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Helen Hawkes14 Sept 2022
ADVICE

The six driving crimes you may be guilty of

There are two types of driving crimes – the ones that are punishable by law and the ones that should be.

We’re talking about texting while driving or speeding through a roundabout versus going slow in the fast lane and fast in the slow lane when other motorists want to pass.

But, as it turns out in many states and territories, what many of us think of as inconsiderate driving habits can actually land you a fine, especially if there’s a police officer or a camera around.

Here are six driving crimes that drive police officers and fellow motorists crazy.

Hogging both lanes

Everyone hates the straddler. Will they go left, or go right, or just continue driving with a tyre in both camps? Choose a lane buddy! There’s two for a reason. And, if you’re a continual lane hogger, you may pay the price.

Tara McCarthy, Deputy Secretary Safety, Environment and Regulation, Transport for NSW says that in NSW for example, a driver on a multi-lane road who doesn’t drive completely in a marked lane may incur up to 4 demerit points and a fine of $1446 if caught in a Safe-T-Cam zone.

Sending text messages or making video calls while driving

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Best rule for everyone – take your hands off it.

In NSW, Victoria, Tasmania and the Northern Territory and Canberra, it’s illegal for learners or probationary drivers to use a mobile phone, even if it’s hands-free while driving or stationary. In Queensland and South Australia the same laws apply, but P2 drivers can use a mobile as long as it’s hands-free.

Generally, for fully licenced drivers, it’s legal to make or receive a phone call, listen to music or a podcast, or use GPS on your phone, hands-free of course.

That said, texting, video calling or emailing is prohibited.

Riding the bumper

monash peakhour tailgating

Who doesn’t hate the driver who sits so close to your rear bumper that, if you were forced to stop, they’d rear end you. Turns out this one isn’t just irritating, it’s illegal.

In Victoria, NSW, WA and Tasmania, drivers must keep a two-second gap between them and the car in front, with every other state and territory requiring a three-second gap.

In NSW, not doing so may result in a fine of $481 and three demerit points while, in Victoria it’s a $300 fine and one demerit point.

If there is no traffic patrol to enforce this rule, it’s always best to pull over and let tailgaters pass.

Blowing excess smoke and fumes out the back of your very old, needs-to-be-serviced, polluting-the-world car

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“You can get a defect notice if your vehicle is too noisy, drips oil or blows too much smoke,” says McCarthy. You may even get a penalty notice.

If you’re the driver choking on smog, know that it’s possible to report cars emitting excess exhaust smoke for more than 10 seconds to environmental authorities in Victoria and Queensland, for example.

Going slow in the fast lane

keep left unless overtaking 2bq4

Ever been stuck behind someone doing 20km/hr in an 80km/h zone?

According to the Australian Road Rules, a driver cannot “unreasonably obstruct the path of another driver or pedestrian”, without a good reason, and could cop a fine.

Of course, that doesn’t help if you’re stuck behind them with no police officer in sight. But don’t let frustration get to you; wait until it’s safe to pass and keep your fingers to yourself.

Having a bit of a party in your car

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Two in the front, four in the back, a few hands and heads out windows, maybe even a few tinnies being waved around; or just a driver constantly swivelling their head to talk to those in the side or rear seats. Make you nervous? It should.

A driver who’s looking at passengers in the back is not going to see a sudden obstacle and that can be dangerous for you, if you’re in close proximity to them, so maybe pass this turkey when it’s safe.

McCarthy says that, in order to be a low-risk driver, you need to constantly scan the road and surrounding environment for any potential safety risks.

As for a few in-car beverages, in Queensland, Tasmania and the ACT, the driver and passengers must not open or consume alcohol while driving, although other passengers can open and consume alcohol in NSW, Victoria and SA. Laws are tougher in WA where drivers or passengers can be penalised for opening or consuming alcohol in a car, even if the vehicle is stationary.

Related: Pets in cars: What are the rules when on the road?
Related: The world's weirdest road rules
Related: The strangest Aussie road rules revealed

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Written byHelen Hawkes
Our team of independent expert car reviewers and journalists
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