Can passengers travel in the back of a ute?

When I was a kid growing up in that Golden Age – the oh-so-sweet ’70s and ’80s – you made mixed tapes from clumsily recorded songs off the radio, you used cooking oil as suntan lotion and you rode in the tray of any ute, unencumbered by sensible things like seat belts or child restraints or anything at all designed to keep you safe in the event of an accident.

It was pretty dangerous when you think about it now though.

Times have changed, but some things such as road rules were created in an attempt to keep all of us road users safe, mostly from ourselves.

So, the big question now is: can passengers travel in the back of a ute? Or if you’re trying to be fancy: can passengers travel in the back of a utility vehicle? Well, the answer to both questions is an emphatic “No!” from all states and territories. No person may travel in any area of the vehicle not specifically designed for passengers, for example, in the boot, on the floor, in the tray/tub of a ute, or in a trailer, caravan or boat being towed.

As well as making sure all passengers are correctly wearing seatbelts, drivers in NSW are also responsible for making sure: there are not more passengers in the vehicle than it’s designed to carry, no-one travels in an area of the vehicle not designed for passengers, for example, in the boot, on the floor, in the tray of a ute, or in a trailer or caravan … among your other numerous responsibilities.

In Qld, it is an offence for a person to ride in the back of a ute. “You must make sure your passengers do not travel in any part of the vehicle that is not designed for passengers.

"The passenger carrying area must be an enclosed part of the structure of the vehicle,” so sayeth the Queensland Government.

According to VicRoads, “Everyone travelling in a motor vehicle must be wearing a child restraint, booster seat or seat belt that is properly adjusted and fastened.

“Drivers are responsible for making sure that: all passengers are wearing seat belts or child restraints correctly, and there is only one person in each seating position and seat belt.”

The tray/tub of a ute, the boot of a car, riding on the back of a ute without a tray etc – all of these scenarios do not offer a proper seating position with proper legal restraints of any kind, so don’t sit there. Just don’t.

Also, don’t try to force your adult body into a baby seat – you’re just asking for trouble and a fine.

In WA, Department of Transport (DOT) authorities state: “It is illegal to ride in the back of a panel van, station wagon, utility or other open load vehicle, even if it has a roll-over protection device fitted.

“If you are travelling in the open load space of a utility or in the back of a panel van or station wagon you face a greater risk of serious injury or death, particularly if there is a crash or if you fall out of the vehicle.”

Wise words indeed.

Penalties for these offences may attract fines and demerit points for the driver, and fines for passengers aged 16 years and over – so use your commonsense and always do the right thing. That way you’ll save money, stress and, more than likely, a few lives.

Further to that, be aware there are strict laws for passengers in cars and fines for extra passengers in the car: you’ll get slugged fines and demerit points for overloading, and in some states/territories the driver and passengers will cop fines and demerit points for not wearing seatbelts because there’s just too bloody many of you in the car.

In the Sunshine State, fines for the passengers and the driver in an overloaded vehicle with unrestrained people are $1161 a pop and four demerit points.

In NSW, fines range from $387 to $1632 (depending on how many unrestrained passengers are onboard) and demerit penalties of three to six demerit points.

The pollies and those who work for the pollies in the ACT get it easy with fines/penalties from $518 to $538 and three demerit points.

In Victoria, fines/penalties start from $385 and three demerit points.

In Tasmania, the fines/penalties range between $390 and $439, and three demerit points.

In South Australia, fines/penalties are between $422 and $499, and three to five demerit points.

In the Northern Territory, you’ll cop a $500 fine and three demerit points.

In Western Australia, they will sting you for between $550 and $900 per fine, and four demerit points.

You’ve been warned.