Avoid $410 fine with this surprising traffic law most drivers ignore

As we navigate the bustling roads of Australia, it's crucial to stay abreast of traffic laws to ensure our safety and avoid hefty fines.

One such law, often overlooked by drivers, has come under the spotlight as authorities focus on motorists who may inadvertently or deliberately flout the rules.

This isn't just a concern for drivers in one state; it's a nationwide issue that could hit your wallet hard if ignored.


The Traffic and Highway Patrol Command, part of the New South Wales Police Force, has observed a worrying trend in road accidents linked to improper overtaking.

They've taken to social media to remind drivers about the misconceptions and risks associated with this maneuver.

One of the most common mistakes is lingering in the right lane.


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NSW Police warned drivers about often ignoring overtaking rules in a new crackdown. Credit: NSW Police Force / Facebook


In a recent statement, NSW Police urged drivers to heed 'keep left unless overtaking' signs.

A provisional driver learned this lesson the hard way, receiving a $410 fine for ignoring the directive.

But according to Sydney lawyer Avinash Singh of Astor Legal, the penalty could have been much steeper, with fines reaching up to $2,200 for such an infraction.


The rules of overtaking should be more understood and addressed, leading to dangerous situations on the road.

In NSW, overtaking is illegal across a continuous dividing line, whether single or double, and when there is no clear view of oncoming traffic, such as before a crest, curve, or poor visibility.

‘It is not only illegal to cross unbroken lane lines to overtake, but it is illegal to overtake at any time when it is unsafe to do so,’ the police said on social media.

‘This means you require an unobstructed view of traffic ahead, must not exceed the speed limit and must not overtake or re-enter the lane too close to the overtaken car.’

It is also prohibited when a vehicle is stopped at a pedestrian crossing, intersection, or railway crossing and where the road narrows.


Police emphasised that it's illegal to cross unbroken lane lines to overtake and to do so at any time when it's unsafe.

This means drivers must have an unobstructed view of the road ahead, adhere to speed limits, and avoid overtaking or merging back into the lane too close to the vehicle they've just passed.

Accelerating when another driver attempts to overtake you is another risky behaviour that can attract a $410 fine and three demerit points.

This is considered an offence and is just as punishable as the act of overtaking itself.

Remember, exceeding the speed limit while overtaking is never permissible, regardless of the situation.


Drivers should be aware that these rules do not apply exclusively to NSW; similar laws apply across all states and territories in Australia.

Familiarise yourself with your region's specific road rules to avoid infractions and ensure the safety of everyone on the road.

In other news, an 18-year-old driver was fined $3,568 and lost his license for making an unsafe maneuver on Campbell Hill Road in Guildford, Sydney.

The P-plater was caught speeding in a 50 km/h zone and overtaking on the wrong side of the road. Read more about it here.
Key Takeaways
  • NSW Police are warning drivers about commonly ignored overtaking rules as part of a crackdown on incorrect driving behaviours.
  • Motorists cruising in the right lane without overtaking can face fines of up to $410 in NSW, and similar rules apply in other states and territories.
  • It is legal to overtake across unbroken dividing lines with a clear view of approaching traffic at pedestrian crossings, intersections, railway crossings, or where roads narrow.
  • Drivers should not speed up during overtaking attempts by others and always adhere to the speed limit; offences can attract up to $410 in fines and three demerit points.
What steps do you take to ensure you're following overtaking rules? Have you ever faced any issues with fines or penalties related to improper overtaking? Let us know in the comments below.
 
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Nearly everyone flaunts this rule. Living in a rural area, 95% of my driving is on the freeway. What irks me the most are people sitting in the right-hand lane, doing 100kph in a 110 zone and won't budge. Do you flash your lights (illegal), sound your horn (illegal) or risk undertaking in the left lane (illegal if ‘Keep left unless overtaking’ signs are shown. They are frequently shown on most, if not all NSW freeways and motorways and seem to be used more as a reminder to stay left, than their original purpose, not to overtake on the left.)
 
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One of the little known guides to intelligent driving is that one's intentions should be indicated by your position and speed such that to 'hog the crown of the road' should only be permitted if you intend making a right turn, also it is wrong to only indicate during the actual turn; it should be indicated well prior to the intended action to allow following traffic to take necessary action.
By hogging the crown of the road we also create a situation whereby "no bugger is going to overtake me" and whereby oncoming traffic is creating a situation that puts the closing speed at 140kms/hr only about 18 inches apart - crazy - yet we see it every day.
 
The left lane is so over used, there are pot holes everywhere. It is more dangerous to stay in the left lane than the right. And how can you stay within the speed limit when over taking? The whole point of over taking is to get ahead of a slow moving vehicle. If they are doing 90 in 100 zone, you need to do at least 105-110 to over take and then pull back far enough in front (as specified in the regualtions).
If they are a slow moving vehicle you should be able to get past within the limit. If you need to speed why pass in the first place.

Having two vehicles side by side, going at maybe 90 and 110 is stupid. Side roads, driveways, drivers leaving the road side all can interfere with your overtaking.

And than there's bumps, undulations, that are likely to throw the car off balance, creating another possible collision.

Try some patience.
 
Another thing is when a person passes you then immediately slows down to about 10kph less than you are doing leaving you with less gap in front of you than is legal, then continually speeds up then slows down in front of you giving you the same problem.. You manage to keep the legal or longer gap then the driver in front of you suddenly slams the brakes for what appears to be no reason. It is one example for the cause of some accidents. if you hit the car that does that you are the one at fault. Maybe some want a new car.
 
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