Road rule differences from state to state catching out drivers

A big thing that catches drivers out on our roads is how the rules change from state to state, with the confusion resulting in massive fines.

It’s hard enough for some Aussie drivers to keep track of the road rules in their own state. This becomes even more confusing when you go to a different state and the rules suddenly change.

Having slightly different road rules in each state is a common gripe for drivers who often travel interstate as one mistake could cost hundreds of dollars in fines along with demerit points.

Slater and Gordon Motor Vehicle Accident Lawyer Damien Zivin said it is crucial for drivers to be aware of how the road rules may differ, otherwise they could find themselves in trouble.

“Each state’s legislation and common law system is slightly different, and states like Victoria and NSW will pay some benefits such as medical costs for injuries occurring in an accident regardless of who is at fault for the accident,” he said.

“However, other states like Western Australia require that fault of another party be proven to access any benefits.

Not knowing the road rules in each state can result in hefty fines.

“A quick decision on the road can result in fines and losing demerit points if you don’t know the road rules – even worse, it could lead to a serious accident.

“Unfortunately, there are lifelong impacts for people involved in serious crashes. Particularly younger and inexperienced drivers need to be aware of any different rules between the states.”

Here are some common some road rules that drivers may not realise change depending on where in Australia you are.

TAILGATING

Motorists in NSW know you are expected to maintain at least a three second gap between you and the car in front of you.

However, visiting drivers from Queensland or Victoria could get caught tailgating if they aren’t careful as their safe driving distance is shorter.

In these states drivers are required to leave a slightly smaller two second gap between them and the car in front.

In NSW driving behind a vehicle too closely to stop safely can result in a $457 fine and three demerit points.

In NSW drivers must leave a three second gap between them and the car in front. Picture: RMS Road Users Handbook

DRINKING AND EATING IN THE CAR

In NSW and Victoria it isn’t illegal to have alcohol open in a car as legislation around drinking only applies to drivers.

So in these states there is no restriction on passengers drinking alcohol while in a car but the Queensland rules state any alcohol in a vehicle must be unopened and away from occupants.

Drivers must definitely not consume alcohol while driving, whether or not they’re under the limit, in all states.

Eating behind the wheel is a grey area in most states as it isn’t listed as an actual offence. However, if it interferes with your driving or causes a crash you could be charged with careless or negligent driving in VIC, not in control of your vehicle in NSW, and in QLD you would face a hefty fine for driving without due care and attention.

SLEEPING IN YOUR CAR

In many states it’s legal to sleep in your car, depending on the local government area or local laws.

In NSW, it’s illegal to occupy a driver seat of a car or any vehicle if you attempt to put the vehicle in motion while under the influence of alcohol or drugs.

This rule is similar in Victoria where it is illegal to sleep intoxicated in the front seat of your car.

Some councils in NSW and Victoria employ camping restrictions that make it illegal in some areas to sleep in your vehicle. Byron Bay is particularly notorious for enforcing these rules.

Byron Bay Council is known to be strict on people sleeping in their cars. Picture: Tim Marsden

In Queensland, you cannot sleep in your car unless you are on a designated camping ground.

If you’re intoxicated in the front seat, and you have keys in your possession, you can be charged with being in charge of a motor vehicle when under the influence.

It is not illegal to sleep in your car in Tasmania, South Australia or Western Australia but these states do have stricter laws around doing so near parks and beaches.

LEAVING WINDOWS OPEN

Across most Aussie states leaving your car window open is against the law, though the details of the rule change slightly with each state.

In Queensland and Victoria unattended cars cannot have their windows open more than 5cm, with a car being considered unattended if you are more than 3m away from it.

Leaving your window open in NSW and Tasmania is also illegal, with drivers potentially attracting fines if the window is open more than 2cm.