Updated Road Laws now require drivers to slow down to under 40km/h when passing certain Emergency vehicles when they are running their flashing red/blues (and magenta for VicRoads).

Of course this new law has been badly promoted and little public education has taken place.

Law week, rumour was the fines already captured for breaking the law were in doubt as the implementation of this offence was incorrectly released and all current infringements removed.

Below is the new section 79A

Road Safety Road Rules 2017 S.R. No. 41/2017

79A
Approaching and passing stationary or slow-moving police vehicles, emergency vehicles, enforcement vehicles and escort vehicles
(1) A driver approaching a stationary or slow-moving police vehicle, emergency vehicle, enforcement vehicle or escort vehicle that is displaying a flashing blue, red or magenta light (whether or not it is also displaying other lights) or sounding an alarm must drive at a speed at which the driver can, if necessary, stop safely before passing the vehicle.
Penalty: 5 penalty units.

2) A driver approaching a stationary or slow-moving police vehicle, emergency vehicle, enforcement vehicle or escort vehicle that is displaying a flashing blue, red or magenta light (whether or not it is also displaying other lights) or sounding an alarm must give way to any police officer, emergency worker, enforcement vehicle worker or escort vehicle worker on foot in the immediate vicinity of the vehicle.
Penalty: 5 penalty units.

(3) A driver must not drive past, or overtake, a stationary or slow-moving police vehicle, emergency vehicle, enforcement vehicle or escort vehicle that is displaying a flashing blue, red or magenta light (whether or not it is also displaying other lights) or sounding an alarm at a speed greater than 40 kilometres per hour.
Penalty: 5 penalty units.

(4) A driver who drives past, or overtakes, a stationary or slow-moving police vehicle, emergency vehicle, enforcement vehicle or escort vehicle that is displaying a flashing blue, red or magenta light (whether or not it is also displaying other lights) or sounding an alarm must not increase speed until the driver is at a sufficient distance from the vehicle so as not to cause a danger to the any police officers, emergency workers, enforcement vehicle workers or escort vehicles workers in the immediate vicinity of the vehicle.
Penalty: 5 penalty units.

(5) Subrules (1), (2), (3) and (4) do not apply if the driver is driving on a road that is divided by a median strip and the police vehicle, emergency vehicle, enforcement vehicle or escort vehicle is on the other side of the road beyond the median strip.

(6) This rule applies to the driver despite any other provision of these Rules.

Here is a DashCam video of speed limit in action. Recorded on Monash (M1) inbound during late AM peak.
Most slowed due to heavy traffic but the right hand lane(s) were at normal speed as they could not see through the traffic or across to the emergency lane to see the stationary police car and broken down Holden.

 

What could go wrong?

New 40km/h rule while passing emergency vehicles on hold after glitch was found
ANDREW JEFFERSON, TRANSPORT REPORTER, Herald Sun July 19, 2017 6:07pm
andrew.jefferson@news.com.au @AndyJeffo

http://www.heraldsun.com.au/news/victoria/new-40kmh-rule-while-passing-emergency-vehicles-on-hold-after-glitch-was-found

VICTORIA Police has stopped issuing on-the-spot infringement notices for a new 40km/h rule while passing emergency vehicles after a glitch was uncovered.
The directive not to issue fines was made on July 7 after it was discovered the offence code for the new road rule incorrectly assigned three demerit points in addition to a fine of $277.

No demerit points apply to the new road rule, which came into force from July 1.
A Victoria Police spokeswoman said anyone who may have been issued with a penalty notice to date would be notified and the notice withdrawn.
“It appears the error was made when assigning an offence code to the new rule in the road safety general regulations,” she said.

Penalties issued to motorists who broke the new law have been withdrawn — but could be reissued.
“The result of this incorrectly assigns three demerit points to a motorist in addition to the correct monetary penalty infringement of $277.”
The Victoria Police spokeswoman said these infringements would be held over and could be reissued once the offence code error was rectified.
Police say they can still proceed with the offence by way of summons until the issue is resolved.
This would mean drivers charged with the offence would have to front court.
“Motorists are reminded that the legislation came into effect on July 1 and is still enforceable with police able to proceed with the offence by way of summons,” she said.
“The primary aim of the new legislation is to change driver behaviour and to raise awareness around emergency service members’ safety so police will still be speaking with motorists about the new rule.”
Victoria Police say they will work with VicRoads and DOJR to resolve the issue.

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