Articles by Emma Size

No, it's not illegal to drive someone else's car. But you're legally liable for the vehicle that you're driving, regardless of whether you own it or not.

Yes and no—let’s break it down state by state.It’s currently illegal to use an electric scooter in NSW unless you’re on private land, as per the NSW Centre for Road Safety. However NSW’s strict stance on electric scooters may soon be a thing of the past, as The Sydney Morning Herald recently reported that an e-scooter trial could be hitting several council areas soon. According to the ACT Government’s FAQs, it’s illegal to use electric scooters on roads or road-related areas in the ACT. But a community consultation project around e-scooter regulation is currently in progress, so legislation and road rules are likely to change in the future. According to VicRoads, electric scooters are legal in that state if they have the same features as a foot scooter, don’t have the capacity to go faster than 10km/h, and can be propelled by an electric motor with a maximum power output of 200 watts or less. The fine for riding an illegal device is a hefty $826.It’s currently illegal to use electric scooters in SA, unless you’re on private property or in the Adelaide CBD where there’s a trial underway. You must be 18 years of age to participate and may not exceed 15km/h on an e-scooter, or leave the zone of the Adelaide City Council where the trial is limited to. Just be aware that according to InDaily, the trial is set to conclude on October 13th of 2019 and there’s been no word from the local council or government as to whether e-scooter use will continue after this date. E-scooters have not been legalised in the NT, but the City of Darwin announced earlier this year that a 12 month trial of e-scooters in the city council area would begin as early as August 2019— although further announcements of when the trial will commence don’t appear to be available online. According to the only information we could find from the WA Government, low powered scooters may only be used on private property. However, there’s currently a Lime Scooter trial happening in the Perth CBD which, according to Perth Now, has seen hundreds of riders cautioned for using the scooters while under the influence of alcohol. Queensland has some of the most relaxed rules in the country. According to the government’s webpage on foot scooters, those with a small electric motor (200 watts or under) and a maximum speed of 10km/h are subject to the same road rules are regular scooters and skateboards. You can also use rideables with a maximum speed of 25km/h, but check out the specific road rules for personal mobility devices on the government’s information page. You can currently use e-scooters in Tassie if the motor has a maximum power output of 200 watts or less, the power output is visibly certified on the motor, and the scooter can’t go faster than 10km/h. But according to The Examiner, e-scooters that fall outside of this scope may be available soon, as the local government is aware of trials and changes to legislation on the mainland. This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before purchasing or using an electric scooter.

Yes, but only when they are built to specific, safe specifications. I often roll my eyes when a motorised push bike glides past, but I’ll be the first to admit that it does look kind of fun - and after a long day, it might be an easier alternative to commuting home on a regular, physically demanding bicycle.It’s not all fun and games though, as there are many different kinds of motorised push bikes and some are incredibly unsafe. According to New South Wales’ Centre for Road Safety, three people died using petrol-powered bicycles in 2013. As a result, a ban on all petrol-powered bikes was announced in NSW in 2014 and clear outlines for what kinds of motorised bikes are considered safe and unsafe (and thus, legal and illegal) were issued. Check out this video showing the shockingly different distances it takes to brake for different kinds of motorised push bikes, and read on for more state-specific information on what flies and what doesn’t when it comes to motorised push bikes. As a general guide, if you want to ride a motorised push bike in NSW, you’ll need to invest in either a complying 250 watt pedalec, or a 200 watt power-assisted pedal bicycle that has an electric motor. If you’re serious about this, check out the vehicle standards information for these kinds of bikes in NSW. Pedalec and power-assisted bicycles are terms you’ll hear a lot if you look into motorised push bikes. According to VicRoads, in Victoria pedalecs were made legal in 2012 to encourage more people, including those who may struggle to ride unassisted bikes for more than short distances, to use bikes with auxiliary motors. Auxiliary is the key term here: all power-assisted bikes that are legal are ones that basically use a small electric motor for just a little bit of extra support. For a clear breakdown of the difference between power-assisted bicycles and motorbikes (for which you will need a licence and registration), check out VicRoads info. South Australia’s government provides a very similar guide with almost identical rule explanations, as does the Queensland government’s information on the topic, alongside Access Canberra’s information and the Northern Territory’s information bulletin on the topic. The Western Australian government is less forthcoming with information, but their website echoes the stances of other states. This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before purchasing or using a bike or motorcycle.

No, it’s not illegal to sell a car under finance.

No, driving in sandals isn’t illegal but if it impairs your ability to be in full control of your vehicle, then you could still be pulled over. Sandals, slides, thongs, Crocs, jandals, flip-flops - there’s a wide variety of loose-fitting footwear out there and lots of colourful names for the stuff that we slip on our feet in a rush. But whatever you wear and whatever you want to call it, none of it is illegal. Unless, of course, driving while wearing sandals causes you to drive carelessly. There are often different rules (or variations of the same rule) for roads across Australia, but all states and territories are subject to Australian Road Rules. And according to Australian Road Rule 297, you must not drive a vehicle unless you have proper control of the vehicle. You can get pinged for this law by driving while having an animal or person on your lap, being distracted by hands-free technology, or wearing footwear that slides around and impairs your ability to use your pedals properly. A good idea is to drive barefoot instead of wearing sandals if it comes to that, since that means your feet won’t be slipping or sliding around. The penalties for driving without proper control of your vehicle vary across the nation but in New South Wales, according to NSW Roads and Maritime Services demerits schedule, you’re potentially risking a $448 fine and three demerit points.In Victoria, as per VicRoads information on demerit offences, careless driving can set you back three demerit points and, in some cases, result in a requirement to complete a safe driving program. Similar penalties apply across the country. It’s also important to remember that if you could be found to be driving illegally, you’re risking any insurance agreement you may have in place. While you should always check your specific agreement for details, be aware that if you get into an accident while you’re not in proper control of your vehicle because you’re wearing sandals, your insurance agreement may be voided. But if you can speed down the highway in Crocs without it impairing your driving, then the only cops you have to worry about are the fashion police.This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before driving in this manner.

Yes and no - it's not illegal to drive a bit under the speed limit, but if you drive abnormally slowly then you could be committing an offence.

No, it's not illegal to drive and smoke, but it is illegal to smoke in a car with minors present.

No, there is no specific legislation that outlaws overtaking more than one car at a time, but there are other road rules (not to mention common sense) that suggest it's a bad idea. Whether you're in a serious rush or just stuck behind a group of Sunday drivers, you sometimes want to pull a The Fast and the Furious-style manoeuvre and zip past a queue of slow-moving cars in one fell swoop. But while there aren't any specific laws prohibiting the move, overtaking more than one car at a time can be hard to pull off without breaking other road rules.Read on for some related laws and guidance around overtaking that are worth knowing about. The ACT government's extensive traffic infringement document says you're looking at a $279 fine and two demerit points if you overtake a vehicle when it's unsafe, or overtake a vehicle too closely. While this rule doesn't strictly apply to overtaking more than one car, there's definitely potential for it to be applied to someone overtaking multiple cars in one manoeuvre.A similar rule applies in Queensland; according to the QLD state government's demerit points schedule, you're looking at two demerit points and a $182 fine for overtaking when it's unsafe to do so. And again in Western Australia, failing to overtake at a safe distance can leave you with a whopping $400 fine and a penalty of four demerit points. While we couldn't find any information about overtaking more than one car in South Australia, SA's MyLicence website has a section on overtaking. This educational section reiterates the importance of being able to see oncoming traffic when you overtake - which could definitely be hindered if you make a decision to overtake multiple cars at once.All in all, wherever you are in Australia - on a main road or in the country - you'd be advised to exercise caution whenever overtaking, especially if you're hoping to overtake more than one car at a time. Perhaps most importantly, speeding is speeding, no matter the circumstances. So if you find yourself exceeding the posted limited in an effort to pass more than one car, you're risking a heavy fine. You should always consult your insurance agreement for specific advice, but as a general guide, getting into a collision while trying to overtake more than one car could affect your insurance coverage if it's deemed a risky or unsafe manoeuvre. Any indication that you've been driving carelessly and were at fault in an accident could jeopardise your coverage. This article is not intended as legal advice. You should check with your local road authority to verify any rules you're unsure of.

Yes, it's illegal to park on the gutter in most states and territories of Australia but the enforcement of fines seems to vary according to council area. Many of us have parked on the gutter (also referred to as the kerb, nature strip, or footpath) before, as a courtesy to other cars coming through a narrow street. But the common practice is actually banned across Australia, although fines are enforced irregularly between state police and councils. VicRoads parking information, the Queensland government's information on parking rules and fines, and SA's MyLicence website all clearly state that you're not allowed to stop, park or leave your vehicle on footpaths or nature strips in Victoria, Queensland or South Australia. But QLD's information also specifies that parking fine enforcement is carried out by police in collaboration with some local councils who enforce and regulate some parking fines. This seems to be true for New South Wales as well, as Randwick City Council's parking FAQ's defer to state legislation: according to their site, as per NSW Road Rule 197, you're risking a fine if you park with two wheels on the gutter. In other states and territories, you're also likely to find information about parking infringements on council websites. City of Hobart's website says that stopping on a footpath, bicycle path, nature strip or painted island isn't allowed as parking even two wheels on a footpath can be a hazard for pedestrians. According to The Examiner, Tasmanians who get fines for parking on nature strips aren't being targeted by authorities. Apparently cars parked on nature strips and footpaths are one of the most common complaints made to councils in Tassie, and councils often fine drivers in response to complaints. There also seems to be haphazard patrolling for cars parked on gutters in Western Australia. According to Perth Now, in WA offences like parking on the gutter are targeted unevenly across different council areas. NT News reported similar concerns from residents of the Northern Territory a couple of years ago, after two workers who contested a fine for parking on a nature strip in the Darwin council area lost their appeal. According to NT News, Darwin council had only recently started enforcing fines for parking behaviour that had been common in the area for a decade - suggesting that, like in other states and territories, whether or not fines are being enforced for parking with two wheels on the gutter could vary council by council. This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before driving in this manner.

Yes, driving a car in public, where people can see you, while naked from the waist down is illegal due to the risk of obscene exposure. If you're wearing underwear or a swimsuit, you could likely get away with it - but maybe ask yourself why it's essential to leave the house without pants on in the first place.While our research into road safety laws across Australia didn't raise any specific red flags for driving without pants on, we found that laws surrounding public nudity exist in all states and territories of Australia. Driving without pants on isn't really a safety issue - like driving without a horn or driving with one headlight out - so it's not something you can search on a road authority website, but it's definitely addressed in other parts of the law. Specifically, the parts that cover decency. The wording and penalties associated with laws on obscene exposure differ for the different states and territories of Australia, but according to FindLaw Australia, obscene exposure is illegal in all states and territories.Having said that, it's also important to note that intent is required for you to be convicted for obscene exposure; as Armstrong Legal advises, if you can prove that you were nude out of necessity or duress and not with the basic intent of exposing yourself to others in public, then you're not guilty in the eyes of the law. While we couldn't find any clear information on how driving without pants could affect your insurance, it's likely that getting caught with your pants down, or off, or nowhere in sight, could make the process of calling up roadside assistance, or dealing with police at a collision, embarrassing at the very least, and quite suspicious at worst.Unless you're a Calvin Klein model showing off the latest season's briefs, maybe just do yourself and everyone else a favour and chuck some jeans on before dashing out the door. This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before driving in this manner.