It’s not illegal, but police can issue $27k fine for driving into flood waters

Drivers who plough into flood waters can be hit with $27,000 fines even though there is no specific penalty under Queensland law.

Motorists who drive into flood waters can be hit with $27,000 fines even though there is no specific penalty under Queensland law.

Queensland has no specific fine for motorists who drive into flood waters, despite eight drivers dying in storm torrents over the past week.

Police said the fine for skirting around a “road closed due to flooding” sign or disobeying a road access sign, was a mere $165 with three demerit points.

But under the current rules, there is no specific penalty for driving into flood waters when the road is not closed with a sign.

Spectators at the Larry Storey Bridge at Waterford West, where penalties apply for driving past the road closed sign. Picture: NIGEL HALLETT

Where a road has been closed due to flooding with a sign, disobedient drivers can also face an additional $827 ticket with the maximum penalty of more than $27,500.

Eight people have died in flood waters in Queensland over the past month but less than 150 fines have been issued for disobeying road closed signs since the flood started this week.

However, hundreds of complaints have been lodged with police about people disregarding the road signs and driving into flood waters.

Residents of Waterford West complained about a government official patrolling Tygum Rd and taking down the registration numbers of cars that drove through water to get to the local supermarket.

Logan City Council said it was not one of their officers triggering some tense moments for shoppers now expecting fines in the mail.

Eagleby good Samaritan Travis Geddes waded into waist-deep water to rescue a disabled man driving a brand-new car. PHOTO: Travis Geddes

Good Samaritan Travis Geddes waded into waist-deep water to rescue a disabled man driving a brand-new car into flood waters at Eagleby.

The car was a write-off but the man escaped uninjured thanks to a quick-thinking Mr Geddes.

Transport Minister Mark Bailey, who introduced harsh penalties of $1033 and four demerit points for holding a mobile phone while driving, has not moved to change the law on flooded roads.

Mr Bailey said driving through a “road closed” sign into flooded waters had the ultimate penalty of death.

But if that was not enough, he said drivers could face whopping fines of up to $27,500 for disobeying road sign rules and driving into flooded waters.

“The last week has made it abundantly clear why people shouldn’t drive into floodwaters,” he said.

“Sadly, we’ve lost a number of lives from people driving into floodwaters.

“If that isn’t enough to deter people, they can be hit with a $551 on-the-spot fine for driving without due care and attention.

“That offence carries a maximum penalty of more than $5500 or six months’ imprisonment or even more if it leads to serious injuries or death.

“Where a road has been closed due to flooding, drivers who disobey road closure signs face an additional $827 fine. The maximum penalty for this offence is more than $27,500.”

A car in flood water at Wises Road Gympie, taken Monday, February 28, 2022

Police said in extreme cases, they could issue fines for “dangerous operation of a vehicle”, which has a maximum penalty of more than $5500 or six months’ imprisonment and more if it led to serious injuries or death.

Mr Bailey said when people drove into floodwaters, they were risking their lives and those of first responders who may have to come to their rescue.

A State Emergency Service worker died while trying to rescue a family at Coolana west of Ipswich this week.

A 34-year-old Moorooka man died in flood waters at Indooroopilly in the early hours of Sunday, when his car was submerged in flood waters on Witton Rd.

A man was killed in Stones Corner on Friday night and his body was found in flood waters.

Police divers found the body of a 76-year-old man in flood waters at Paddy Gully Creek on the Brisbane Valley Highway on Sunday and two people died in flood waters at Gympie.

A man, believed to be in his 50s, and his dog were found dead in his car, which was washed away in floodwater in the Currumbin Valley about 3am on Monday.

The vehicle was believed to have been driven 30-40 metres into water on Currumbin Creek Road near Stackpole Street.

Another man in north Brisbane died after he was swept away on Sunday in Fitzgibbon, in the city’s north.