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Is a vehicle that is only identifiable as a police vehicle by external markings, an 'emergency vehicle' for the purposes of Regulation 5 of the Energy Grants (Credits) Scheme Regulations 2003 (the Regulations)?

Yes. A vehicle that is only identifiable as a police vehicle by external markings, is an 'emergency vehicle' for the purposes of regulation 5 of the Regulations.

The client is a State police service.

The client operates a vehicle with a gross vehicle mass of between 4.5 and 20 tonnes.

The vehicle is not fitted with sirens and flashing warning lights, and is not specially designed and fitted out for emergency response or search and rescue operations.

The vehicle has external markings on it, which consist of a State police logo and a 'Police' sign, which identify it as a police vehicle. It is not dedicated solely for emergency use but is available for emergency use if required.

Section 4 of the Energy Grants Credits Scheme Act 2003 (EGCSA) defines the term 'emergency vehicle' to mean: a vehicle that is specified in the regulations to be an emergency vehicle, or that is in a class of vehicles that are specified in the regulations to be emergency vehicles.

Regulation 5 of the Regulations defines the meaning of 'emergency vehicle' for the purpose of section 4 of the EGCSA. The most pertinent paragraphs state that an emergency vehicle is: (c) a vehicle that is: (i) operated by a police force or service; and (ii) fitted with a siren and a flashing warning light; (d) a vehicle that: (i) is designed and permanently fitted out for the purposes of emergency response or search and rescue operations; and (ii) has external markings that identify it as such a vehicle; (e) a vehicle, other than a vehicle mentioned in paragraph (a), (b), (c) or (d), that is: (i) operated by the Commonwealth or a State or Territory, or by a Commonwealth, State or Territory authority, for a purpose similar to a purpose indicated in any of those paragraphs; and (ii) identified as such a vehicle by a siren, flashing warning light, appropriate markings, or similar means.

The client's vehicle, although operated by a police force, does not have both a siren and a flashing warning light. Therefore, the client's vehicle is not an emergency vehicle under paragraph (c) of Regulation 5.

The client's vehicle is not designed and permanently fitted out for the purposes of emergency response or search and rescue operations, and therefore it is not an emergency vehicle under paragraph (d) of Regulation 5.

Paragraph (e) of Regulation 5 provides that 'emergency vehicle' may extend to a vehicle operated by a Commonwealth, State or Territory, or a Commonwealth, State or Territory authority, for a purpose similar to a purpose indicated in any of the previous paragraphs of Regulation 5. The vehicle must be identified as such by a siren, flashing warning light, appropriate markings, or similar means.

The client's vehicle is operated by a State authority as a police vehicle. Therefore the first requirement in paragraph (e) of Regulation 5 is met. The second requirement of paragraph (e) is also met, as the client's vehicle has appropriate markings, namely external markings which consist of a State police logo and a 'Police' sign, which clearly identifies it as a police vehicle.

Accordingly, the client's vehicle is an 'emergency vehicle' for the purposes of Regulation 5 of the Energy Grants (Credits) Scheme Regulations 2003.