Australian Capital Territory Numbered Regulations

ROAD TRANSPORT (POLICE DRIVER AND RIDER EXEMPTIONS) AMENDMENT REGULATION 2013 (NO 1) (NO 9 OF 2013) - REG 8

substitute

69     Exemption for driver of police vehicle—generally—Act, s 35

    (1)     An exemption provision does not apply to the driver of a police vehicle if—

        (a)     in the circumstances—

              (i)     the driver is taking reasonable care; and

              (ii)     it is reasonable that the provision should not apply, having regard to the road and traffic conditions at the time; and

        (b)     if the vehicle is a motor vehicle that is moving—the vehicle is displaying a blue or red flashing light or sounding an alarm.

Note     This section also applies to a rider of a police motorbike (see Road Transport (General) Act 1999

, dict defs "drive", driver , ride and vehicle ).

    (2)     Subsection (1) (b) does not apply to the driver if, in the circumstances, it is reasonable—

        (a)     not to display the light or sound the alarm; or

        (b)     for the vehicle not to be fitted or equipped with a blue or red flashing light or an alarm.

    (3)     In this section:

"exemption provision" means—

        (a)     the Act

, section 5B (Burnouts and other prohibited conduct); or

        (b)     the Act

, section 7 (Furious, reckless or dangerous driving), to the extent the section relates to furious or dangerous driving; or

        (c)     part 2.1 (Incorporation into ACT law); or

        (d)     part 2.2 (How the Australian Road Rules

are incorporated); or

        (e)     part 2.3 (Additional ACT road rules).