Running a red light to make way for police is a very common question we get asked, and rightfully so, considering the potential seriousness of the charge. However, it is not illegal to run a red light if it is the only way to make way for a police vehicle.

This exception exists because the law recognises the importance of allowing emergency vehicles, such as police vehicles, to reach their destinations as quickly as possible. In some circumstances, it may be legal to drive through a red light for emergency vehicles, but this depends on the specific laws in your state or territory. The exception is intended to prevent serious harm by allowing emergency vehicles to pass quickly in urgent situations. However, running a red light to allow a police vehicle to pass should be done with caution to ensure your safety and the safety of other road users. Drivers should not move onto the wrong side of the road unless it is safe and legal to do so when making way for emergency vehicles.

Generally speaking, this article will explain the legal basis of the exception, the conditions under which it applies and discuss potential consequences.

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What does the law say about running a red light? 

Section 59 of Road Rules 2014 states that if traffic lights at an intersection or marked foot crossing are showing a red traffic light, also referred to as a red signal, a driver must not enter the intersection or marked foot crossing. Traffic lights showing red indicate that vehicles must come to a complete stop. Drivers are required to stop behind the stop line when approaching a red light, ensuring compliance with the law. The presence of a red signal at intersections reinforces the legal obligation to stop. Signage present, such as stop lines and 'stop here on red signal' signs, is crucial at intersections with red-light cameras to clearly establish the requirements for stopping and the circumstances under which offences are recorded.

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What does the law say on giving way to emergency vehicles such as Police, Ambulance, & Fire?

Section 78 of the Road Rules 2014 outlines the specific requirements for drivers regarding giving way to emergency vehicles, including police, ambulance vehicles, and fire engines.

If a driver is in the path of an approaching police, ambulance, fire engine, or other emergency vehicle, they must move out of the way. This applies when the emergency vehicle is displaying a flashing blue or red light or sounding an alarm. This rule applies to any motor vehicle in the path of an emergency vehicle. Emergency police vehicles are a specific example where this rule is enforced.

The driver must move out of the path of the vehicle as soon as they can do so safely. This means carefully assessing the traffic situation, using indicators to signal the intended movement, and ensuring that you can move your vehicle without causing an accident or unnecessarily obstructing vehicles.

This rule applies to the driver despite any other road rule. This means that even if other rules may ordinarily dictate different actions, such as staying in a certain lane or a specific speed limit, the necessity to move out of the way of emergency vehicles takes precedence.

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Verdict: Is running a red light to make way for emergency vehicles legal? 

Yes, it is legal to run a red light to make way for emergency vehicles such as police, ambulance and fire, but only when it is safe to do so. This can be explained through the interaction between Sections 59 and 78 of the Road Rules 2014.

Section 59 of the Road Rules 2014 generally prohibits drivers from proceeding through a red traffic light. A driver is not permitted to proceed past the stop line or traffic signal when the light is red, except as allowed by law. This rule is essential in maintaining traffic orders and safety at intersections. Under normal circumstances, a driver must stop at a red light and proceed when the light turns green. Running a red light in this context may still be considered a red light camera offence or one of several red light offences, which can result in fines and demerit points. Whether an exception applies is a traffic law matter that may require legal interpretation.

Section 78 provides an exception to this rule when dealing with emergency vehicles. Under this section, if a driver is in the path of an approaching vehicle that is displaying flashing lights or sounding an alarm, the driver must move out of the path of the vehicle as soon as they can do so safely. This directive takes precedence over other road rules, including what is outlined in section 59.

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What’s the penalty for running a red light? 

Running a red light in general is a serious traffic violation and can result in significant penalties. These penalties include: 

• Fines: A monetary penalty will be imposed on you. The maximum fine you can receive for running a red light is $464.00. If you choose to contest the offence in court, the maximum penalty applicable rises significantly.
• Demerit points: In addition to receiving a fine, you will also incur demerit points on your driving record for a red light camera offence. Specifically, you will receive three demerit points for running a red light.

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What is the penalty for not making way for police or another emergency vehicle?

Failure to make way for police or other emergency vehicles is a serious offence under the Road Rules 2014. Drivers must adhere to specific regulations to ensure the safety and efficiency of emergency services.

When a driver fails to move out of the path of an approaching police or emergency vehicle, several penalties can be imposed. Penalties can include: 

1. A fine of $457.00.
2. 3 demerit points on your driving records. 

The legislation also mentions penalties in terms of penalty units. The maximum penalty for failing to make way for an emergency vehicle is 20 penalty units. The value of a penalty unit is subject to change, currently one penalty unit is worth $110.00. Therefore, 20 penalty units would convert to a monetary fine of $2,200.00.

This offence is considered a traffic matter and, if you wish to contest the penalty, you can court elect to have the matter heard in the local court. In the local court, you will have the opportunity to enter a plea and the court will determine the appropriate penalty, which may differ from the original infringement.

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Will I still get fined if I run a red light to make way for the police?

When you make the decision to run a red light to make way for an emergency vehicle, you must consider the potential consequences, even If your actions are legally justified. 

If you run a red light and are caught by a red-light camera, the owner of the vehicle will automatically receive a fine in the mail from the Roads and Maritime Services. This automated process does not account for the context or the reasons behind the traffic violation. The fine will include both a monetary penalty and demerit points. A digital image or digital photo is captured by the red light camera as evidence. The image shows the vehicle at the intersection, and the details reflected in the evidence include the number plate, date, time, and location details. The number plate and location details are specifically included to identify the vehicle and the site of the offence.

If you receive an infringement notice, you can request an internal review of the notice if you believe it was issued unfairly. Revenue NSW reviews can be requested online, and a clean driving record may be considered during the review process. Current camera locations are published on the New South Wales website, providing transparency for drivers. State government notes about red light camera enforcement in South Wales and New South Wales are also available for public reference.

Regardless of the reason for running a red light, you will need to appeal the fine if you do not want to pay it and lose demerit points. The appeal process involves providing evidence and an explanation for your actions. You must demonstrate that you ran a red light to make way for an emergency vehicle and that it was safe to do so at the time. This evidence may include witness statements, dashcam footage, or other documentation.

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Appealing a Red Light Camera Fine

Requesting a Penalty Review from Revenue NSW

If you receive a red light camera fine for running a red light to make way for an emergency vehicle, you have the option to request a penalty review. This steps of this involve: 

1. Gather Evidence 

Collect all relevant evidence which supports your case. This includes any witness statements or footage showing the emergency vehicle and demonstrating the necessity of your actions 

2. Submit an Application

Visit the Revenue NSW website and submit an online application for a penalty review. You will need to provide personal details, information about the fine, and a detailed explanation of why you are requesting the review. 

3. Include Supporting Documents

Upload all the evidence to support your case and ensure documents are concise and clear. 

4. Wait for the Review and Receive a Decision 

Revenue NSW will review your application and evidence, the time this may take varies. You will then receive a decision from Revenue NSW. If your review is successful, the fine and demerit points will likely be waived. If you are not successful, you may need to consider further action such as electing to take the matter to court. 

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Electing to Take the Matter to Court

If Revenue NSW or Roads and Maritime Services (RMS) do not accept your appeal, you can elect to take the matter to court. Here’s how to proceed and why engaging skilled traffic lawyers like Faraj Defence Lawyers (FDL) is necessary:

1. Prepare Your Case: 

Ensure you have all necessary evidence ready, including any photo evidence from the red-light camera and dashcam footage that shows you were giving way to an emergency vehicle.

2. File Court Documents: 

Submit the required documents to the court to formally contest the fine. This will typically involve filling out a court election form and providing a statement of your defense.

3. Defend Your Case in Court: 

Your lawyer will present your case on your behalf, highlighting the evidence that supports your claim. Your lawyer will use the evidence to show that you were acting out of necessity to allow an emergency vehicle to pass safely.

4. Reference Legal Defenses: 

Your lawyer will reference the defense of necessity, arguing that running the red light was necessary to prevent a greater harm or danger, such as obstructing an emergency vehicle.

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Need help to appeal a red-light driving offence?

Appealing a red-light driving offence, especially when making way for emergency vehicles, can be challenging. Automated red-light cameras do not consider context, resulting in fines and demerit points even when drivers act out of necessity. 

New legislation emphasizes the importance of allowing emergency vehicles to pass without delay, even if it means breaking traffic rules. This approach could lead to fairer treatment for drivers in emergency situations and improve response times for emergency services.

If you need help appealing a red-light offence, understanding these legal nuances and gathering strong evidence is crucial for a fair outcome. Our Defence Lawyers are experienced in all traffic matters and can assist you through this complex process.

Call us now at (02) 7813 0950 or schedule in a free initial consultation virtually or at our Parramatta Office, and let us help you navigate this critical aspect of your legal journey with confidence and ease.