Traffic Law Experts

In NSW, Rule 305 of the Road Rules 2014 outlines exemptions for authorised drivers of police vehicles. This means drivers of police vehicles are exempt from certain road rules if they are taking reasonable care and displaying blue or red flashing lights or sounding an alarm while the vehicle is in motion.

There are circumstances where the requirement to display lights or sound an alarm may be deemed unreasonable.

These exemptions have sparked criticism, with concerns that they allow officers broad discretion and potentially jeopardise public safety. Some argue that the exemptions might grant officers the ability to drive without sufficient regard for other road users.

In NSW, the application of traffic laws on private property is a nuanced topic. While many driving laws are generally not applicable on private property, certain exceptions exist.

One significant aspect involves the authority of police to enforce breath tests on private property. According to Schedule 3, clause 2(1)(e) of the Road Transport Act 2013, police are generally prohibited from requiring a person to undergo a breath test, analysis or assessment ‘at the person’s home’. This means that you cannot be subjected to a breath test on your own property or a property you are renting.

Your private property, including your driveway and dedicated parking space connected to your apartment, is usually considered part of your ‘home’. This interpretation was upheld in the case of DPP v Skewes (2002). In this case, the court held that a person’s driveway and immediate surroundings are considered an extension of their home.

On private property, the majority of driving laws – such as wearing a seat belt and speed limits – typically do not apply. However, it’s important to note that certain laws, like those related to intoxication, may still apply if they pose a risk to public safety.

Understanding the interplay between traffic laws and private property can be complex. While many rules do not apply on private property, certain legal nuances remain. If you have questions about the application of traffic laws on private property or need legal guidance, it’s advisable to consult with legal experts such as the traffic lawyers at Morrisons who can provide accurate and relevant information based on your circumstances.