Car Accident Lawyers Gold Coast and Brisbane Tell of Unusual Road Rules in Qld. No Win No Fee Lawyers servicing Qld with offices in Brisbane and Gold Coast.
There are some very unusual Road Rules in Queensland
In Queensland, there are still subsisting today, some very antiquated Road Rules that were relevant in the time of horse and carts but are no longer of any relevance in the modern world of motoring today.
For instance, did you know that the taxi cab you got home from a night out should have had a bale of hay in its boot ? Well, according to Queensland Road Rules it should have. This is an old Road Rule from days of yore when you needed to have that extra bale of hay at the ready to feed the horse pulling your cart! It is the equivalent to having an extra can of petrol in the boot of your car.
Riding animals on the roadway was obviously a common event in days gone by. One of the Road Rules from this bygone era still prevails today and says that if you ride your dog, pig, cow or horse on the road, then it can be considered that you’re in operation of a vehicle.
So, if you’re partying with your mates, and you decide to ride your pet dog or pig down the street drunk, you can actually be charged with drink driving !
There are also some other rather unusual Road Rules that are still relevant today, but you may not even be aware they exist. And you can be fined or even charged for breaking these Road Rules.
Taking Evasive Action to Avoid an Animal on the Roadway is only Allowed where it is Safe to do so
We have all been driving along happily and then suddenly a dog or cat will run out in front of us. The automatic reaction is to immediately swerve to avoid the hapless animal, but in fact, you are putting yourself at risk in doing this. If your actions in swerving result in a collision with another car, truck, cyclist or pedestrian, you can be held at fault for the collision and possibly fined or charged.
When an animal suddenly appears in front of you on the road, then you need to immediately take stock of your surrounding environment before taking any evasive action. You need to assess whether your action in avoiding the animal will give rise to a risk of causing a collision.
So, if you have to take remedial action to avoid an animal on the roadway, make sure that suddenly throwing on your brakes or swerving is not going to unreasonably obstruct the path of another vehicle, take you into the path of an oncoming vehicle, or otherwise cause a collision with another motor vehicle, cyclist or pedestrian in your vicinity.
In taking any avoidance action, you must not unreasonably obstruct the path of other road users or cause a traffic hazard. The action you take must be appropriate to avoid or prevent risk to yourself and other road users.
The Road Rules state that to avoid hitting an animal on the roadway, you may take the following action, only if it is safe to do so:
- Stop or drive on the road shoulder to avoid hitting the animal; and
- If you have a clear view of traffic approaching you, and it is safe to do so, you may:
- Drive to the right of the centre of the road to avoid hitting an animal (if there is no centre line), or,
- Drive to the right of a dividing line, a dividing strip, over a single continuous line, over two parallel continuous lines or over a painted island.
So next time an animal appears in the headlights ahead of you, think before you take avoidance action. What you do next could result in you being fined or prosecuted should your actions result in a collision, causing injury. Keep in mind that the action you take must be considered necessary and reasonable.
The Window Gap Rule
Now, the window gap Rule always comes as a shock to motorists when they become aware of it. In Queensland, it is the law that if you’re more than 3 metres from your car the vehicle must be “secured”.
What “secured” means is:
- Engine is off;
- Handbrake must be applied;
- Key must be removed from the ignition; and
- Windows must be up with a gap of no more than 5cm.
If there is a person over 16 years of age in the vehicle then this will suffice however.
So, if it is a hot summer’s day and you decide to leave your car with windows down more than 5cm to let the hot air out of your vehicle, you can be fined, and this has in fact happened.
It’s a Rule that Body Parts are to be Kept Within a Vehicle at All Times
It is actually against the law to have a part of your body outside a moving vehicle. I actually was aware of this Rule from experiences long ago riding the school bus. As children we would continually be reminded to keep our arms within the school bus at all times.
Obviously, the purpose of this Rule is to avoid unnecessary injuries from body parts coming into contact with other vehicles or obstacles outside a moving vehicle.
You are Required to Leave a Sufficient Gap When Overtaking Cyclists on a Roadway
When overtaking cyclists on the roadway you must leave at least 1 metre between the left outermost part of your car (including the side mirror or anything else sticking out from the vehicle) and the right outermost part of the bicycle (including something sticking out from the bicycle). And if the speed limit is over 60kph when overtaking, then the required distance is 1.5 metres.
When overtaking a cyclist on the road ahead of you, you are allowed to cross over centre lines, or the centre of the roadway if there are no line markings in place, where this is necessary to overtake safely. And this is also the case for continuous line markings and crossing or straddling marked islands in the roadway, where it is necessary to overtake safely.
It is necessary to use your indicator when overtaking a cyclist and you are veering out of your designated lane or over the centre of the roadway. But always remember to check your blindspot when doing this.
If it is unsafe to take such action to pass a cyclist, then you are required to wait and travel behind the cyclist until such time as it is safe to pass.
If you don’t keep a safe distance when overtaking a cyclist of at least 1 metre for roads regulated at 60kph or less, or 1.5 metres for those over 60kph, then you can be fined. The fine is $365, and if the matter proceeds to Court, the fine can be as much as $4,876.00. It also carries 3 demerit points.
Driving with Deafening Music or a Loud Exhaust or Engine
Did you know that it is actually an offence to drive around with loud deafening music blaring out of your vehicle, or with a loud sounding engine or exhaust system? Well it is.
I am fairly certain, from my experience living in Brisbane and Gold Coast areas, that most people are not aware of this Rule. I have often heard some pretty deafening car engines and loud thumping music coming from the vehicles around me.
And it is actually an offence for a person to start or drive a vehicle in a way that makes unnecessary noise or smoke and you can be penalised for doing so. So, if you pull up at traffic lights with a police car next to you, and you have your disco music blaring, then you had better hope they like the Village People, or you may end up being fined.
Tooting your Horn Unless in Warning is a Breach of Road Rules
It is an offence to honk your horn in a motor vehicle unless you are doing so to warn other road users of your approach or you need to warn animals to get off the road.
Also, you are permitted to sound your horn if it is activated as part of an anti-theft device or alcohol interlock device in your vehicle.
So, those toots goodbye and hello that we are all guilty of at some time or other, are actually in breach of the Road Rules. And so too are those honks in response to roadway signs asking for support by a toot of your horn.
Always be Respectful toward Funeral Processions
I believe most people would probably be aware that this is a courtesy that should be extended to funeral processions on the roadway, but I doubt they are aware that it is actually a Road Rule. And not adhering to this Rule can result in a fine.
The Rules say that if you see a funeral procession on the road whilst driving, you must not attempt to drive through the procession or interrupt the progress of the procession, or you can be fined for doing so.
Pets Travelling in Vehicles Must be Restrained
Your pets must be placed in a restraint when travelling in a vehicle. They cannot be left to roam around the vehicle whilst you are driving. As in the case of children, pets are not permitted to ride on the lap of a driver or passenger.
And this includes where pets are riding in the back of a vehicle, such as in a utility or tray of a truck. They must always be adequately restrained.
When Riding your Motorcycle You Must Keep Both Feet on the Footrests at All Times
Recently a Brisbane motorcyclist was fined by Police when he was seen to take his foot of the footrest of his motorbike and stretch his leg whilst travelling along the highway.
Just as in the case of keeping your body parts inside a moving vehicle at all times, you must also watch where you place your body parts when riding a motorcycle on the roadway. The Rule is that you must keep both of your feet on the footrest of your motorcycle at all times it is in motion.
Brisbane & Gold Coast Car Accident Lawyers – No Win No Fee Personal Injury Lawyers
No Win No Fee Personal Injury Lawyers are experts in motor accident injury claims. If you’ve suffered injury in a car accident, or in a road accident involving a truck, tram, bus, cyclist or pedestrian, and you need advice, then give us a call on 1300 388 383.
All enquiries are FREE of charge, without any obligation and completely confidential. And we’re available to you 24/7.
You can also send us an enquiry via one of our Request forms on our website. You can ask for a FREE callback or consultation or for an Instant Free Case Appraisal.
Our Motor Accident expert is a Senior Lawyer who has been trained in motor accident claims by Queensland’s major CTP insurer. She can advise you as to whether you have a valid motor accident claim to pursue within just a few short minutes and at no cost to you.