Should you buy a modified car?
Researching what’s legal and what isn’t before buying a modified car shouldn’t be done solely via social mediaFrom window tinting, spoilers, paint job, custom upholstery and premium audio systems, car modification is a popular way for Australians to personalise their vehicles, boost performance and enhance practicality.
But with this popularity comes a big debate about which car modifications are legal and which aren’t. And this debate has been going gangbusters on social media, where Aussie car enthusiasts are posting to platforms like TikTok about specific modifications, some even creating dedicated accounts specifically for car-modification content.
While many videos feature gripes about illegal modifications that the user believes should be legal, other videos, including one by Rays Euro Tech, warn drivers about the risk of buying a modified car, as it may have illegal features.
@rayseurotech WATCH THIS BEFORE BUYING A MODDED CAR ???? #rayseurotech #caraustralia #rwc #roadworthycertificate #australia #carmods #eurocars #buyingacar #aussiecars #askamechanic #melbournemechanic #mechanicsoftiktok #fyp??
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In one video, Ray details a series of car modifications – including lowered suspension and the installation of non-stock wheels – on a car that was later purchased by another driver, who had to fork out a lot of money to undo many of the changes to meet NSW standards.
Principal Lawyer from Astor Legal, Avinash Singh, says that any modification of a vehicle “which is not approved by the relevant state’s transport authority is considered illegal” and can bring with it a hefty fine.
Avinash adds that drivers should be wary of which car modifications breach traffic laws, typically involving “alterations to the body, engine, suspension, brakes or chassis.” Illegal modifications can include heavily tinted windows, wheel spacers, under-glow lights and not having mud guards.
The basis of making car modifications illegal is that any changes to a vehicle affect its safety. “This poses a risk to the person driving the vehicle as well as other road users,” explains Avinash.
Australian car modification laws by state
State | Regulation | Offence Description | Maximum Penalty |
|---|---|---|---|
New South Wales | Using or permitting use of unlawfully modified vehicle on road or road-related area | $2200 fine | |
Victoria | Driving an unlawfully modified vehicle | Slightly over $1000 fine | |
Tasmania | Driving an unlawfully modified vehicle | Slightly over $2000 fine | |
Queensland | Permitting an illegally modified vehicle to be driven | Just under $10,000 fine | |
Western Australia | Altering vehicle from manufacturer’s specs without Transport WA approval | $800 fine | |
South Australia | Modifying vehicle without approval from Department of Infrastructure and Transport SA | Approximately $1000 fine |
However, Avinash reveals that “there are exemptions for modifications to vehicles that are not driven on roads or road-related areas.”
“If a vehicle is not to be driven on a road or road-related area, there is no real safety risk to
other road users, so these modifications are lawful. Usually, these vehicles are merely used for exhibition or display purposes,” he says.
While there are educational videos about car modifications on social media, Avinash warns against seeking legal advice about car modifications there.
“Social media is perhaps the worst place to obtain legal advice for modifying a vehicle,” he says.
“This is because there is almost never any reference to the actual regulations or laws that apply. If someone wants to modify their vehicle, they are better off contacting a specialist traffic lawyer or contacting their relevant state authority. They will be able to provide accurate advice on what laws apply and what is actually legal and illegal.”
Related: What car modifications are illegal?
Related: What are the best 4x4 mods for remote area driving?
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