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You can be fined $166 just for sitting THIS way in your car! One driver learned the hard way

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You can be fined $166 just for sitting THIS way in your car! One driver learned the hard way

  • Maan
  • By Maan
1761702534521.png You can be fined $166 just for sitting THIS way in your car! One driver learned the hard way
A $166 fine for sitting wrong? Yup. Image source: Pexels/JESHOOTS.com | Disclaimer: This is a stock image used for illustrative purposes only and does not depict the actual person, item, or event described.

When the sun beats down and the highway stretches endlessly ahead, there’s nothing quite like letting the warm breeze roll over your arm as it rests lazily out the car window.


It’s one of those simple pleasures that feels quintessentially Australian.


But for one Cairns driver, that moment of relaxation ended with flashing lights and a $166 fine.




The unsuspecting motorist was driving through Manunda, happily tapping along to the radio, when highway patrol officers pulled him over.


To his shock, they fined him for something most Australians wouldn’t even realise was against the law—having his arm outside the window while driving.


It might seem like harmless behaviour, but this common habit could cost you more than just your afternoon breeze.



Why this law exists in the first place


Across every state and territory in Australia, it’s illegal to have any part of your body outside a moving vehicle unless you’re signalling.


Criminal lawyer Andrew Wiseman explained that this rule exists ‘to avoid injury’—a warning many drivers overlook until it’s too late.




'If your arm is even just a slight amount out, they can get you for it.'

Andrew Wiseman, criminal lawyer, Yahoo News



While most of us see it as a casual driving habit, the law treats it as a serious safety issue. The rule is designed to protect drivers and passengers from potentially severe injuries that could occur in an instant.



What you’ll pay across Australia


The cost of this mistake varies depending on where you’re caught—something that matters for grey nomads travelling between states.


New South Wales: drivers can cop a fine of $337 as well as an additional three demerit points.


Queensland: around $166–$298 depending on the specific circumstances.


Victoria: Victorians can find themselves $141 out of pocket.


South Australia: $244 and surrender three demerit points if found guilty of the offence.


Western Australia: a fine of $50 and one demerit point.




How often does this actually happen?


According to Wiseman, fines for this type of offence ‘happen every now and then’.


It’s not the most common infringement, but it’s frequent enough to catch out even experienced drivers.


In this Cairns case, the motorist was described as ‘unlucky’, though Wiseman noted that the law is enforced more often than many realise.


In serious cases, penalties can skyrocket, with the maximum fine exceeding $3,000.



The safety reality behind the rule


It’s a familiar image—hand surfing in the wind as the car glides along a quiet road. Most of us have done it without thinking twice.


But the risk is real.




The dangers of hanging your arm outside



  • Contact with passing vehicles, particularly trucks

  • Injury from roadside signs or branches

  • Impact during sudden swerves or collisions

  • Losing control if startled while driving





What this means for older drivers


For seniors who’ve been driving for decades, this rule can come as a surprise. Many learned behind the wheel when the roads were quieter, air conditioning wasn’t standard, and letting some air in was second nature.


With scorching Australian summers, the urge to roll down the windows is understandable—especially for those conscious of power bills or living on fixed incomes. But as Wiseman advised, ‘If you’re gonna have your windows down, keep your elbows on the armrest and within the vehicle.’




Staying cool without breaking the law


Use window tinting (within legal limits) to reduce heat


Park in shade when possible before driving


Consider a small battery-powered fan


Invest in seat covers that don't absorb as much heat


Use the car's air vents effectively, even without A/C




The bigger picture on road safety


This incident serves as a reminder that even minor driving habits can have major consequences.


One young driver in South Australia nearly faced a $323 fine for the same behaviour, admitting: ‘I had no idea it was illegal.’


Australia’s strict road safety laws might seem heavy-handed, but they exist for good reason—to prevent accidents before they happen.


For older drivers, understanding these evolving rules is key to staying safe and fine-free on the road.



This story is a stark reminder of how a single careless moment on the road can have devastating consequences. Watch the footage that’s sparking outrage and see what happened next.





What This Means For You


Many Australians don’t realise that hanging any part of your body outside a moving vehicle is illegal across the country. Depending on where you’re caught, the fines can range anywhere from $50 to more than $300—and that’s before you even consider the demerit points.


The rule might seem strict, but it’s there for a good reason: to prevent injuries caused by close calls, roadside signs, or passing vehicles. Even something as innocent as resting your elbow on the window ledge could end up costing you more than you’d expect. So before you get too comfortable behind the wheel, keep those arms inside and stay safe on the road.




If you thought a $166 fine for resting your arm out the window was surprising, wait until you hear about another driver who made a similar mistake and paid even more for it.


It’s a reminder that some of the most innocent driving habits can lead to costly consequences if you’re not aware of the rules.


Here’s another real-life story that shows just how easy it is to get caught out by little-known road laws.


Read more: Are you guilty of this common driving mistake? This harmless gesture could cost you $349!






    Driver hit with $166 fine for the way he was sitting: ‘Unlucky’ — A Cairns driver was fined $166 for resting his arm out of the car window, highlighting that the act is illegal across Australia due to safety concerns.



    Drive in QLD, NSW, VIC or SA? Don’t Make This Costly Mistake — Explains that hanging your arm out the window is illegal in every Australian state and territory, with fines and penalties differing across jurisdictions.



    Arms and hands out of car window illegal in Australia — Outlines state-by-state penalties for resting a hand or arm outside a moving vehicle, ranging from $50 in WA to over $300 in NSW, and details why the rule exists for driver safety.





Have you ever been fined for something you didn’t even know was against the law?

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I have just realised that in TASMANIA we don't have any laws or else we would be mentioned in the run down of what it cost state to state for infringement, or anything pertaining to rules and regulations
 
Another bullshit headline! “Everyone scratching their heads”.
This has been a National road law for decades.
If you don’t know these simple rules then you should not be driving!
 
What happened to the rule for right hand turn signal and left-turn signal with rotating hands? 🥹
 
What happened to the rule for right hand turn signal and left-turn signal with rotating hands? 🥹
The rules are still there and are an exception to this law. All in the road rules for your jurisdiction.
 
"...fined him for something most Australians wouldn’t even realise was against the law..."

This rule came into being in the early 70's, after numerous instances of people having arms ripped off in crashes. It should be well known.
 
Yes we must keep reminding ourselves that we have been living in a communist country since 1973 .
 
I have just realised that in TASMANIA we don't have any laws or else we would be mentioned in the run down of what it cost state to state for infringement, or anything pertaining to rules and regulations
Dear member Dood, good morning. Thankyou for your post. It appears that your beautiful state does not have any laws regarding infringement, rules and regulations relating to this issue, perhaps because you are law abiding citizens who don't need to be told what is legal and what is illegal whilst driving, and that is absolutely brilliant. Not like some Victorians who literally have one foot sticking out of their window whilst driving, and then leaning back like they were sitting in a recliner chair, totally wreckless driving. Or drivers who would hold their hand out of the window in slow traffic, and lift their middle finger up to every car that they drove past, no respect, no morals. Yes we definitely need fines to be imposed upon these kind of immature and disrespectful people, who sit so pathetically proud whilst driving their car. Have a beautiful day. 🙏🦋
 
Dear member Dood, good morning. Thankyou for your post. It appears that your beautiful state does not have any laws regarding infringement, rules and regulations relating to this issue, perhaps because you are law abiding citizens who don't need to be told what is legal and what is illegal whilst driving, and that is absolutely brilliant. Not like some Victorians who literally have one foot sticking out of their window whilst driving, and then leaning back like they were sitting in a recliner chair, totally wreckless driving. Or drivers who would hold their hand out of the window in slow traffic, and lift their middle finger up to every car that they drove past, no respect, no morals. Yes we definitely need fines to be imposed upon these kind of immature and disrespectful people, who sit so pathetically proud whilst driving their car. Have a beautiful day. 🙏🦋
It's Road Rule 268(3) across the country except WA where it's Road Rule 242.
 
I have just realised that in TASMANIA we don't have any laws or else we would be mentioned in the run down of what it cost state to state for infringement, or anything pertaining to rules and regulations
I’m beginning to think that all of our laws are top secret that only certain people know. I’ve always known about the protruding limbs law, but don’t know what the fine is, obviously a top secret.
 
Yes we must keep reminding ourselves that we have been living in a communist country since 1973 .
So you don't like road rules to try to keep everyone safe?

Would you like no rules at all, everyone do whatever they please, regardless of the injuries that may be caused? Not how a civilised country works.
 
It's Road Rule 268(3) across the country except WA where it's Road Rule 242.
So what is Tasmania’s fine Greg, save me searching for it, not that I drive around with my arms out the window.
 
I’m beginning to think that all of our laws are top secret that only certain people know. I’ve always known about the protruding limbs law, but don’t know what the fine is, obviously a top secret.
It's no secret, you can easily look up the fines for any road rule in the country. They are not plastered across the media constantly.
 
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It's no secret, you can easily look up the fines for any road rule in the country. They are not plastered across the media constantly.
I know Greg, and I do often check out for new rules that may have happened. Just feeling lazy today.
 
So you don't like road rules to try to keep everyone safe?

Would you like no rules at all, everyone do whatever they please, regardless of the injuries that may be caused? Not how a civilised country works.
Dear member Greg350, good morning. Thankyou for your. Yes I agree with you totally. If we don't have rules and laws relating to extended arms out of the car window, well, what next, people will be sticking their head out of the window. And what happens when a truck or fast car drives at fast speed beside the protruding head out of the window, tragedy, and loss of life for driver and all occupants that are driven in the vehicle. Have a good morning. 🙏🦋
 
So what is Tasmania’s fine Greg, save me searching for it, not that I drive around with my arms out the window.
$153.75 no demerit points. It's 0.75 penalty units. If it went to court it can be as high as 5 Penalty Units, $1,025
 
I’ve always known that it is illegal to have your arm outside the car window. I knew a boy who had his arm amputated for this reason years ago when his car rolled.
 
I’ve always known that it is illegal to have your arm outside the car window. I knew a boy who had his arm amputated for this reason years ago when his car rolled.
Yep, the exact reason this law was created, it happened to often. Back before the law in the early 70's many vehicles did not have AC, so windows open and was easy to hang an arm out the window.
 
Makes sense though, if your elbow is protruding out the window (and unless you're 7 feet tall) you don't have two hands on the wheel!
 
$153.75 no demerit points. It's 0.75 penalty units. If it went to court it can be as high as 5 Penalty Units, $1,025
Thanks Greg. I’m stunned to still observe drivers with the elbow resting on the door, and poor dogs with heads stuck out of an open window.
 

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