Everybody has heard the urban myth about the driver who escaped a speeding fine because the police officer that issued his ticket wasn't wearing a high visibility vest for Occupational Health and Safety (OH&S). So, with CarAdvice reader Trent e-mailing us with that exact question this week, we set off to investigate.
Q: Hi guys. Love the site! Keep up the great work.
A: Good question, Trent. In fact, it's one that has been doing the rounds for some time — where the individual fought a speeding fine because the police officer wasn't wearing a high visibility reflective vest.
To get a definitive answer, we touched base with the Victoria Police to see what the ruling is in your state.
Victoria Police senior media officer, Ben Radisich, told CarAdvice:
"Members must wear a high visibility vest when performing a role where the primary function is road policing duties or when on roads in close proximity to moving vehicles. Members will not be required to wear a high visibility vest:
• where in the assessment of the member, wearing the vest represents a serious risk to health and safety (such as responding to an armed offender or siege situation); or
• if authorised by a supervisor on a specific occasion, for specific duties or planned operations.
If members assess that wearing the high visibility vest on roads represents a serious risk to health and safety they must be able to justify such a decision, if required to do so."