Policy Name Amber Beacon Policy 2007
Prepared By
Document Owner(s)CPNZ National Council
PolicyVersion Control
Version / Date / Author / Change Description1 / Dec 2007 / M. Cheer.
D. Ross / Document created
[Replace this text with the name of the Change Owner.] / [Replace this text with a list of changes for this Owner on this Date and Version.]
- [Change 1]
- [Change 2]
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Use of revolving amber beacons on community patrol vehicles
Background
Several community patrols have sought clarification on the legality of fitting or carrying and using revolving amber beacons. The situation was that several community patrols had fitted and were using revolving amber beacons, however they had not sought the necessary approval (regulation 67(8) Traffic Regulations 1976) for this practice.
In 2004, in order to legitimise the practice, Inspector Cheer, in consultation with and on behalf of CPNZ, submitted to the Land Transport Safety Authority review of Vehicle Lighting Rule 32005 that a vehicle operating as a community patrol should be permitted to have fitted and use an amber beacon in certain situations:
- When the patrol vehicle is stationary, and under the control / direction of police such as at the scene of an emergency and the community patrol is involved in alerting members of the public to a potential hazard, e.g., motor accident, crime scene, fallen tree, fallen power line, civil defence situation.
- When encountering a potentially hazardous situation and it is necessary to take some immediate action to prevent danger or injury to the public pending direction by police and the arrival of other emergency services.
The submission also sought clarification on whether or not community patrol vehicles could be fitted with and use two amber beacons as some already did, and whether patrols operating covertly but occasionally called upon to assist Police, particularly to alert motorists to motor accidents, could carry and display a magnetic amber beacon for their own protection and to protect and identify the scene when necessary.
Land Transport (Road User) Rule 2004
The relevant part of the Road User Rule (RUR), which came in to force on 27 February 2005, did not directly address the submission and requires interpretation. The crux is whether community patrols come within the pattern of use of beacons specified in the Road User Rule, clause 8.5(1)(g).
8.5 Use of beacons
(1) A person must not operate a beacon fitted to a vehicle unless the beacon has been approved for fitting to the vehicle, and is-
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(g) an amber beacon fitted to a vehicle for use when the vehicle is stationary or being driven slowly and the operation of the beacon is necessary to warn other road users of a hazard due to the presence of the vehicle or of persons carrying out a lawful activity on the road in the vicinity of the vehicle.
The situations specified in the submission were emergency situations. The circumstances in which the Road User Rule envisages amber beacons to be used are not emergency situations [for which red beacons are prescribed - clause 8.5(1)(b) RUR]. However, it should be possible to argue that protecting the scene of an emergency is warning other road users of a hazard due to the presence of the vehicle or of persons carrying out a lawful activity on the road in the vicinity of the vehicle.
There is no need to get any person's approval to use amber beacons, provided they are ‘approved’ [under the Land Transport Act 1998 (including by its rules) or Traffic Regulations 1976] ‘for fitting to the vehicle’. The approval would, if appropriate, come from clause 11.2(4)(c) of the Vehicle Lighting Rule 2004 which states:
11.2 (4) The following motor vehicles may be fitted with one or two amber beacons:
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(c) a vehicle for which the use of the beacon is necessary to warn road users of a hazard due to the presence of the vehicle or of persons carrying out a lawful activity on the road in the vicinity of the vehicle.
Conclusion
Although the rules do not specifically permit community patrol vehicles to be fitted with amber beacons, there is a tenuous argument for them. While neither CPNZ nor Police can say emphatically that the new Road User Rule permits the fitting or use of revolving amber beacons, their use is unlikely to be questioned if it is sensible, only when necessary, and usually when attending an incident and under the direction of police as envisaged within the submission to the Land Transport Safety Authority (now called Land Transport New Zealand).
Community patrols need to act both within the law and safely. If community patrols decide they will fit and use revolving amber beacons, as well as abiding by the code of use described in the submission, they must pay particular attention to their own safety.
Revolving amber beacons must be used cautiously. There is no guarantee other road users will see the beacons or slow down for them.
Community patrols must at all times park at a safe distance and away from the hazard. Their purpose is to alert road users to hazards while not adding to the hazard.
The use of revolving amber beacons should be discussed and practiced during induction and on-going training before being used in any real situation.