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How Do Police Get Away with Speeding?

Ever seen a police car fly past and wonder if what they are doing is legal? What is the legal basis that allows police cars, and other emergency vehicles,...

Janelle Tarabay

Ever seen a police car fly past and wonder if what they are doing is legal? What is the legal basis that allows police cars, and other emergency vehicles, to exceed the speed or run a red light? Are there any limits on what they can do?

Exemption to the Road Rules

In NSW, the Road Rules exempts police and emergency vehicles from its operation. But the exemption is not unlimited and only applies to police vehicles if:

  1. the driver is taking reasonable care, and
  2. it is reasonable that the relevant road rule should not apply, and
  3. the vehicle is displaying a blue or red flashing light to sounding an alarm (Road Rules 305).

The requirement to display a flashing light or alarm does not apply to a police vehicle if it is reasonable not to a display the light or sound the alarm, or have it fitted on the vehicle.

So although there are exemptions for police vehicles, it is not a blanket immunity to break any Road Rule or drive in any manner, regardless of the type of emergency.

More limited exemptions also apply to tow truck drivers, postal workers and even garbage truck drivers.

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