Is the police allowed to exceed the speed limit to pull over a car in Victoria?
posted 3 years ago
If the traffic police intend to stop and question a car that is not escaping from them but is driving on a different road or on the same road but traveling in the opposite direction, are the police allowed to exceed the speed limit, and if yes what's the maximum speed they can do without using their lights and sirens? Is there a maximum with lights and sirens? Do they have to radio for permission if they go above a certain limit?
According to Section 305 of the Road Safety Road Rules 2017, the police are to be exempt from the Part 3 requirement to obey the speed limit.
305 Exemption for drivers of police vehicles
(1) A provision of these Rules 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; 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.
(2) Subrule (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.
In addition, there are no rules or guidelines concerning maximum speeds - with or without lights and sirens - as it will depend on the circumstances. There is also no statutory requirement to ask radio for permission.