Issue
Is a vehicle that is only identifiable as a police vehicle by external markings, an 'emergency vehicle' for the purposes of regulation 3B of the Diesel and Alternative Fuels Grants Scheme Regulations 2000 (the Regulations)?
Decision
Yes. A vehicle that is only identifiable as a police vehicle by external markings, is an 'emergency vehicle' for the purposes of regulation 3B of the Regulations.
Facts
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.
Reasons for Decision
Section 5 of the Diesel and Alternative Fuels Grant Scheme Act 1999 (DAFGSA) 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 3B of the Regulations defines the meaning of 'emergency vehicle' for the purposes of section 5 of the DAFGSA. The most pertinent paragraphs state that an emergency vehicle is: (c) a vehicle operated by a police force or service that is fitted with a siren and 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), operated by the Commonwealth or a State or Territory, or a Commonwealth, State or Territory authority: (i) for a purpose similar to the purposes indicated in 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 3B of the Regulations.
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 3B of the Regulations.
Paragraph (e) of Regulation 3B of the Regulations provides that 'emergency vehicle' may extend to a vehicle operated by a State authority, for a purpose similar to a purpose indicated in any of the previous paragraphs of Regulation 3B, if it is 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 3B of the Regulations is met. The second requirement of paragraph (e) of Regulation 3B 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 identify it as a police vehicle.
Accordingly, a vehicle that is only identifiable as a police vehicle by external markings is an 'emergency vehicle' for the purposes of Regulation 3B of the Regulations.