While Victoria’s updated Road Rule 79A tells you when to slow to 40km/h, many drivers aren’t clear on when that rule doesn’t apply.
Confusion around flashing lights, road positioning, and overtaking can lead to unnecessary slowdowns, which disrupt traffic and create new hazards.
This guide breaks down when you’re not legally required to slow down or stop, based on common misconceptions among Melbourne drivers.
Contents
- 1 Do you need to slow down if the flashing vehicle is on the other side of the road?
- 2 Is slowing down always safer on Melbourne roads?
- 3 Should you slow down in the far-right lane when there’s a flashing vehicle on the shoulder?
- 4 When can you overtake vehicles that are pulled over?
- 5 Are hazard lights and flashing lights treated the same?
- 6 Why knowing when not to slow down matters
- 7 FAQs
Do you need to slow down if the flashing vehicle is on the other side of the road?
No, you don’t need to slow down if you’re driving in the opposite direction and there’s a physical median or safe separation.
Road Rule 79A only applies when:
- You’re approaching on the same side of the road
- There is no clear barrier or separation
- The vehicle is stationary or moving under 10km/h with flashing lights or an alarm
So if a tow truck is on the opposite side of a dual carriageway or freeway, you can maintain your speed—unless signage says otherwise.
Is slowing down always safer on Melbourne roads?
Not always. Slowing unnecessarily can cause accidents or confuse drivers behind you.
Examples where slowing may be unsafe:
- Abruptly braking when no vehicle ahead requires it
- Misjudging traffic speed in outer suburban zones
- Overcompensating when lights are amber but the intersection is clear
Driving defensively doesn’t mean overreacting; it means knowing the rules and applying them only when needed.
Should you slow down in the far-right lane when there’s a flashing vehicle on the shoulder?
No, you don’t need to slow down in the far-right (overtaking) lane if the flashing vehicle is stopped on the left shoulder and there’s a safe buffer.
In Victoria, the rightmost lanes on multi-lane roads are designated for overtaking or maintaining consistent speed. Unless the flashing vehicle is:
- Directly in your lane, or
- Obstructing your path, or
- There’s no safe buffer or traffic separation,
…you are not required to drop to 40km/h. In fact, unnecessarily slowing in an overtaking lane can be dangerous and illegal, as it disrupts traffic flow and may cause rear-end collisions.
Drivers in Melbourne should maintain safe awareness without overcorrecting in fast-flow traffic zones.
When can you overtake vehicles that are pulled over?
You can overtake pulled-over vehicles if they are not showing flashing lights or sounding alarms—and it’s safe and legal to do so.
You are not required to:
- Slow to 40km/h for a parked delivery van
- Stop for a tradie’s ute with hazard lights on
- Yield to roadside vehicles not performing emergency functions
Just make sure to give sufficient passing distance and check mirrors before overtaking.
Are hazard lights and flashing lights treated the same?
No, hazard lights are not covered by Road Rule 79A unless accompanied by emergency lights or alarms.
For example:
- A breakdown vehicle with hazard lights only? ✅ You can pass without slowing to 40km/h.
- Same vehicle with yellow flashing beacons or magenta lights? ❌ You must slow.
Understanding this distinction helps avoid both fines and traffic blockages.
Why knowing when not to slow down matters
Drivers who brake unnecessarily contribute to rear-end crashes, congestion, and even road rage.
Being a responsible Melbourne driver means:
- Following the rules accurately
- Staying alert but not panicking
- Letting traffic flow efficiently and safely
FAQs
Can I keep driving at normal speed past a parked car with hazards on?
Yes, as long as it’s not flashing red, blue, yellow, or magenta lights and it’s not an emergency or escort vehicle.
What if a tow truck is on the other side of a divided road?
You don’t need to slow down if you’re separated by a median or a safe distance.
Do I have to stop or just slow down under Road Rule 79A?
You only need to slow to 40km/h, stopping is not required unless directed by police or road signage.
New Victorian Road Rule from July 1 2025
Still unsure when you do need to slow to 40km/h?
Victoria’s updated Road Rule 79A explains exactly when you’re legally required to slow near flashing lights, even on freeways.
👉 Read the full breakdown of Road Rule 79A and what’s changing from July 1
