Road rules – and facts you may not know
- Some Australian road rules are not well known
- It’s good to know these rules to avoid being booked
- Laws and penalties differ from state to state
When we jump in our car and start the engine, most of us feel pretty confident we know what we’re doing. But is that confidence misplaced?
Checking out these more unusual Aussie road rules may help you avoid being pulled over on a technicality.
Can I sound my horn while driving?
Horns can blare continually in city centres, and it’s not unusual to hear one driver give another a blast of their car horn if they’re frustrated by their driving.
But did you know your car horn only has one legal use? That is, to warn another vehicle (or animal) that you’re there.1 Other than that, it’s best to practise restraint – even if you want to give your mate a toot and a wave goodbye.
Potential penalties
- NSW: Fine of up to $410.2
- Vic: One penalty unit,3 which from 1 July 2024 is $197.59.4 Fines are rounded to the nearest dollar in Victoria,5 so you’d be looking at $198.
- QLD: Maximum fine of 20 penalty units6 (from 1 July 2024, one penalty unit is $161.307), meaning the total fine could be up to $3,226.8
- ACT: Fine of up to 20 penalty units.9 One penalty unit is currently $160,10 meaning a total potential fine of $3,200.11
- SA: Fine of $323.12
- WA: One penalty unit,13 which is currently worth $50.14
- NT: Sounding the horn illegally is subject to a ‘general penalty’ which carries a maximum of 12 months imprisonment or a fine of 20 penalty units.15 One unit is currently $185,16 so the maximum fine comes in at $3,700.17
- Tas: Fine of $146.25 (0.75 penalty units).18
Can I leave my car window open while I’m not in the car?
Short answer: not in some states – at least not if you’re more than three metres away. If you’re venturing more than 3m away from the car, the windows have to be secured (a gap of up to two centimetres is considered secure in most states.19 In Queensland, five centimetres is fine20) and the car has to be locked.21
This has been introduced to reduce the opportunities for car theft.
Potential penalties
- NSW: Fine of $136.22
- Vic: Three penalty units23 – which from 1 July 2024 is $197.59.24 Total fine, $59325 (as fines in Victoria are rounded to the nearest dollar).
- Qld: A maximum of 20 penalty units is applicable.26 With each penalty unit valued at $161.30 as of 1 July 2024, that’s a potential fine of $3,226.27
- ACT: ACT doesn’t include this in their rules around vehicle security.28
- SA: In SA, drivers are exempt from having to secure their vehicles.29
- WA: A fine of one penalty unit applies30 – this is currently $50.31
- NT: In NT, this rule does not apply.32
- Tas: Fine of $97.50.33
Can I eat or drink while driving?
While there’s no legislation that specifically bans eating or drinking at the wheel,34 it’s linked to other rules – like having complete control of the car and driving with care and attention. So, it’s wise to park for that coffee break.
Potential penalties
- NSW: Negligent driving can come with a $544 fine and three demerit points.35
- Qld: Driving without due care and attention comes with a $645 fine and three demerit points.36
- Vic: From 1 July 2024, a penalty unit in Victoria is $197.59.37
Careless driving in Victoria (first offence) can result in up to 12 penalty units ($2,37138), or up to 25 ($4,94039)for a subsequent offence.40 - ACT: Negligent driving (without causing death or bodily harm) attracts a fine of up to 20 penalty units.41 One penalty unit is currently $160,42 meaning a total potential fine of $3,200.43
- SA: For non-aggravated offences, a fine of up to $2,500, plus three demerit points.44
- WA: Careless driving can bring a fine of up to 30 penalty units.45 With one penalty unit currently worth $50,46 that’s $1,500.47
- NT: Up to 20 penalty units or six months imprisonment for careless driving that doesn’t result in serious harm/death.48 With each penalty unit valued at $185 from 1 July 2024,49 that’s $3,700.50
- Tas: Fine of $195 and three demerit points for driving without due care and attention.51
Can I wear thongs while driving?
Contrary to popular belief, you can. There’s nothing in the Australian Road Rules that prohibits wearing thongs when driving a car.52
Choosing a comfortable shoe that fits correctly, has a good grip, and doesn’t hinder control of your vehicle can help keep everyone safe and make sure you aren’t breaking any rules.
Can I use my mobile phone to pay in a drive-through?
This is a grey area because legislation in some states is catching up with technology faster than others.
In NSW, you can use the digital wallet function of the phone with the engine running if you’re in a car park or drive-through.53 In Queensland you can use your phone to pay for goods and services if you’re ‘safely stopped’.54 And in Victoria you can use a mobile phone to pay at a drive-through.55
In SA, the ACT, NT, WA and Tassie, however, you can only use your phone to pay at the drive-through if it is ‘parked’ – so that means you need the handbrake on.56
At a roundabout, do you just have to give way to traffic from the right?
No – at a roundabout you must give way to all traffic in the roundabout57 – that’s why it’s so important to slow down at the give way line.
It’s a common misconception that you only need to give way to the right. But if a slower vehicle is entering the roundabout from your left before you reach the give way line, and you don’t give way, you might cause an accident.
Potential penalties for not giving way at a roundabout:
- NSW: Fine of $410 and three demerit points.58
- Qld: Failing to give way: a maximum fine of 20 penalty units.59 With each penalty unit being valued at $161.30 from 1 July 2024,60 that’s $3,226.61
- Vic: Failing to comply with roundabout requirements: five penalty units62 = $988.63 From 1 July 2024, a penalty unit in Victoria is $197.59.64
- Tas: $195 fine and three demerit points.65
- ACT: $536 fine and three demerit points.66
- SA: Fine of $616 and three demerit points.67
- WA: $150 fine and three demerit points.68
- NT: Failing to give way lands you with a fine of $100.69
Here are three state-based quirks to contend with
South Australia – the five-second rule
In SA, if you’re moving from a stationary start, you must signal for at least five seconds before pulling out70 – otherwise, it’s a $482 fine and two demerit points71.
Victoria – performing a hook turn
To turn right at a junction, you typically need to be in the right lane. Not at all Melbourne junctions, however. Sometimes, you need to be in the left lane to perform a ‘hook turn’.72
Tasmania – how fast at traffic lights?
Of course, you always need to watch your speed – and if you’re in Tasmania, you need to take particular care at traffic lights. If you’re turning right or left at a traffic light intersection, you can’t go more than 20km/h – or you could get a fine of $146.25 and two demerit points.73
Sometimes – no matter how many rules you’re aware of – an accident can occur. If that happens, make sure you’ve got the right car insurance so you can get back on the road in no time.
Laws are correct to the best of our knowledge at the time of publication. If in doubt, check with individual state laws.
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1 Australian Road Rules – 9 June 2023 – Australasian Parliamentary Counsel’s Committee
2 Demerit points – General driving offences | NSW Government
3 Road Safety Road Rules 2017 – REG 224 – Using horns and similar warning devices
4 Penalties and values | Department of Justice and Community Safety Victoria
5 Penalties and values | Department of Justice and Community Safety Victoria
6 Transport Operations (Road Use Management—Road Rules) Regulation 2009 | Queensland Legislation | Queensland Government
7 Sentencing fines and penalties for offences | Your rights, crime and the law | Queensland Government
8 $161.30 x 20 = $3226
9 Road Transport (Road Rules) Regulation 2017 | ACT Legislation Register
10 Legislation Act 2001 | ACT Legislation Register
11 $160 x 20 = $3200
12 Expiable offences & fees – Traffic | South Australia Police (SAPOL)
13 Road Traffic Code 2000 | Western Australian Legislation
14 Driving offences (speeding, alcohol and traffic) | WA Department of Transport
15 Traffic Act 1987 | Northern Territory Legislation
16 Penalty units | Attorney-General’s Department | Northern Territory Government
17 $185 x 20 = $3700
18 Find a traffic offence (Code E060) – Transport Services | Tasmanian Government
19 Australian Road Rules – 9 June 2023 – Australasian Parliamentary Counsel’s Committe
20 Transport Operations (Road Use Management—Road Rules) Regulation 2009 | Queensland Legislation | Queensland Government
21 Australian Road Rules – 9 June 2023 – Australasian Parliamentary Counsel’s Committe
22 Demerit points – General driving offences | NSW Government
23 Road Safety Road Rules 2017 – REG 213 – Making a motor vehicle secure
24 Penalties and values | Department of Justice and Community Safety Victoria
25 3 x $197.59 = $592.77 Rounded to nearest $ = $593
26 Demerit points schedule | Transport and motoring | Queensland Government
27 $161.30 x 20 = $3226
28 Road Transport (Road Rules) Regulation 2017 | ACT Legislation Register
29 Road Traffic (Road Rules—Ancillary and Miscellaneous Provisions) Regulations 2014 | South Australian Legislation
30 Road Traffic Code 2000 | Western Australian Legislation
31 Driving offences (speeding, alcohol and traffic) | WA Department of Transport
32 Traffic Regulations 1999 | Northern Territory Legislation
33 Find a traffic offence (Code F287) – Transport Services | Tasmanian Government
34 Is it Illegal to Eat and Drive? (2025 Update) | Lawpath
35 Demerit points – General driving offences | NSW Government
36 Demerit points schedule | Transport and motoring | Queensland Government
37 Penalties and values | Department of Justice and Community Safety Victoria
38 $197.59 x 12 = $2371.08
39 $197.59 x 25 = $4939.75
40 Road Safety Act 1986 – Sect 65 – Careless driving
41 Road Transport (Safety and Traffic Management) Act 1999 Sect 80 | ACT Legislation Register
42 Legislation Act 2001 | ACT Legislation Register
43 $160 x 20 = $3200
44 Careless driving (driving without due care) | Legal Services Commission South Australia
45 Road Safety Act 1974 – Sect 62 – Careless driving
46 Driving offences (speeding, alcohol and traffic) | WA Department of Transport
47 30 x $50
48 Traffic Act 1987 | Northern Territory Legislation
49 Penalty units | Attorney-General’s Department | Northern Territory Government
50 20 x $185 = $3700
51 Find a traffic offence (Code C097) – Transport Services | Tasmanian Government
52 Australian Road Rules – 28 May 2021 – Australasian Parliamentary Counsel’s Committee
53 Mobile phones, digital screens and GPS | NSW Government
54 Driving and mobile phones | Transport and motoring | Queensland Government
55 Device rules for drivers with a full licence – Transport Victoria
56 Can you use your phone to pay at a drive-through? | Drive
57 Australian Road Rules – 28 May 2021 – Australasian Parliamentary Counsel’s Committee
58 Demerit points – General driving offences | NSW Government
59 Transport Operations (Road Use Management – Road Rules) Regulation 2009 – REG 114 – Giving way when entering or driving in a roundabout
60 Sentencing fines and penalties for offences | Your rights, crime and the law | Queensland Government
61 $161.30 x 20
62 Road Safety Road Rules 2017 | Victorian Legislation
63 5 x $197.59 = $987.95, rounded to $988
64 Penalties and values | Department of Justice and Community Safety Victoria
65 Find a traffic offence (Code Z060) – Transport Services | Tasmanian Government
66 Road Transport (Offences) Regulation 2005 | ACT Legislation Register
67 Expiable offences & fees – Traffic | South Australia Police (SAPOL)
68 More road rules and penalties | Government of Western Australia
69 Traffic Regulations 1999 | Northern Territory Legislation
70 My Licence – The Driver’s Handbook – Driving signals
71 Expiable offences & fees – Traffic | South Australia Police (SAPOL)
72 Hook turns – Transport Victoria
73 Find a traffic offence (Code M174) – Transport Services | Tasmanian Government
