Brisbane woman fights $575 fine after running red light to get out of way of ambulance

A Brisbane woman is fighting a $575 fine over a little-known loophole in a Queensland road rule regularly catching other motorists out.

• Explained: Qld’s bizarre road rules

A Brisbane woman has spent months fighting a loophole in a little-known Queensland road rule that left her with a $575 fine and three demerit points.

The woman, who only wanted to be known as Carla, was captured on a traffic camera driving through a red light to get out of the way of an ambulance on Moggill Rd in Kenmore.

Under Queensland law, motorists are permitted to drive through a red light to clear the way for emergency services, so Carla appealed the fine expecting it to be overturned.

However, her appeal has been denied because her claim an ambulance was present was “not substantiated by photographic evidence”.

Carla has not opted to take her fight to court in what is shaping as an expensive and lengthy process.

“I was travelling inbound in the right lane and there was an ambulance (flashing lights/siren) coming from behind,” she said.

“To help clear a path I partially crossed into the right hand turning lane for Marshall Lane (red arrow).

Several Brisbane motorists have been fined at a Kenmore intersection after moving out of the way of an emergency vehicle. Picture David Clark

“Once clear, I returned to the lane I was originally travelling in and continued straight ahead (green light).

“It seems that by partially crossing into the right turning lane and then continuing straight ahead, I have triggered the red light camera for the red turning arrow.

“There is no option for disputing this infringement other than going to court … it’s like (the Queensland Government) are hoping that people put it in the too hard basket and just pay it.”

Carla has had to go through a Right to Information process to access Queensland Ambulance Service records to prove the ambulance was at the intersection when she ran the red light.

It comes after an email rejecting her appeal stated that photographic evidence did not “substantiate your claim that an ambulance services vehicle was behind your vehicle”.

“The photographic evidence associated with this matter has been reviewed. This evidence shows your vehicle in the right turning lane (as evidenced by the road directional arrows) on Moggill Road, Kenmore with the right turn arrow showing a red signal.

“The offence of ‘Fail to stop at red light’ is committed once you have crossed the solid white STOP line irrespective of whether you turned right into Cedarleigh Road/Marshall Lane or proceeded straight through the intersection.

“Infringement notices for camera detected offences are issued and enforced in accordance with the law. In order to maintain public confidence, the provisions of the law must be applied consistently across all members of the community. Accordingly, the infringement notice will not be withdrawn.”

The Queensland Revenue Office estimates it receives up to two of these disputes a month.

Whenever a person disputes an infringement notice, QRO reviews other images taken around the time of the offence and in other lanes to identify if an emergency vehicle can be seen just before or after the offence.

If the images indicate the offence was committed when making way for the emergency vehicle, the infringement notice will be withdrawn.

Under Queensland law, motorists are required to clear the way for emergency vehicles as soon as it is safe to do so.

But if no emergency vehicles are found in the images around the time of the offence, the infringement notice remains in effect.

Additionally, if the images show other drivers who have also been issued with infringement notices for disobeying road rules to make way for the emergency vehicle, those infringement notices would also be withdrawn and the other drivers notified.

Carla said she emailed Queensland Transport Minister Mark Bailey’s office as she was “not prepared to accept” the outcome.

“The response provided states that photographic evidence does not substantiate an ambulance with flashing lights and sirens was behind my vehicle,” Carla wrote.

“However, it fails to acknowledge TMR making no attempt to communicate with QAS as to the presence of an emergency vehicle.

“Based on the respective positions of both my vehicle and the vehicle on my left, they clearly depict both of us straddling two lanes in order to attempt to create a space for the traffic behind us that included an emergency vehicle.”

The Queensland government website states: “the law allows you to drive on the wrong side of the road or drive through a red traffic light to get out of the way of an emergency vehicle if it is safe to do so”.

But Brisbane motorists claim the laws are a “lose-lose situation” as road users can also be fined a minimum of $335 if they do not move out of the path of an emergency vehicle.

Another Brisbane resident, who wished to remain anonymous, said she was also fined at the Kenmore intersection after she moved out of the path of an undercover police car.

“Basically there was an undercover cop car two cars back, we pulled into the right hand turning lane to move out the way and after they went past we continued straight, there was a green straight light but a red arrow so we got done,” she said.

“We got a verdict from our dispute which basically said because the police car wasn’t directly pictured in the fine that it would not be removed.

“I can’t imagine having a police car or ambulance behind you and just sitting there until the light turns green, or not moving out of the way in general … you’re trying to do the right thing and you get fined anyway. It’s just revenue raising.”