Driving in Australia: Know the Law

Before I start this post, I need to publish a disclaimer. There are six states and two territories in Australia, and, as far as I am aware, each has its own set of road rules. I can’t possibly know all of these rules, so this article does not represent legal advice in any way. It’s for entertainment.

I thank you! Okay, here goes…

If you are going to be driving a car in Australia, you’d better be sure to understand all of the rules and regulations. Trust me, there are some strange ones.

It gets worse; each state or territory has its own rules, so if you’re driving all around the country, there are a lot of rules and regulations you’ll need to come to terms with.

Strange rules.

It was some time ago that I wrote my post Buying a second-hand car in Australia Compared to England, and in that post I mentioned that in the UK, second-hand cars seemed to be for sale on every street, with a simple for sale sign stuck in a window along with a telephone number.

Here, in Australia, or certainly Queensland, I hardly ever see a car for sale on the side of the road.

Guess what?

There are laws about that too.

Jeep for sale

for saleI am selling my trusty old Jeep after five years, but before I can do that here in Queensland I need a Road Worthy Certificate (RWC). This is a bit like the U.K.’s MOT, except I’ve not had to do an RWC every year; I am trusted to ensure that my car is in a roadworthy condition.

When selling a car though, I need to MAKE SURE my car is roadworthy, hence this test. By the way, it costs $110.

When I got my roadworthy certificate, it said on the front “… the certificate must be displayed in a conspicuous place on the vehicle offered for sale. Note: failure to display this label or certificate may result in enforcement.

I telephoned Queensland’s Department of Transport and Main Roads for clarification. I explained that I had advertised my car online, but hadn’t, as yet, put a ‘for sale’ sign on it and parked it somewhere in the street. I asked under what circumstances I needed to display the certificate.

I was told that as the car has been advertised online, it is now being offered for sale and the certificate must be placed in that conspicuous place, otherwise I could be fined.

Can I put a for sale sign on it and park it in the street?” I asked.

Yes you can” I was told,as long as you display the certificate as well.” I asked what the fine was for failure to display the certificate…

$550! Kerching!!

So that’s why I don’t see cars for sale on the streets much here, people usually prefer to find a buyer FIRST, before getting the RWC done for their car. It’s pretty difficult to get caught trying to sell a car without an RWC if you haven’t got a for sale sign on it.

I mean, what are the chances?

In some states, as I understand it, it may actually be illegal to put a for sale sign on a car under any circumstances. Maybe some of my readers from around the country can clarify the rules from where they live.

So, now that my car is up for sale, this is how it looks…

for sale signAnd the certificate…

Road Worthy CertificateYou can check out the exact regulation on this page about safety certificates. Do remember to check those other state and territory rules to see what happens elsewhere.

Other strange motoring regulations

Here is a list of just some of the strange rules I came across, along with which state they are apply in and the potential fine. They may apply in all states for all I know, see disclaimer above.

  • Not giving way to a resting horse; QLD; fine $110
  • Running an orange light, that’s to say driving through an orange light when it is deemed you had enough time to stop; Vic; fine $282
  • Failure to leave 1 metre of space in front and behind when parallel parking; QLD; fine $44
  • Driving with any part of your body protruding out of the vehicle, (for example, your elbow); NSW; fine $298
  • Tooting your hooter and waving goodbye, technically, could be two offences; Vic; fine $141 for bibbing your hooter unnecessarily and another $141 for waving your arm out of the window.
  • Back in New South Wales, the same double crime, see above, would be $298 plus $298 = $596
  • Driving with a pet on your lap; QLD; fine $256.30
  • It is even illegal to leave your keys in the car and/or leave the window open if you are more than 3 metres from it; NSW; fine $99 + $99 = $198
  • Splashing a bus passenger with mud after driving through a puddle; NSW; fine $165.

I could go on, I really could, but instead I’ll give you the links to the two websites I got some of this information from. The first is Courier Mail, and the second is Drive.

Many of these offences also carry penalty or demerit points as well, which can ultimately lead to the loss of your license, so it really does pay to know the regulations.

I downloaded a PDF version of the rules that cover Queensland, it’s got 390 pages! You can download your copy here.

There, now we’ve both got something to read today.

Soon, I hope, I’ll be writing a post about buying a new car. Got to sell this one first though.

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{ 18 comments… add one }
  • Todd December 18, 2014, 6:19 am | Link

    Hi Bob,

    To follow on from Tony I got a $113 fine on the Gold Coast under their local law for parking on a council road and displaying that my car was for sale, I also had a safety certificate displayed. So I would be ok to drive it around but not to park on a council road or land. It is not fun finding out the hard way when you are trying to do the right thing!

    Cheers,
    Todd

    • BobinOz December 19, 2014, 6:22 pm | Link

      That’s harsh Todd and as you say, really irritating to get stuck with a fine when you are trying to do it the right way. In the above article I say “In some states, as I understand it, it may actually be illegal to put a for sale sign on a car under any circumstances.” – Sounds like it’s not just some states, but maybe some individual councils?

      Irritating though, you have my sympathy. Hope you sell the car for full price to help you claw it back.

      Cheers, Bob

  • Leon May 2, 2014, 5:05 am | Link

    Heya,

    I’m assuming with the window down law, there’s some leeway if there is a dog in the car the the window being open is so the said dog doesn’t turn into a baked spud

    Interesting read nonetheless 🙂

    Leon

    • BobinOz May 2, 2014, 8:54 pm | Link

      None at all, I’m thinking three fines in a situation like this 🙂 dog in car, window left open with car unattended, and I’m sure there will be something else 🙂

  • Tony March 12, 2014, 1:38 pm | Link

    Hi Bob
    l received a Parking ticket on the Gold Coast, for parking on the road with advertising or sign that the car is For Sale or Hire that was the Offence.
    In Fact, all the sign said was, Want This , no Price just a phone No.
    l have researched the meaning of the words Want This ! and in no way do they relate to For Sale or Hire.
    Do you think l can fight this ?
    Also do you have any other suggestions, that people may use instead of Want This.
    Thanks Tony

    • BobinOz March 13, 2014, 1:24 am | Link

      Tony, with a good lawyer, who knows? From a personal perspective, ‘want this!’ suggests to me that the thing is for sale. A lawyer on top of his game though, I’m sure would have a different interpretation.

      It would cost you for that interpretation though. What you should have got was that certificate 🙂

      Cheers, Bob

  • pete February 27, 2014, 3:26 pm | Link

    Just like to point out there is no such thing as road tax in the uk. Roads are paid for out of general income taxation. The little disc is vehicle excise duty, linked to car emissions.

    • BobinOz March 1, 2014, 1:25 am | Link

      Have they changed it then Pete? It used to be called the RFL or road fund licence, so what’s it called now? Sounds like they’ve made a tactical switch, still collecting the tax but on the pretence of saving the planet instead of building roads.

      Sweet.

  • phil April 30, 2013, 11:18 pm | Link

    Hi BOB
    as you know we have Road Tax & MOT over here i see that you have a RWC in place for the MOT but is there anything we will have to pay in the way of road tax.
    Phil

    • BobinOz May 2, 2013, 12:26 am | Link

      Hi Phil

      Yes, we have rego, which is the same as road tax in the UK, but does include very basic insurance. The cost varies according to which state you register the car in and the size of the car. On top of that, when you buy a second-hand car, you have to pay 3% tax to the government.

      Is that enough taxes, do you think?

  • john February 27, 2013, 6:08 am | Link

    Hi, yes I was exaggerating with the ‘no brakes’ analogy. But, are there other things that are not obvious that can cause a car to be un-roadworthy and cause accidents, that might not be picked up in a visual scan if a car is stopped by the police, issues with suspension for example.
    I used to fear the UK MOT when I was a kid, cos I knew that the cost of one MOT might nearly equal the value of the car I was currently driving and render me skint for months.
    What will the average younger QLD car owner spend their money on? Going out and being a teenager, or potentially very expensive safety improvements to their vehicle that the law will not be able to detect one way or the other?
    Equally, not everyone gets stopped by the police, someones tyres, or brake pads might be wafer biscuit thin, but operating for months, then one day in heavy rain, or a sharp turn after a few beers….
    So, If human lives are really as important to policy makers as the road traffic fines in QLD imply, then introduce an MOT, and ‘real’ driving lessons for Queenslanders. Hypocrisy.
    This is word of mouth, but in the UK I think the police use discretion with the 30mph rule, you will get a few mph grace over the limit and not get a fine even with speed cameras, here its not so, If you are 1 km over the speed limit here you will be fined and get de-merit points.
    I think I might make my next big life move from Queensland to communist North Korea, there might be less rules and bureaucracy there.

    • BobinOz February 28, 2013, 12:23 am | Link

      Well, yes, I do agree it’s not the safest of systems. Like yourself, I used to dread the MOT when I was younger, but at the same time even though I knew it would cost me money it did make sense.

      If there was something wrong with my car that made it dangerous for me to drive, yes, I wanted to know about it. So I do agree, it is a crazy system.

      North Korea though? No, I’m staying here.

  • john February 25, 2013, 7:27 am | Link

    I got a $220 fine coming off the Story Bridge doing 73kms, when I should have been doing 60kms, how many demerit points did I get? I’ve no idea, they won’t write to you and tell you, you have to fill in a form and and either post it or visit a Dept of Transport office to find out, the fee is $40 to find out how many demerit points you have. What??!! For a supposedly laid back state, there is almost overkill of all kinds of bureaucracy here on QLD.
    Traffic fines are in no realistic proportion to the offense. And yet as you mention in your piece, you don’t need an MOT here! you can drive a car with no brakes if you like.
    Their justification for heavy traffic offense fines predictably will be road deaths caused by speeding, But I think most accidents here will be caused by bad driving, I’m not precisely sure of the rules for attaining a drivers license, but I think generally people only see a licensed driving instructor once or twice before their test in QLD, peoples parents teach their kids to drive here, perpetuating bad driving habits, such as using the inside land as the fast lane, which is standard road behavior.

    • BobinOz February 26, 2013, 7:45 pm | Link

      Well, you are absolutely right, some of the traffic offence fines are simply extortionate. I don’t think you need look any further than the above quoted $550 fine for putting a for sale sign on your car without displaying the safety certificate.

      $550! What danger have you created by doing this for other road users? None, I think is the answer. So why $550?

      I do need to correct one of your statements though, you CAN’T drive a car with no breaks here if you like. Although we do not have a yearly MOT, it is the responsibility of every driver to make sure that his car’s roadworthy. If you get stopped by the police and your breaks do not work, or you have bald tyres or if they find any kind of problem that makes your car unroadworthy, you will be fined.

      As for learning how to drive, I did do a post about the system here some time back, click on Driving in Australia. Not sure if what I said then is still current now, but at the time learner drivers needed to clock up at least 100 hours of supervised driving, yes, that could be with a parent. Then they are able to take the test.

      The traffic police here in Queensland and in other states are hot, if you speed, or drink drive, or break any of the road traffic regulations, you will be caught and you will be fined.

      So no, not laid back!

      Thanks John

      Bob

  • Tina February 20, 2013, 7:51 pm | Link

    Hi Bob,
    interesting article, but I can not imagine the meaning of a “resting horse” in terms of motoring regulations.

    Best regards,
    Tina

    • BobinOz February 21, 2013, 12:44 am | Link

      No, I struggled with that one a bit as well Tina. I think it’s when a horse is knackered, which I think is the correct technical term for a worn out horse, and wants to stop. The rider, realising the horse is “resting” must then hold his hand up to signal to any oncoming motorists that he has a “resting horse”.

      And that’s when us motorists have to do what we have to do or we get fined.

      If any horse riders that can clarify this one up better than I already have :-), please do let us know.

      cheers

      Bob

  • Eike February 18, 2013, 9:17 pm | Link

    interesting read Bob, and looks like a nice car. shoudln’t have any problems selling it. what are the specs for the car? KM etc?
    Cheers Eike

    • BobinOz February 19, 2013, 10:20 pm | Link

      The car is a beauty, although she’s been around the block a few times. 206,000 kilometres so far, but she still drives like a dream. It’s a 2002 Jeep Cherokee Limited, auto, leather seats, cruise control, the works.

      I’ll miss her when she’s gone.

      Cheers

      Bob

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