Driving rules and regulations
What is the default speed limit on an unmarked road? How many passengers can a provisional driver have in their car? When is it legal to perform a hook turn? The answer to these common road rules questions differ in different states and territories across Australia.
Road rules around the country are based on the Australian model road rules, which are continually updated. Each state and territory has their own implementation of these road rules that may differ from other locations. This means that while laws in different parts of Australia tend to be similar, there are a few significant differences that can be confusing for interstate drivers.
On this page, we outline some key areas where road rules differ.
Mobile Phone Laws
Drivers on an unrestricted licence may use their mobile phones in the car, as long as they meet the strict requirements laid out by the mobile phone rules in different states and territories. Mobile phones can only be used if secured in a cradle affixed to your car or operated without touch. Even then, they can only be used to make or receive phone calls, use audio functions, and navigate.
Penalties for unauthorised use differ between states. Learn more about
Learner and Provisional Licence Laws
Few road rules differ as much between locations as L and P plate laws. Depending on the state or territory you are driving in, you may need to obey restrictions such as varying speed limits, no mobile phone use, towing limits, passenger limits, vehicle restrictions, and curfews. Before setting off on a road trip, make sure to check the requirements to comply with local laws. Learn more about red and green P and L plate laws here.
Passenger Restriction Laws
While worded differently, general passenger restriction laws are similar around Australia, and arise from the requirement for every passenger to wear a seatbelt. Fines and demerit points for having too many passengers in your car vary with location.
Passenger restrictions for P1 and P2 plate drivers vary considerably from state to state. NT, WA and TAS have no restrictions. In the remaining states, restrictions depend on age, and whether the driver is on a P1 or P2 licence. Learn more about passenger restriction laws here.
Overtaking Laws
The requirements that must be followed when overtaking another vehicle are almost identical around Australia. Overtaking must always be done safely with a clear view and is only allowed on the left under specific circumstances. Cars must not overtake when a continuous centre line is on their side of the road and must leave a minimum of 1 to 1.5m when overtaking cyclists. Overtaking offences and penalties however differ considerably between states and can attract fines ranging from $168 to $400 and beyond. Learn more about overtaking laws here.
Speed Limits and Speeding Laws
Speed limits around Australia are capped at 110km/h, with the notable exception of the NT that has capped its speed limits at 130km/h. School zones have an Australia wide speed limit of 40km/h, with the exception of SA where the limit is 25km/h.
Driving in excess of the speed limit is illegal throughout Australia, but penalties differ depending on state and territory, as well as how far you are over the speed limit. Along with a fine and a loss of demerit points, penalties can also include automatic licence suspensions, especially where the speed limit exceeds 30km/h. Learn more about speed limits and speeding laws here.
Disclaimer
Insurance and Membership Services Limited, ABN 59 057 159 743 AR Number 246235 trading as COTA Insurance arranges this insurance as agent for the insurer Allianz. Any advice here does not take into account your individual objectives, financial situation or needs. Terms, conditions, limits and exclusions apply. Before making a decision about this insurance please consider the Product Disclosure Statement. The relevant Target Market Determination is available by calling 1300 1300 50. If you purchase this insurance, we will receive a commission that is a percentage of the premium. Ask us for more details before we provide you with services.
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