The Australian road rules that vary by state

If you’re thinking about heading interstate over the summer, it’s a good time to do your due diligence regarding state-specific road laws.

Travelling interstate over the summer holidays? If you’re thinking about hitting the roads while you’re away from home, it might be worth doing some research about the road rules in advance.

RELATED: The road rules we’d change if we could

While the broad-brush Australian Road Rules are enforced throughout Australia, all states and territories have their variations that motorists must adhere to regardless of whether they’re just visiting or living locally.

Here are some road rules that vary according to which state or territory you’re visiting.

Let us know in the comments below what obscure or mainstream road rules are unique to your state and/or territory.

Conducting a U-turn

Across most Australian states and territories, a U-turn is illegal at any intersection unless there is a ‘U-turn permitted’ sign – except for Victoria, where motorists can perform a U-turn at intersections with or without traffic lights as well as breaks in the median strip.

According to rules 40 and 41 of the Victoria Road Rules 2017: “U-turns are permitted at intersections with [or without] traffic lights unless there is a no U-turn sign, even though traffic lane arrows indicate that the driver must turn right”.

Drinking alcohol in the car

While most Australian states and territories have road rules banning motorists from drinking alcohol while driving, South Australia does not have an open container policy of any kind – so it is technically legal to drink alcohol while driving.

However, a spokesperson for South Australia Police previously told Drive consuming alcohol while driving can be “classed as [a] distraction and would be dealt with by way of driving without due care”.

Certain states also forbid passengers from consuming alcohol while being in a vehicle.

Queensland Police stated: “Passengers can also be fined for consuming liquor in a vehicle as it is deemed a public place”.

The Australian Capital Territory (ACT) upholds a similar rule, explaining that “drinking alcohol while driving or riding a vehicle is an offence … [and can] carry a maximum of 20 penalty points,” according to the ACT Road Rules Handbook.

The same can be said for Tasmania and Western Australia where passengers aren’t legally allowed to consume alcohol while in a vehicle.

Sleeping in the car

While there is no federal law preventing drivers from sleeping in their vehicles, it is up to local councils and relevant governments as to whether sleeping in your car is permitted.

In states like NSW, Victoria, WA, South Australia, ACT and Tasmania, sleeping in your vehicle is permitted as long as you comply with the relevant parking laws.

However, some popular tourist destinations such as Byron Bay in NSW and Hudson Bay in Victoria have introduced stricter by-laws such as fines and mandatory camping permits as a way to prevent those thinking about using their vehicle as accommodation for the night.

Queensland is the strictest when it comes to drivers sleeping in their cars – banning motorists from sleeping in their cars “on State-controlled roads” unless it is at a designated camping and/or resting area.

Keep left unless overtaking

In all Australian states and territories, drivers are required to stay in the left lane when driving on multi-lane roads, unless they are overtaking or turning right. The ‘keep left unless overtaking’ road rule generally applies to stretches of roads with a speed limit of over 80km/h, or on roads that feature a ‘keep left unless overtaking’ sign.

However, Queensland and Western Australia have a slight tweak to this rule, enforcing it on multi-lane roads with a speed limit of 90km/h or higher, as well as on roads with a ‘keep left unless overtaking’ sign.

School zone speed limits

Though 40km/h is generally accepted as the speed limit within school zones in Australia, South Australia is the only state in the country that has a 25km/h speed limit in school zones at any time.

Leaving a child unattended in the car

While leaving a child unattended in a car is strongly discouraged in all states and territories, it’s only illegal in some.

New South Wales, Victoria, Western Australia, the ACT and Queensland all have specific laws and penalties for parents or caretakers who leave their children alone in a car.

Meanwhile, South Australia, Tasmania and the Northern Territory don’t currently have explicit laws outlawing the practice, but police can still intervene if a child is left unattended and penalties may ensue if a child is in distress.

Leaving your car unlocked

Though it is a lesser-known rule, leaving your car door unlocked and windows down if you are more than three metres away from your vehicle is deemed a fineable offence in NSW, Victoria and Queensland.

Speed limits for learner drivers

While Victorian, Queensland, and ACT learners have the freedom to drive within the posted speed limit across their relevant roads, other states and territories have a speed restriction for novice drivers.

South Australia bans learner drivers from exceeding a maximum 100km/h speed limit enforced by authorities.

In NSW and Tasmania, learners are prohibited from driving above 90km/h regardless of the signposted speed limit.

Learner drivers in the NT are subject to a maximum speed limit of 80km/h even though the signposted speed limit could extend further.

Minimum mandatory driving hours for learners

Both Victoria and NSW have the most rigid laws in relation to the minimum mandatory hours required for learner drivers. Both of these Australian states require learners under the age of 25 to record at least 120 hours of supervised driving experience – of which 20 hours are night-time driving.

Queensland motorists also under 25 years old must have 100 hours of recorded supervised driving, which includes 10 hours of driving at night – the same rules apply for novice ACT drivers; however, drivers over the age of 26 must complete 50 hours of supervised driving, including five hours at night in the capital state.

Before South Australian learner drivers can obtain their provisional licence, they must first need at least 75 hours of supervised driving ­– of which 15 hours must be at night – over a 12-month period before they can apply for their P-plates.

In Tasmania, novice drivers need at least 80 logbook hours of driving (at least 15 at night) before they are allowed to take their Ps test.

WA road authorities require less, with a minimum of only 50 hours of supervised driving – of which five hours are at night – and those over the age of 25 are exempt from having to record their hours.

Surprisingly, the Northern Territory (NT) does not require a set minimum hours of driving hours for a learner before they are allowed to go for their provisional licence.

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