Is it illegal to…? Your driving questions, answered.

There's a lot of myths about what is and isn't legal while driving. And fairly so! The line between what is dangerous and what is illegal isn't always clear. Let's take a look at some of the most common myths.

1. Putting your feet on the dash

• Legal

This one isn't illegal, but it is dangerous and you should probably avoid doing it anyway. It's dangerous because it can increase your risk of serious injury if the driver has to break suddenly or if you find yourself in any kind of accident.

2. Driving slowly in the right lane

• Illegal

This one is illegal. If you're driving unreasonably slowly and fail to keep left, you could be hit with a hefty fine. Especially if the speed limit is over 80km/hr.

There are exemptions to this, like if you're driving slowly for a specific reason. For example, bad weather conditions.

3. Eating and driving

• Legal

This one isn't illegal, as long as you maintain control of the car. If eating is deemed to be the reason for losing control of the car, you could be fined hundreds of dollars. The exact fine will vary by each state in Australia.

4. Using your phone to pay in a drive-through

• It depends

If the car is still on, it's illegal.

If the car is switched off and the handbreak is on, it's legal.

5. Driving in thongs or barefoot

• Legal

You're allowed to drive in thongs, barefoot or any footwear you like, as long as it doesn't interfere with your ability to control the car.

While technically legal, driving in thongs can be a bad idea because it's easy for them to get stuck on your pedals. If that results in an accident or some other form of unsafe driving, then you'd be in trouble.

6. Wearing headphones while driving

• Legal

Much like wearing thongs or eating, wearing headphones while you drive isn't illegal but it can become dangerous if it causes a distraction to you while driving. So, as long as you do this safely, you shouldn't get in too much hot water for it.

7. Sleeping in your car

• It depends

There is no federal law about this one, so it's up to each state to implement laws around this. See the breakdown below.
NSW - Legal, as long as parking is permitted on the road you're on.
VIC - Legal at a state level but by-laws exist in some municipalities that make it illegal. So it'd depend on where you are exactly.
QLD & NT - Illegal unless you're in a designated campground.
WA, SA and TAS - Legal but there are limitations around beaches, parks and reserves.

8. Driving with your unrestrained dog

• Illegal

It is illegal to drive with your dog on your lap as this is seen as an obstruction to your vision and a distraction.

Your dog can ride in the passenger seat as long as they're secured/restrained. This is the same with carrying a dog in the tray of a ute - it must be tethered or restrained.

9. Flashing your lights to warn others of police or speed cameras

• Illegal

It's illegal to flash your headlights unless you're responding to an emergency and it's necessary. The act of 'warning other drivers against police ahead' isn't necessarily illegal, but if you're flashing your lights to do it, then that's illegal.

10. Parking an unregistered car on the road

• Illegal

If a car is parked on the road, it must be registered. You can only park an unregistered car on private property.

11. Drinking alcohol in the car, as long as you're below the legal limit

• Illegal

Drinking while driving, no matter what your blood alcohol level is, is simply illegal and you cannot do it as outlined by regulation 289-1 of the NSW Road Rules (2014).

12. Beeping your horn unnecessarily

• Illegal

You are not allowed to beep your horn unnecessarily. For example, when you're angry with another driver.

Beeping your horn is fine if you're using it responsibly. For example, using it to warn off wildlife or to warn another vehicle of your position around a blind corner.

If you're beeping your horn as part of a road rage incident, it's probably illegal.

13. Turning your interior light on in the car

• Legal

This is legal, despite how your parents may have behaved when you were younger. However, lighting up the interior of the car can make it harder to see outside so it can become dangerous.

FAQs

• Do driving laws vary by state in Australia?

  Yes, they can. Some laws are set at a federal level and others a set at a state level. Some laws can even be set at a municipality level so it's always best to know the laws of wherever you're driving.

Written by

Peta Taylor

Publisher of Insurance

Peta Taylor is a publisher at Finder, working across all of insurance. She's been analysing product disclosure statements and publishing articles for over 2 years. Peta is passionate about demystifying complex insurance products to help users make well educated decisions with confidence. Peta is part of Finder's insurance awards team and works alongside editorial and insights experts to bring users the best insurance products every year. See full bio