Police are questioning drivers about this obscure car feature - could you be breaking the law without knowing it?
By
Danielle F.
- Replies 24
In the world of motoring, there are countless rules and regulations that drivers must adhere to, ensuring safety and compliance on the roads. But sometimes, it's the smallest details that can catch us off guard, leading to unexpected encounters with law enforcement. One such detail recently came to light when a Brisbane carpenter had a run-in with the police over a seemingly insignificant part of his vehicle – the gear stick's 'H-sticker.'
Nathan Swenson, a young Aussie tradie, shared his experience in a TikTok video after being pulled over for a routine breath test. To his surprise, the officer questioned him about the absence of an 'H-sticker' on his gear stick. This sticker, which indicates the gear shift pattern (1-2-3-4-5), was not on the knob itself but was placed nearby, within the driver's line of sight. After showing the officer the relocated sticker, Swenson was allowed to go on his way, but not without a word of advice to his viewers to 'keep your car as legal as you can.'
The incident sparked a flurry of comments and discussions online, with many expressing shock and others sharing similar experiences of being issued defect notices for the same reason. But what does the law actually say about these 'H-stickers,' and could you be unknowingly breaking it?
Upon investigation, it turns out that the requirement for an 'H-sticker' on a manual vehicle's gear stick is largely a myth in Australia. A spokesperson for Queensland's Transport and Main Roads department clarified that there is no such mandate in the Sunshine State. Similarly, the Australian Design Rules, which set the national standard for road vehicle safety, do not require gear shift patterns to be marked on vehicles.
However, state and territory regulators do play a crucial role in ensuring vehicle safety throughout its lifespan, including any modifications, unserviceable components related to safety wear, and other roadworthiness requirements. While missing an 'H-sticker' may not be a significant issue in Western Australia, South Australia, or New South Wales, the situation in Victoria is less clear. VicRoads states that vehicles must feature all necessary mountings, brackets, and fastenings to be considered roadworthy, leaving some room for police interpretation regarding the 'H-sticker.'
Watch Swenson's video here:
Source: @auzzie_boofs/TikTok
Despite the legal ambiguity, the absence of a gear shift pattern sticker can pose a real safety risk, as noted by Carla Melbourne, legal practice manager at Shine Lawyers Caboolture. She highlighted the potential danger when someone unfamiliar with a vehicle attempts to drive it, which can lead to tragic accidents, such as inadvertently driving into buildings or other structures. Melbourne emphasizes the importance of being able to quickly familiarize oneself with a vehicle's controls to prevent such accidents.
So, while you may not be fined for lacking an 'H-sticker' on your gear stick, it's still a wise practice to ensure that the gear shift pattern is clearly marked and visible. It's a small detail that can make a significant difference in safety, helping to prevent accidents and ensuring that all drivers, regardless of their familiarity with the vehicle, can operate it correctly.
Have you ever encountered a situation where a missing 'H-sticker' or similar small detail in your car caused confusion or concern? Share your stories with us, and let's discuss the importance of these minor yet crucial aspects of vehicle safety. And remember, if you're ever in doubt about the legality of your vehicle's features, it's always best to check with your local transport authority. Stay safe on the roads, and keep those gears clearly marked!
Nathan Swenson, a young Aussie tradie, shared his experience in a TikTok video after being pulled over for a routine breath test. To his surprise, the officer questioned him about the absence of an 'H-sticker' on his gear stick. This sticker, which indicates the gear shift pattern (1-2-3-4-5), was not on the knob itself but was placed nearby, within the driver's line of sight. After showing the officer the relocated sticker, Swenson was allowed to go on his way, but not without a word of advice to his viewers to 'keep your car as legal as you can.'
The incident sparked a flurry of comments and discussions online, with many expressing shock and others sharing similar experiences of being issued defect notices for the same reason. But what does the law actually say about these 'H-stickers,' and could you be unknowingly breaking it?
Upon investigation, it turns out that the requirement for an 'H-sticker' on a manual vehicle's gear stick is largely a myth in Australia. A spokesperson for Queensland's Transport and Main Roads department clarified that there is no such mandate in the Sunshine State. Similarly, the Australian Design Rules, which set the national standard for road vehicle safety, do not require gear shift patterns to be marked on vehicles.
However, state and territory regulators do play a crucial role in ensuring vehicle safety throughout its lifespan, including any modifications, unserviceable components related to safety wear, and other roadworthiness requirements. While missing an 'H-sticker' may not be a significant issue in Western Australia, South Australia, or New South Wales, the situation in Victoria is less clear. VicRoads states that vehicles must feature all necessary mountings, brackets, and fastenings to be considered roadworthy, leaving some room for police interpretation regarding the 'H-sticker.'
Watch Swenson's video here:
Source: @auzzie_boofs/TikTok
Despite the legal ambiguity, the absence of a gear shift pattern sticker can pose a real safety risk, as noted by Carla Melbourne, legal practice manager at Shine Lawyers Caboolture. She highlighted the potential danger when someone unfamiliar with a vehicle attempts to drive it, which can lead to tragic accidents, such as inadvertently driving into buildings or other structures. Melbourne emphasizes the importance of being able to quickly familiarize oneself with a vehicle's controls to prevent such accidents.
So, while you may not be fined for lacking an 'H-sticker' on your gear stick, it's still a wise practice to ensure that the gear shift pattern is clearly marked and visible. It's a small detail that can make a significant difference in safety, helping to prevent accidents and ensuring that all drivers, regardless of their familiarity with the vehicle, can operate it correctly.
Key Takeaways
- Brisbane carpenter Nathan Swenson was questioned by police for not having an 'H-sticker' on his gear stick during a random breath test.
- Queensland Police and the Transport and Main Roads department confirmed it is not an offence to have a missing gear stick sticker in Queensland.
- The Australian Design Rules do not mandate that gear shift patterns be marked, but state and territory regulations may have their own roadworthiness requirements.
- While missing gear markings may not render a car unroadworthy, legal experts say the lack of such stickers can pose a safety risk, especially for drivers unfamiliar with the vehicle.