SLATER & GORDON As Schoolies kicks on and summer holidays loom, lawyers are urging motorists to be aware of traffic laws which vary between states and territories.
The enactment of the Australian Road Rules in 1999 aimed at creating uniform roads laws across the country - however each state and territory has since adopted its own stance on road legislation, defeating the intended purpose of the Rules.
Senior Lawyer Peter Uniacke said the differences defeated the intended purpose of the Rules and resulted in motorists often unintentionally breaking the law.
Mr Uniacke said laws most likely to change across borders, centred around restrictions on learner and probationary drivers, however he encouraged all motorists to take note of the relevant state or territory-specific legislation before crossing a border.
He said locations of note included towns on state borders such as crossings at Albury-Wodonga, Tweed Heads-Coolangatta and Canberra-Queanbeyan.
'All drivers are bound by the traffic laws of each state or territory they are driving in, regardless of whether they have ever read those laws,' Mr Uniacke said.
One of the few exceptions to this was driving age.
'A 17-year-old NSW licensed driver is legally allowed to drive in Victoria, despite he or she being younger than that state's required age of 18,' he said.
'If you've been licensed to drive in one state, that licence allows you to drive in another Australian state or territory but only subject to restrictions imposed by that licence.
'The devil really is in the detail. In each case, it is essential to look at the relevant state or territory provision to work out what applies and what does not.'
Road law differences: Victoria and NSW
Issue | Victoria | New South Wales |
Licence eligibility | 18 | 17 |
L-platers allowed to tow | No | No |
L/P-plate speed limit | Posted speed limit | No more than 90km/h |
P-plate passengers | P Plater 1 are allowed 1 passenger between 16 and 22 unless with an experienced driver | Drivers under 25 are permitted 1 passenger under 21 between 11pm and 5am |
Auto licence holders driving manual cars | Only manual and unrestricted drivers | Only P-plate 2 and unrestricted drivers |
Learners and mobiles | Cannot use mobiles | Cannot use mobiles |
Road law differences: Queensland and NSW
Issue | Queensland | New South Wales |
Licence eligibility | 17 | 17 |
L-platers allowed to tow | Yes | No |
L/P-plate speed limit | Posted speed limit | No more than 90km/h |
P-plate passengers | P-plate 1 drivers under 25 are permitted 1 passenger under 21 between 11pm and 5am | Drivers under 25 are permitted 1 passenger under 21 between 11pm and 5am. |
Auto licence P Platers driving manual cars | No. Unless they are supervised showing L plates | Only P-plate 2 and unrestricted drivers |
Learners and mobiles | Cannot use mobiles | Cannot use mobiles |
Road law differences: ACT and NSW
Issue | ACT | New South Wales |
Licence eligibility | 17 | 17 |
L-platers allowed to tow | Trailer can't carry more than 750kg | No |
L/P-plate speed limit | Posted speed limit | No more than 90km/h |
P-plate passengers | No restrictions | Drivers under 25 are permitted 1 passenger under 21 between 11pm and 5am |
Auto licence holders driving manual cars | Unrestricted or automatic licensed P Platers with 12 months experience | Only P-plate 2 and unrestricted drivers |
Learners and mobiles | Phone needs to be in holder | Cannot use mobiles |
Slater & Gordon Limited published this content on 29 November 2017 and is solely responsible for the information contained herein.
Distributed by Public, unedited and unaltered, on 29 November 2017 05:22:06 UTC.
Original documenthttps://www.slatergordon.com.au/media-centre/media-releases/don’t-get-caught-other-side
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