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

Maan · 2025-10-29T12:50:18+1100

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!

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

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