Drivers warned over common road rule attracting $410 fine

Motorists in one state are being reminded of the overtaking rule that's often misunderstood, police say. And similar rules apply across the country.

Left: Driver handing driver's licence to police. Right: Three lanes of traffic on busy road.
There are many overtaking road rules drivers often ignore, NSW Police warn. Source: Getty

Drivers in one state are being reminded about a commonly ignored road rule as authorities crack down on misbehaving motorists. But it's food for thought for those in other states and territories too, as similar rules often apply — and breaking them can leave drivers with a hefty fine to pay.

Traffic and Highway Patrol Command, part of the NSW Police Force, say there are often misconceptions around overtaking. "Command has seen an increase in collisions involving drivers overtaking other vehicles," they shared on Facebook this week — and often it comes down to flouting the rules.

The biggest mistake drivers make is cruising in the right lane. Last week, NSW Police released a statement urging motorists against ignoring "keep left signs unless overtaking". A provisional driver was busted for "disobeying" this rule and copped a $410 fine.

Speaking to Yahoo News Australia prominent Sydney lawyer Avinash Singh of Astor Legal said the provisional driver might've got off easy compared with the penalties they could have faced. "You can incur a fine of up to $2,200 for disobeying this rule," he told Yahoo News Australia.

But there are other overtaking rules police say are often ignored too. NSW road rules state drivers must not overtake another vehicle:

  • across an unbroken dividing line (single or double)

  • when you do not have a clear view of approaching traffic, for example, before a crest or curve or if you have limited visibility

  • when a vehicle is stopping or has stopped at a pedestrian crossing, intersection or railway crossing

  • or where a road narrows

NSW Police urged motorists against ignoring
NSW Police urged motorists against ignoring "keep left" signs unless they're overtaking, like a utility driver on the M5 recently did. Source: NSW Police Highway Patrol

"It is not only illegal to cross unbroken lane lines to overtake but it is illegal to overtake at any time when it is unsafe to do so," police said on social media.

"This means you require an unobstructed view of traffic ahead, must not exceed the speed limit and must not overtake or re-enter the lane too close to the overtaken car."

But another common behaviour on roads might be to speed up when another driver attempts to overtake you. This is also an offence in NSW. "All of these offences carry penalties up to $410 and 3 demerit points," Traffic and Highway Patrol Command warn.

Additionally, you must never exceed the speed limit when overtaking, whatever the circumstances. This rule applies across the country.

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