Little-known driving rule shocks Aussie farmer–could you be making the same mistake?

Many Aussies pride themselves on their laid-back lifestyle and the freedom to enjoy their wide-open spaces, especially those who have spent a lifetime working the land.

But even in the most private of settings, such as a farmer's property, the law still has a reach that might surprise us.


Maddy, a young farmer, recently learned this lesson in a rather startling way.

After posting a seemingly innocent video on social media, which showed her driving with a drink between her legs on her private property, she received a warning from the social media platform.


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30 per cent of fatal crashes in Australia are attributed to drink driving. Image Source: Tiktok / @maddyandgerome


Puzzled by this, Maddy did what many of us might do in this digital age: she turned to Google.

Her search revealed a little-known driving rule that left her, and likely many others, astounded.

The rule in question? Drink-driving laws apply everywhere in Australia, not just on public roads.

‘To me that’s wild,’ Maddy expressed. ‘You're clearly not allowed to do it on public land, but on your own private land I thought you could do what you want—you own that land.’

This assumption is common, and it's easy to see why many might think the privacy of their property would exempt them from certain laws.

However, the reality is that the law does not make such distinctions. In NSW, for example, the Road Transport Act 2013 states that while residents cannot be breath-tested at home, this does not grant immunity from drink driving charges.


If an incident occurs, such as a car accident on private property resulting in damage or injury, police have the authority to arrest the individual on their property and conduct a breath test at the station.

Should the person be over the legal blood alcohol limit, they can be charged with drink-driving.

Furthermore, a charge of ‘driving under the influence’ can be laid if it can be proven that the person was intoxicated while driving, even without a specific blood alcohol count.


Source: TikTok / @maddyandgerome​


This rule isn't exclusive to NSW. Across all states and territories, if police have reasonable suspicion that someone has recently driven under the influence, they can request a breath test, regardless of the location.

Consequently, a person can be charged if found over the limit.

The implications of this rule are significant, especially when considering the statistics provided by NSW Transport, which indicate that drink driving is a factor in about one in every seven fatal crashes in NSW. Despite this, one in ten drivers confess to drink-driving.


The effects of alcohol on driving abilities are well-documented. It can impair judgment, reduce concentration, and slow reaction times, making it dangerous to operate a vehicle even in a seemingly controlled environment like a private farm.
Key Takeaways

  • An Australian farmer from New South Wales was surprised to learn that drink-driving laws apply even when driving on private property.
  • Maddy received a warning after posting a video that prompted her to research the legality of her actions.
  • Despite common misconceptions, the Road Transport Act 2013 NSW clarifies that residents can still be charged with drink-driving on private land.
  • Drink-driving is a significant issue in NSW, contributing to approximately one in every seven fatal crashes.
For those of us, who may have grown up when attitudes towards drink-driving were different, this serves as an important reminder that the laws have evolved, and we must too.

It's crucial to stay informed about the current regulations to avoid unintended legal consequences. If you want to keep up with lesser-known driving regulations check out this article!

Have you ever encountered a surprising legal rule on your property or during your travels? Share your stories with us in the comments below.
 
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  • Haha
Reactions: Observer
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Seems to me if you are breaking any laws on private property or public, best not to share on social media. Police are not on your property, but once in public domain it is their job to follow it up
 
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Reactions: DLHM and Jennie
What makes this stupid person think that she is more capable to drink drive on private property than on a public road ? There have been plenty of people killed on farms and stations while driving over the limit. And don't live your life on social media.
 

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