When can you go through a red light

How many times have you been stuck in traffic only to hear an ambulance or police car’s sirens behind you? What should you do? How can you help? When is it legal to drive through a red traffic light? You don’t want to break the law.

Did you know that the law in NSW allows you to drive onto the wrong side of the road or drive through a red traffic light to get out of the way of an emergency vehicle? But only if it is safe to do so. Giving way to emergency vehicles should always be done with the utmost care and with the safety of yourself and all other road users as a priority.

Rule 78 of the NSW Road Rules provides:

“(2)    If a driver is in the path of an approaching police or emergency vehicle that is displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm, the driver must move out of the path of the vehicle as soon as the driver can do so safely.

(3)    This rule applies to the driver despite any other rule of these Rules.”

It is also your duty to “give way to a police or emergency vehicle that is displaying a flashing blue or red light (whether or not it is also displaying other lights) or sounding an alarm” (Rule 79).

The NSW Road Rules contain the basic rules of the road for motorists, motorcyclists, cyclists, pedestrians, passengers and others

The NSW Road Rules 2014 can be found here

The road rules applicable in NSW are effectively the same as the model rules proposed by the National Transport Commission but has some additional rules, such as Rule 78-1 (introduced in 01 September 2018) that includes:

“(2) A driver must not drive past, at a speed exceeding 40 kilometres per hour, a stationary emergency response vehicle on a road that is displaying a flashing blue or red light.”

Click here to see our previous blogpost on the top 10 misunderstood road rules

FURTHER INFORMATION

This information is general only and is not a substitute for proper legal advice.

If you have a traffic fine or have been charged with an offence we can refer you to an expert solicitor that acts in relation to police matters, please contact Craig Pryor at McKillop Legal on (02) 9521 2455 or email  to discuss your needs.

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It’s a good thing the people driving emergency vehicles across Australia are good in a crisis because, let’s face it – when confronted with sirens and flashing lights on the roads – plenty of regular drivers are not. 

“I’ve spent 24 years in the job and cars and technology have changed a lot,” Simon Walsh, an on-road paramedic and member of Ambulance Employees Victoria, tells Drive.

“While drive comfort is fantastic, it really does isolate people in their own cocoon. People don’t hear us coming and they don’t necessarily check their mirrors as much as they should.”

Chief amongst his pet peeves while on the job? People panicking. 

“Often, paramedics approaching intersections will turn sirens off and leave lights on to avoid generating a sense of panic, because sometimes people can drive into intersections [or speed up] and it can prove very problematic.” 

Unfortunately, rules and regulations surrounding emergency vehicles like ambulances, fire trucks and police cars are vast and varied, differing by state and situation. 

Even people familiar with the laws in each state may encounter problems when obeying them due to gridlocked traffic, multi-lane freeways, red lights or stray pedestrians. 

While the appropriate response to an approaching emergency vehicle can differ depending on the specific situation and traffic conditions, we’ve consulted the road authorities in each state to provide a broad guide for how to handle an emergency situation. 

What should you do if an emergency vehicle is approaching you with lights and/or sirens on?

In all states, the road rules dictate that if an emergency vehicle is approaching you with lights flashing or sirens on or both, you must get out of its way as soon as it is safe to do so – either by changing lanes or pulling to the side of the road. 

The official advice from the Australian Federal Police is to “move as far to the left of the road as you can and come to a stop”.

Transport for NSW suggests that, if possible, drivers could even “move onto the road shoulder or breakdown lane”. 

This includes drivers on the opposite side of the road to the approaching emergency vehicle, if required. 

Even if you are not directly in the vehicle’s path, you must allow motorists from the adjacent lane to move into your lane to give way to the emergency vehicle. 

If you cannot move out of the way safely, the AFP advises you to “stay where you are and let the emergency vehicle drive around you”.

Ensure you use your indicators, be aware of other motorists and pedestrians, and drive slowly.

Things to avoid include driving into the path of the emergency vehicle, placing yourself in danger, damaging your vehicle in order to move out of the way, or driving through railway stop lights or boom gates. 

What should you do if you can’t give way to an emergency vehicle?

If you cannot safely move out of the emergency vehicle’s path because of a pedestrian, cyclist or other vehicle, stay where you are and let the emergency vehicle pass around you. 

“If there is nowhere to go, just sit there. If we have to wait, we have to wait, we accept that,” Mr Walsh, an experienced paramedic, advises. 

In Queensland, the law states that you are permitted to drive onto the wrong side of the road or through a red traffic light in order to give way to an emergency vehicle if it is safe to do so. 

Similarly, in South Australia you are permitted to “disobey other road rules in order to move out of the way, but only if it is safe to do so”.

What should you do if you’re at a traffic light and an emergency vehicle comes up behind you?

If you are at a green light and an emergency vehicle is approaching the intersection with lights or sirens, the rules in each state are the same: give way, even if you are facing a green light or green arrow.

However, if you are at a red light and an emergency vehicle comes up behind you, the rules around what to do vary by state.

In Queensland, New South Wales and South Australia, the road rules stipulate that you are permitted to drive through a red traffic light to get out of the vehicle’s path as long as it is safe to do so. 

“Providing you can do so safely and justify your action, you will not get a ticket if it’s necessary to break traffic rules (e.g. proceed through a red traffic light) to give way to an emergency vehicle. However, it must be safe to do so,” Queensland Fire and Emergency Services says. 

Meanwhile, the rules in Western Australia and Tasmania clearly stipulate that motorists are not permitted to run a red light in order to give way to an emergency vehicle.

“Moving out into an intersection against a red light is likely to place you and other drivers at greater, unnecessary risk,” says Justin Lawson, Senior Sergeant for Tasmania’s Southern District Support Services Police. 

“If the approach to the intersection in all directions is 100 per cent clear of approaching traffic and there is safe space to do so, edging forward to provide sufficient room is conceivable – just not advisable in all circumstances.”

According to Senior Sergeant Tony Bennett with the Northern Territory Police, drivers in the NT should not consider running a red light to give way to an emergency vehicle, but may encroach into the intersection “if it is safe to do so”.

In Victoria, the rules state that drivers must move out of the path of the emergency vehicle as soon as they can do so safely – meaning they may only drive into the intersection on a red light if it is safe to do so.

“When in doubt remain stationary – we don’t want to create more work, so to speak,” Mr Walsh advises. 

Often, emergency vehicles will stop or slow down when approaching an intersection to ensure it is safe to pass through safely. 

On this occasion, motorists must still give way to an emergency vehicle with its alarm sounding or lights flashing, even if the vehicle appears to have slowed down.

Can you break road rules to give way to an emergency vehicle?

South Australian law states that “you are allowed to disobey other road rules in order to move out of the way, but only if it is safe to do so”.

Meanwhile, in Queensland, “you may drive onto the wrong side of the road or drive through a red traffic light to get out of the way of an emergency vehicle if it is safe to do so”.

According to the 2019 Australian Capital Territory Road Rules handbook, giving way to an emergency vehicle and slowing down to 40km/h when passing a stationary emergency vehicle "takes priority over every other road rule", meaning there is provision to reasonably break road rules if required.

Motorists in New South Wales are able to enter an intersection on a red light in order to give way, but must ensure it is safe to do so.

In Western Australia, however, the road rules expressly state that you “cannot break the law to give way to an emergency vehicle, for example, driving through a red light”. 

WA’s Road Safety Commissioner Adrian Warner explains when giving way to emergency vehicles, it’s about staying calm and using common sense and courtesy.

“Drivers should slow down, move to the left and let the emergency vehicle pass safely,” Mr Warner tells Drive.

“Stick to the road rules as speeding or running a red light can be dangerous for not only the driver, but other road users including the emergency services responding to potentially life-threatening incidents.”

In the Northern Territory, drivers should also not break other road rules, NT Police's Senior Sergeant Bennett says. 

“Common sense would prevail depending on the situation. Driving on the wrong side of the road is inherently dangerous for all motorists including the emergency vehicle,” Mr Bennett says.

“Emergency vehicle drivers are taught to keep to the right so motorists can safely pull to the left, slow down and if necessary stop. This is the preferred action.”

In Tasmania, the laws are not as prescriptive, but it is best to err on the side of caution by obeying all road rules and either slowing down and moving as far to the left as possible or, failing that, remaining stationary to allow the emergency vehicle to move around you.

Do you have to slow down when passing an emergency vehicle – even on a freeway?

Several states have specific laws related to passing stationary emergency vehicles that have their lights on, whether on a freeway or regular road.

In Victoria, you must slow down to 40km/h when passing enforcement, emergency or escort vehicles that are stationary or moving slowly (less than 10km/h) with either flashing lights or an alarm sounding, or both. 

“You must not exceed 40km/h when passing the vehicle and not increase your speed until a safe distance from the scene,” the law states.

This rule applies to emergency vehicles stopped on the side of a freeway or highway, but not to emergency vehicles stopped on the opposite side of a divided road (i.e. one separated by a median strip). 

There is a similar law in Tasmania, where drivers approaching any stationary or slow-moving emergency vehicle with its lights flashing must slow to 40km/h. 

Just as in Victoria, this rule applies no matter which direction you are travelling in, unless there is a dividing barrier.

In South Australia, drivers are required to pass emergency vehicles at the even slower speed of 25km/h. 

This speed limit applies “in the immediate vicinity of an emergency vehicle that has stopped on the road and is displaying a flashing [light]” or “between two sets of flashing blue or red lights that have been placed by an emergency worker at either end of a length of road on which an emergency vehicle has stopped”.

This law does not apply to emergency vehicles on the other side of a median strip. 

Western Australia has a similar “slow down, move over” rule that asks drivers in all lanes to slow to 40km/h when approaching stationary emergency vehicles with flashing lights – unless the vehicle is on the other side of a median strip. 

In New South Wales and the ACT, drivers must also slow down to 40km/h when passing stationary emergency vehicles with flashing blue or red lights. On roads with speed limits of 90km/h or more, drivers must slow down safely to a speed that is reasonable for the circumstances. 

Queensland’s laws are less prescriptive, telling drivers to “move over to another lane if safe to do so and/or slow down if possible”. 

In states like the Northern Territory where there is no clear provision for passing stationary emergency vehicles on the freeway, drivers are advised that the best approach is to give way by changing lanes to the left. 

If you’re able to safely slow down, Mr Walsh says that’s also helpful to the people behind the wheel of the emergency vehicle.

“Pulling over to the left is great, but slowing down and stopping is even better – [maintaining speed or speeding up] makes it difficult and dangerous and confusing to other drivers,” he says.

What does it mean if an emergency vehicle has lights but no sirens on, or is driving really slowly?

Even if an emergency vehicle doesn’t have a siren blaring or isn’t driving at an elevated speed, you should always treat flashing lights as an emergency situation. 

“It’s no different, pull over and slow down and stop if you can,” Mr Walsh says.

Similarly, emergency vehicles may still be in an emergency situation if they are driving slowly. 

“Not everybody gets lights and sirens to go to hospital – it depends on what is happening inside the ambulance as to what is safe and comfortable,” Mr Walsh explains.

“Sometimes we might have to pull over to manage the patient and put our lights on, in some instances we might be travelling at a particularly cautious speed, we might be driving slow. 

“Absolutely it is best practice to slowly and cautiously move out of the way. The lights are a way for us to move quickly and efficiently and unencumbered as much as possible.

“If the lights are on and the vehicle is moving at an oddly slow speed, chances are there is someone on board who’s really unwell.”

Can emergency vehicles break the road rules?

Most states have some provision for emergency vehicles to break the road rules when they have their lights on or sirens sounding.

In Victoria, law enforcement and other emergency vehicles can break certain road rules if they have their sirens and lights on, but not all road rules. 

For example, emergency vehicles must always comply with road rules like giving way at a pedestrian crossing, or entering a level crossing when a train is approaching.

In South Australia, emergency vehicles are subject to the same road rules as other road users, but are able to exceed the speed limit when responding to emergency situations.

In Queensland, an emergency vehicle with lights and/or sirens on is permitted to exceed speed limits and proceed through red lights and stop signs, when safe to do so.

In Tasmania, they are also exempt from certain road rules, including speeding, obeying traffic signals and using mobile phones if the driver is taking reasonable care and displaying emergency lighting or alarms.

In New South Wales, emergency vehicles responding to urgent situations are not required to follow the road rules (pending it is safe to do so), and are also permitted to drive on the opposite side of the road.

Western Australia laws state that drivers of police and emergency vehicles like fire brigades, ambulances and vehicles conveying blood or medical supplies are exempt from road rules when it is "reasonable" and the driver is taking care.

Similarly, Northern Territory law allows emergency vehicles to break several road rules, including those pertaining to seatbelts, phone use or stopping, when it is reasonable and reasonable care is being shown.

What should I do if I find myself driving behind an emergency vehicle?

“They may make sudden movements or take evasive actions that following vehicles may not be able to react effectively to,” according to Queensland Fire and Emergency Services.

“Drivers must be aware that more than one emergency vehicle may be passing. Quickly pulling out to follow an emergency response vehicle may cause a crash with emergency or other vehicles.”

Instead, slow down or stop until all emergency vehicles have passed and then proceed to drive normally. 

What is the penalty for not obeying road rules around emergency vehicles?

In Victoria, the infringement fine for failing to give way to an emergency vehicle is $318, or $908.70 if the matter goes to court. If you disobey the 40km/h rule, you'll face a fine of $272.05.

In South Australia, failure to give way attracts a $559 fine and three demerit points, while in Tasmania it's three demerit points and a $216 fine.

Western Australia imposes a $400 fine and four demerit points for failing to give way to an emergency vehicle, or a $300 fine and three demerit points for failing to slow down and move over when passing a stationary emergency vehicle.

Queenslanders face a $321 fine and three demerit points, while New South Wales has a $469 fine and three demerit points, and the Northern Territory imposes a $100 fine plus a $40 levy.

What should you do if you see an emergency vehicle without lights or sirens?

It may seem obvious, but if there are no lights or sirens, act normal.

“Some people will see us coming [without lights or sirens] and stop dead in a roundabout or in an intersection and we’re just going to get lunch,” Mr Walsh says, laughing. 

“Just follow the normal road rules!”