Are modified cars legal in Australia?
These simple changes to your car could land you in hot water with the authorities if you’re not across what you are doing.
Social media is fuelling a dangerous trend that could unwitting Aussies lose their cars.
Authorities are not only issuing hefty fines in relation to illegal car modification which has become a popular fad among car enthusiasts and even every day Australians.
In Australia it is legal to modify a car as long as all modifications are legal and comply with state and territory regulations.
However many car owners are stepping over the line.
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And with TikTok and Instagram becoming popular platforms for videos showcasing car modifications, especially with products that can be bought on market platforms like Temu and AliExpress, experts warn many of these alterations breach strict state road rules.
According to Astor Legal lawyer Avinash Singh, any modification of a vehicle “which is not approved by the relevant state’s transport authority is considered illegal.”
“Drivers should be wary of changes that alter the body, engine, suspension, brakes or chassis,” Mr Singh said.
Car modification is the process by which a vehicle undergoes alterations or additions after leaving the manufacturer’s factory. This includes changes to the vehicle’s appearance, engine, height, suspension, or fuel tank.
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According to 4wheelHouse, some of the most common illegal modifications include dark window tinting, wheel spacers, under-glow lights, missing mudguards and lowering kits.
In most states, window tints must allow at least 35 per cent of visible light transmission (VLT) for front side windows and 20 per cent for rear side windows. Front and side windows with a lower VLT percentage can result in fines of hundreds of dollars and issues with vehicle registration.
Even practical accessories like roof racks can land you in trouble if they’re not fitted correctly or if they exceed the vehicle’s weight or height limits. In Australia, the total height for most light vehicles with roof racks cannot exceed 4.3 metres.
Another common modification that’s landed drivers in hot water is lowering kits. Lowered vehicles where the body doesn’t pass the measurement of 100mm (as stated in the Australian Design Rules) constitute an illegal car modification.
Failure to comply with Australian Design Rules and Australian Light Vehicle Standards Rules could result in an unsafe vehicle or an illegal modification, potentially voiding insurance.
According to Canstar, if an insurance provider is made aware of illegal modifications, your policy will likely be cancelled. There’s also a chance the owner may be denied cover if you apply for modified car insurance for a vehicle that’s illegally modified.
In extreme examples, the police are even allowed to impound your car. In certain cases the car may even be destroyed.
What the law says in each state
NSW: Driving an unlawfully modified vehicle on the road can attract fines up to $2,200 under Regulation 84 of the Road Transport (Vehicle Registration) Regulation 2017.
Victoria: According to Regulation 257 of the Road Safety (Vehicles) Regulation 2009, fines for driving an unlawfully modified vehicle are just over $1,000.
Tasmania: Under Regulation 138 of the Vehicle and Traffic (Driver Licensing and Vehicle Registration) Regulations 2021, illegal modifications can cost drivers more than $2,000.
Queensland: Owners who permit illegally modified cars face fines of up to $10,000 under Regulation 19 of the Transport Operations (Road Use Management—Vehicle Standards and Safety) Regulation 2021.
Western Australia: Modifying a vehicle without approval from Transport WA can cost $800, under Regulation 235 of the Road Traffic (Vehicles) Regulations 2014.
South Australia: the Road Traffic (Light Vehicle Standards) Rules 2018 make it an offence to modify a vehicle without proper approval, with fines typically around $1,000.
However, Avinash reveals that “there are exemptions for modifications to vehicles that are not driven on roads or road-related areas. You can also obtain an exemption from your state’s road transport authority.”
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If a driver wishes to challenge a fine or defect notice, Avinash says that “you would need some expert evidence that the modification was approved or fell into an exemption category.”
“This could be from a mechanic or other vehicle expert who would need to compare the specifications of your vehicle to the relevant state’s transport regulations.”
