Page 1 of 2
At a red light. Emergency vehicle behind you. Your rights?
Posted: Fri Mar 26, 2010 9:17 pm
by yorky
Ok this has come up again and I can't find the last thread that discussed it.
You're at a red light, generally at the front with a car up your backside.
A Police/insert emergency vehicle here on priority comes up behind.
I remember the general ruling was no, its still a red light. You cannot legally proceed through it to let the emergency vehicle through without 'running a red light'.
In the eyes of the law, is it a case of wait until it's green or otherwise? I don't want to know about 'if its safe then do it', I would like to know what the legal perspective is.
Thank you.
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Fri Mar 26, 2010 9:19 pm
by numloxx
Yes good question.
I would never try to hinder the police if they need to get past of course, I'm sure none of us here would.
But are we legally obligated to run the red light to make the way clear for the police to pass through?
Carsten
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Fri Mar 26, 2010 9:44 pm
by Tyranus
Only 2 types of people can probably answer your question, 1) A serving WA police officer, 2) A Lawyer.
Anybody else is just going to be putting in their thoughts, opinions or personal reactions.
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Fri Mar 26, 2010 9:56 pm
by gkoutlis
Going past the white line at Red TCL's will land you an infringement.
If cars peel to the left and right creating a split in the middle, without crossing the white line, is how it should happen. BUT, in saying that, I see this in the city all the time with the FRS guys having to go wrong way up to cross an intersection, 10% of that, I see cars running red lights (continuing on with a red light) - with the FRS guys right behind.
If you can't move i.e Red Lights - then an attempt at helping the Emergency Services to get them to go safely around you would be most helpful for them.
G
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Fri Mar 26, 2010 10:09 pm
by muzza333
i think it depends on the situation.
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Fri Mar 26, 2010 11:08 pm
by Bonez
What a great question for Inspector Neil Royal on 6PR.... hehe give him a ring and instead of whinging about roads and intersections, ask him a real question
I'd also love to know the answer!
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Fri Mar 26, 2010 11:16 pm
by Bonez
Hey guys,
I've done some research. According to page 94 of the Drive Safe Handbook:
What should you do when there is an emergency vehicle in your immediate vicinity?
do not panic;
check where the emergency vehicle is coming from and give way to it;
move as far as to the left of the road if you can; and
if you cannot move left, slow down or stop. Let the emergency vehicle drive around you.
It is an offence not to give way to an emergency vehicle.
Please do the right thing – look, listen and merge left.
So this tells me that regardless of me being at a red light or not, it is NOT an offence to give way to an emergency vehicle. If the cops tried to give me a red light camera fine this quote is where i'd be sending them....
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Fri Mar 26, 2010 11:49 pm
by yorky
Bonez wrote:It is an offence not to give way to an emergency vehicle.
Please do the right thing – look, listen and merge left.
So this tells me that regardless of me being at a red light or not, it is NOT an offence to give way to an emergency vehicle. If the cops tried to give me a red light camera fine this quote is where i'd be sending them....
Thanks for looking into it. However I'm still puzzled, it is an offence not to give way, but it is also an offence to run the red light? The way I see it no matter which option you choose either stay at the red unable to move or go into/through the red, you still commit an offence?
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Sat Mar 27, 2010 1:04 am
by xli
yorky wrote:Thanks for looking into it. However I'm still puzzled, it is an offence not to give way, but it is also an offence to run the red light? The way I see it no matter which option you choose either stay at the red unable to move or go into/through the red, you still commit an offence?
I'm right with you on that confusion.
I'm assuming that if it were a red-light camera area, the emergency vehicle would likely be snapped too (would be awfully bad luck if you ran the red light then it went green for them though) so the operators could validate your story and waive the infringement. If it weren't a red light camera area, I've
generally seen most people stop everywhere at the intersection (or atleast slow - however there are definitely the foolish people who are the exception!), so presumably the vehicle in front should be clear to move.
However, if I were put in this situation tomorrow? I'd probably crap my pants then I'd have two predicaments..

Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Sat Mar 27, 2010 8:00 am
by ConstableCare
yorky wrote:I remember the general ruling was no, its still a red light. You cannot legally proceed through it to let the emergency vehicle through without 'running a red light'..
Correct, you cannot run the red light just to allow the emergency vehicle to clear the area. For one you could get booked (generally not by an officer but definately by the pole mounted cash register!) and secondly if your involved in a T/A as a result of your actions you have no insurance.
The emergency vehicle will generally find another way around and if not the guys understand that they can't get everywhere quickly!
CC

Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Sat Mar 27, 2010 9:28 am
by yorky
Ok, this is the video in question:
http://www.youtube.com/watch?v=C3mIma2h2b4
Feel free to comment.
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Sat Mar 27, 2010 12:52 pm
by written_ficton
If my eyes are seeing right, the officer has made hand movements to the 4wd to move forward, thus he is obeying rules stated by an officer of the law.
Common sence would prevail, hopefully if the red car got a ticket for turning left at the traffic lights that he moved in good faith to the unmarked police car.
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Sat Mar 27, 2010 1:00 pm
by yorky
Yes that is correct the officer did motion to move after putting the beacon on the roof.
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Sat Mar 27, 2010 1:06 pm
by written_ficton
yorky wrote:Yes that is correct the officer did motion to move after putting the beacon on the roof.
Therefore the car is obeying the laws as directed by a police officer. Technically, one could also bring up that he [4wd] has not entered the direct flow of traffic and is still stationary abeit further than the white line.
However saying that... Absolute commen sence would prevail that you should give way to an emergency vehicle under lights and sirens.
Re: At a red light. Emergency vehicle behind you. Your rights?
Posted: Sat Mar 27, 2010 1:58 pm
by vk6hgr
I'd go through if it was safe to do so.