed limit when driving by an emergency vehicle flashing their lights is 25km/h in South Australia? She was not aware of this. She tried to explain her case, but to no avail she was issued with an infringement notice - $1007 fine and an immediate 6 month driving disqualification. As a single traveller with a 49 year unblemished driving record, she was dumbfounded and confused with what had just happened. She comes from northern NSW and was intending to visit friends in Adelaide and now needs to find a place to store her campervan and organise travel back home.
It is crucial to have a thorough understanding of road rules and how they differ from state to state. Both VIC and QLD require motorists to slow down to 40km/h when driving near emergency vehicles with flashing lights. The purpose of this message is to explain the importance of understanding that road rules vary from state to state. I urge you all to do your research, it's better to be safe than sorry".
A quick check revealed an article in The Sydney Morning Herald that reported that the ACT is about to implement legislation limiting the passing speed to 40km/hr and a fine of $257. It also stated that WA Vic & SA have similar legislation and that NSW is to introduce legislation later in the year.
The penalty in the unverified example seem excessive to me. Perhaps the fine is based on the number of KMs over the limit & the loss of licence based on accumulated demerit points.
I know that in Qld you used to be able to appeal against licence loss due to accumulated points. I did many years ago & the adjudicating Sergeant reduced the penalty to out of work hours only. In my case during the period concerned I was driving regularly from Ipswich to the Sunshine coast for work purposes & was continually caught on the outskirts of built up areas. Slow learner & lack of concentration I suppose.
Were you aware of this road rule?
-- Edited by Cupie on Thursday 12th of April 2018 09:49:15 AM
Wouldn't it be too easy for the departments that swallow our registration funds to at-least advise us when renewing registration of the updated Road Rules of Australian Sates.
40kph past emergency vehicles with lights flashing has been the rule in Victoria for some time now. I think it is an ill conceived and very dangerous law. I was on the Mornington Freeway a few weeks back and did the right thing when passing a highway patrol car booking a motorist on the verge. A large truck following me close behind did not intend to slow down, he ended up about two metres behind my car and weaving trying to slow down before he clobbered me. In another incident a (very impatient) woman roared past me whilst I slowed for a police car in similar circumstances, she then proceeded to swear at me and toot her horn, obviously oblivious to the 40kph law. My point is that many people are complaining of nearly being taken out by unaware drivers panic stopping behind them, it happens every day, this law is going to kill someone. Why not have passing vehicles giving space, ie changing lanes on a highway or moving as far as practical to give better clearance? BTW I am ex-Highway Patrol.
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It was is 25kph in SA, but not only that, its 25kpa when near schools when children are present, meaning walking on the foot path, in the park next door or anywhere near where the signs are. Crazy I know, maybe they have amended the rule, but it was 25kpa when children are present.
It was is 25kph in SA, but not only that, its 25kpa when near schools when children are present, meaning walking on the foot path, in the park next door or anywhere near where the signs are. Crazy I know, maybe they have amended the rule, but it was 25kpa when children are present.
it was 40 klm in SA and people were not slowing down so they lowered it to 25 kph I think only QLD an NT are the only ones that have not introduced similar laws nsw will implement the 40 kph speed limit on 1/09/2018 for a trial period of 12 months
I had a similar experience to Vince56, only in Queensland. I was following a school bus that was clearly signed "Slow to 40km/h when lights flashing." Well, the bus pulled over with the lights flashing so I slowed down but a truck behind showed no sign of doing the same. I had to keep going or else I would have been rear ended.
I wonder who the police would have booked - me or the truckie, or both? Methinks it would have been me. Luckily, there was no police around to put it to the test.
Regarding schools in Adelaide a friend of mine was once booked during school holidays! The cop said it didn't matter, there could have been children playing around the school.
Murray
-- Edited by Long Weekend on Thursday 12th of April 2018 03:59:41 PM
Cupie, if she had a NSW driving licence I believe that the disqualification should only apply in SA. I was also under the belief that if you commit a driving offence in another state when it is communicated back to the relevent authorities in your own state you are penalised in terms of demerits at the same rate that you would have been if you had committed that offence at home. In this case if NSW has not yet passed a law on speed when passing stationary emergency vehicles then she should be free to drive here without any further penalty just as long as she can get someone to drive her vehicle back across the SA border for her.
I may be completely wrong on this as its only what I have read on google but if it happened to me I would definately be seeking proper legal advice on my options. I had no idea that this law even existed so thanks for highlighting it I thought it was just common sense to slow down when you approached emergency vehicles with their lights flashing.
In the situation related by Cupie in the opening post and accepting the details were largely correct, it was irresponsible of police to have their flashing lights on signifying an emergency where they were talking with a driver and well off the 110kph limit freeway.
Vehicles being caused to suddenly brake and travel at 25kph in that situation creates a high risk of rear end collisions and high speed pile-ups. Then there is the needless distraction of the police emergency lights. It was not as though an accident blocked a lane or other emergency and tow vehicles were involved. Or spaced triangles and traffic control were in use to warn approaching drivers of a hazard.
Brickbats to those police if the account is majorly true.
In the situation related by Cupie in the opening post and accepting the details were largely correct, it was irresponsible of police to have their flashing lights on signifying an emergency where they were talking with a driver and well off the 110kph limit freeway.
Vehicles being caused to suddenly brake and travel at 25kph in that situation creates a high risk of rear end collisions and high speed pile-ups. Then there is the needless distraction of the police emergency lights. It was not as though an accident blocked a lane or other emergency and tow vehicles were involved. Or spaced triangles and traffic control were in use to warn approaching drivers of a hazard.
Brickbats to those police if the account is majorly true.
that is how it is done police pull driver over leave lights operational it automatically becomes 25 or 40 kph speed limit depending on which state you are in don't slow down at your peril. just think you know about it but how many out there don't?
on the last long weekend I seen a few hway patrol cars just parked on the side of the road with lights on for no other reason than as a warning to motorists that they where out and about
It would appear that at least one of thees officers was not involved in any sort of emergency but was operating a radar gun, is this the new grab for cash? turn lights on when they are not required and generate some revenue. Oh I am a cynic aren't I.
-- Edited by landy on Friday 13th of April 2018 04:50:04 PM
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