A Kandos man who claimed to be unaware of the recent law requiring drivers to slow down to 40km/h when passing stationary emergency vehicles, escaped conviction when he had the matter dealt with in court.
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At 8.11am on Thursday, December 13, 2018, a Highway Patrol officer had a vehicle stopped on the Castlereagh Highway at Cudgegong and was speaking to the driver.
Another vehicle then drove past the scene at what the officer estimated to be about 80km/h.
As it approached the officer waved at the driver indicating to slow down, which he didn't do, so he was told to pull over.
When asked if he was aware of the law requiring motorists to slow down to 40km/h when passing emergency service workers, he said "I've never heard of that".
And further stated that he didn't watch television or read the newspaper.
However, he did tell the officer that he would instinctively slow down when passing an ambulance.
In Mudgee Local Court last Wednesday the 66-year-old man reiterated that he was unaware of the law because of the remote area in which he resides.
Magistrate David Day said that even though "ignorance is no excuse" he accepted that this was a reason for missing the "extensive campaign" that accompanied the introduction of the legislation.
And taking into account the defendant's otherwise good driving record, he chose not to record a criminal conviction.
Although His Honour did add, "this is a safety issue and it was pushed by emergency personnel".
The charge 'Drive past stationary emergency vehicle speed exceed 40km/h' is dealt with via a fine of $448 and three demerit points, but has the option to be contested in local court.
It came into affect on September 1, 2018, as a 12-month trial. The NSW Government will monitor the safety and traffic impacts of the rule during the period in consultation with NSW Police, emergency service organisations as well as stakeholder groups.
Then Minister for Police and Emergency Services, Troy Grant, said at the time that the aim was to give emergency workers extra protection and confidence.
"They should be able to attend road incidents without fear of being struck by a vehicle themselves," he said. "These new measures will help ensure the safety of our dedicated emergency service personnel."
