Must emergency vehicles always have their sirens on when travelling to an emergency?

Question:

Is there a regulation that states that emergency vehicles MUST always have their sirens on when travelling to an emergency?

Answer:

Section 58 of the National Road Traffic Act states that:

58. Failure to obey road traffic sign prohibited

(1) Subject to subsection (3), no person shall, unless otherwise directed by a traffic officer, fail to comply with any direction conveyed by a road traffic sign displayed in the prescribed manner.

(2) In any prosecution for a contravention of or a failure to comply with a provision of subsection (1), it shall be presumed, in the absence of evidence to the contrary, that the road traffic sign concerned was displayed by the proper authority under the power conferred by this Act and in accordance with its provisions.

(3) The driver of a firefighting vehicle, a firefighting response vehicle, a rescue vehicle, an emergency medical response vehicle or an ambulance who drives such vehicle in the performance of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995), who drives a vehicle in the carrying out of his or her duties or any person issued with the necessary authorisation and driving a vehicle, may disregard the directions of a road traffic sign which is displayed in the prescribed manner: Provided

that—

(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and

(b) in the case of any such firefighting vehicle, firefighting response vehicle, rescue vehicle, emergency medical response vehicle, ambulance or any vehicle driven by a person issued with the necessary authorisation, such vehicle shall be fitted with a device capable of emitting a prescribed sound and with an identification lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in disregard of the road traffic sign.

[Subs. (3) amended by s. 15 (a), Act 64/2008 by Proc. 60 of 10 November 2010 w.e.f. 20 November 2010.]

;

Section 60 of the National Road Traffic also states that:

60. Certain drivers may exceed general speed limit

Notwithstanding the provisions of section 59, the driver of a firefighting vehicle, a firefighting response vehicle, a rescue vehicle, an emergency medical response vehicle or an ambulance who drives such vehicle in the carrying out of his or her duties, a traffic officer or a person appointed in terms of the South African Police Service Act, 1995 (Act No. 68 of 1995), who drives a vehicle in the carrying out of his or her duties or any person issued with the necessary authorisation and driving a vehicle, may exceed the applicable general speed limit: Provided that

—

(a) he or she shall drive the vehicle concerned with due regard to the safety of other traffic; and

(b) in the case of any such firefighting vehicle, firefighting response vehicle, rescue vehicle, emergency medical response vehicle, ambulance or any vehicle driven by a person issued with the necessary authorisation, such vehicle shall be fitted with a device capable of emitting a prescribed sound and with an identification lamp, as prescribed, and such device shall be so sounded and such lamp shall be in operation while the vehicle is driven in excess of the applicable general speed limit.

[S. 60 substituted by s. 16, Act 64/2008 by Proc. 60 of 10 November 2010 w.e.f. 20 November 2010.]

Also view:

Safe Driving when hearing the Emergency Sirens

Howard Dembovsky

National Chairman – Justice Project South Africa (NPC)

Must emergency vehicles always have their sirens on when travelling to an emergency?