Is it illegal

Is it illegal to drive under the speed limit?
By Emma Size · 17 Jan 2019
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.
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Are my additional driving lights legal?
By Marcus Craft · 03 Dec 2018
So, you’re not quite sure whether your off-roader’s additional driving-lights set-up is legal in your state or territory?
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Is it illegal to smoke in your car?
By Emma Size · 13 Nov 2018
No, it's not illegal to drive and smoke, but it is illegal to smoke in a car with minors present.
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Is it illegal to drive in thongs (flip-fops)?
By Iain Kelly · 13 Nov 2018
Driving around with loose-fitting footwear on, like thongs (or flip-flops for our American friends), is not actually against any Australian road rules we can find.
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Is it illegal to overtake more than one car?
By Emma Size · 29 Oct 2018
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.
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Is it illegal to park with two wheels on the gutter?
By Emma Size · 26 Oct 2018
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.
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Is it illegal to drive without pants?
By Emma Size · 26 Oct 2018
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.
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Is it illegal to drive on prescription drugs?
By Emma Size · 16 Jul 2018
Is it illegal to drive on prescription drugs? Well, yes and no. It all depends on the medication. When we think of driving under the influence of drugs, we usually think illicit substances. But according to Health Direct, an initiative of the Australian federal government, it’s actually illegal to drive under the influence of any drugs that impair your ability to drive - including legal medications.The NSW Road and Maritime Services (RMS) guidelines on drugs and alcohol clearly state that it’s illegal to drive while affected by drugs, but goes on to clarify that some over-the-counter and prescription drugs may be legally taken while driving while others may not.In short, it is your responsibility as a driver to always read the labels of any medication you’re taking and to talk to your doctor or pharmacist about whether or not your driving will be affected. Never get behind the wheel if the label, or a medical professional, tells you that your concentration, mood, coordination or reactions as a driver could be compromised by a medication. In particular, the RMS warns that painkillers, sleeping pills, medications for allergies, some diet pills and some cold and flu medicines can impair your ability to drive.The Northern Territory government’s website has almost identical advice for driving on prescription drugs, while the Queensland government’s website also warns that some alternative medicines, such as herbal remedies, can affect driving.According to Access Canberra, it’s illegal to drive in the ACT while your ability is affected by illness, injury or medical treatment - and, as is the case around Australia, it’s illegal to hold a licence without reporting any permanent or long-term illness or injury that could affect your ability to drive safely.When you do report it, you may be required to undertake a medical assessment with a GP in order to get your licence. If you’re in the ACT and unsure as to whether or not you need to report a medical condition, you can phone Access Canberra on 13 22 81.According to the South Australian government, the common roadside saliva-swab drug tests don't detect prescription or common over-the-counter medications such as cold and flu tablets, but drivers who are impaired by drugs that are either prescription or illicit can still be prosecuted. It’s pretty safe to assume that if driving in Tasmania, Western Australia, or Victoria, you’d also be at risk of being prosecuted if you were caught driving under the influence of a prescription drug that is known to impair driving. For more specific information about driving with diabetes, you can visit the Diabetes Australia website and for information about driving with epilepsy, you can consult the Epilepsy Action Australia website on driving.And always remember that, while you should consult your insurance agreement for the most accurate information, if you have a collision while under the influence of medication that impairs driving, it’s almost certain that your insurance coverage will be voided. 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.
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Is it illegal to speed while passing?
By Emma Size · 16 Jul 2018
Yes, it's illegal to speed while passing another car. In fact, it's illegal to drive in excess of the speed limit at any time, no matter the circumstances.It's a common misconception that you can speed when overtaking, particularly when you're driving on country roads and you rightly want to get past as fast as possible. But while it might feel safer to try and complete an overtaking move quickly, you must always obey the speed limits or risk a significant fine. According to the Royal Automobile Association, the reason you can't speed while passing a car is because courts describe driving over the speed limit as an absolute offence - one that doesn't have exceptions and for which there are no excuses. However, the RAA also notes that it's illegal for a driver to increase their speed while another car is trying to pass. While most states and territories don't directly address how to pass cars on the road safely, there are a couple of exceptions. The New South Wales Roads and Maritime Services website has a page dedicated to overtaking, as does the Western Australia's Road Safety Comission website.Both pages repeatedly advise that overtaking other vehicles can be dangerous as it's difficult to judge the amount of distance required to complete the manoeuvre safely, but that this difficulty can't be mitigated by speeding. They reiterate that some of the dangers of overtaking can be lessened through the behaviour of drivers who are being passed; if someone is trying to pass you, you should keep left, stay in your lane, and refrain from increasing your speed. The exact penalties for driving in excess of the speed limit differ state by state and vary in severity according to just how fast you've been caught driving. But beware, the penalties include fines and demerit point penalties.As always, remember that if you're caught speeding, then you could be in breach of your insurance agreement. While you should always check your specific agreement for details, be aware that any unlawful behaviour could jeopardise your coverage. This article is not intended as legal advice. You should check with your local road authority to verify the information written here.
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Is it illegal to drive without a horn?
By Emma Size · 12 Jul 2018
Technically yes, as it's a safety hazard to not have a working horn.
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