While most people have a general idea of the road rules, there are a lot of urban myths that have made their way into the public consciousness.
Ever been told that it’s illegal to change lanes in an intersection, or that you can start speeding up as soon as you see a new speed sign?
Both are false! Below, we’ve compiled a list of answers to the most common urban traffic myths so you can finally learn the truth.
I can start speeding up as soon as I see a higher speed limit sign; and I only need to start slowing down after I see a lower speed limit sign.
False. A speed limit indicated by a sign applies to the stretch of road beginning at the sign and ending at the next sign (or T-Intersection).
The default speed limit in a built-up area is 50 kph, but on a major road it’s 60 kph.
It’s true that the default speed limit in a built-up area is 50 kph; however there’s no specific rule for major roads. Outside of built-up areas, the default speed limit is 100 kph.
Exceeding the speed limit is fine if you’re overtaking.
False. There’s no rule that allows you to exceed the speed limit when overtaking.
On a multi-lane highway, you can’t use the right-most lane unless you’re overtaking.
True – but it’s a bit more complex than that. The rule doesn’t just apply to highways; it applies to any road where the speed limit is over 80 kph (or, of course, where there’s a ‘keep left unless overtaking’ sign). It also applies to any road of at least two lanes – it doesn’t have be three or four lanes. Of course, there are reasonable exceptions; such as if you’re turning right or making a U-turn, avoiding an obstruction, in congested traffic, or where there are ‘left lane must turn left’ signs or left-turn arrows on any of the lanes.
It’s legal to proceed through a traffic-light intersection as long as you enter the intersection before the light turns red.
While you’re unlikely to ever get in trouble for this one, the law is actually that you have to stop for a yellow light if it’s safe to do so.
I can’t be fined for driving too slowly.
False. There are no fixed minimum speed limits, but the Road Rules require you not to “unreasonably obstruct the path of another driver or a pedestrian”, including by “driving abnormally slowly in the circumstances”. The Road Rules give an example of a person driving at 20 kph on an 80 kph road with no good reason (e.g. traffic conditions). However, it’s unlikely that you could get into trouble unless you were actually holding up traffic (e.g. on a single-lane road or at peak hour) since the offence revolves around obstruction rather than speed.
It’s illegal to change lanes in an intersection.
Only if there’s turning lanes involved! If you’re turning at the intersection, and the turning lanes are marked out, then you can’t change lanes while going through the turn. You also can’t change from a turning lane to a non-turning lane while in the intersection (or vice versa). But there’s no law prohibiting you from changing from one lane to another in an intersection if neither are turning lanes and you’re just travelling straight ahead
Of course, you typically can’t change lanes in the leadup to a major intersection with marked lanes, since there are usually continuous white lines between the lanes. But this is just because of the rule about not crossing continuous white lines – it’s not part of a separate rule.
It’s illegal to drive barefoot.
Nope! This myth is a US import. There are no rules regulating what you can or can’t wear on your feet, as long as you remain in control of the vehicle.
It’s illegal to drive with the interior light on.
Once again, as long as you’re not dangerously impacting your ability to see the road, you’re not breaking any laws by turning the light on.
You must carry your licence with you at all times when driving.
If your stomach drops whenever you realise you don’t have your licence with you – don’t panic! As long as you do actually have a licence, there’s no specific rule requiring you to have it on you.
However. If you’re stopped by police because they suspect you’ve broken the traffic laws, or because they are investigating breaches of, or enforcing, the traffic laws, then they can require you to produce your licence.[1] If you’re a P-Plater, L-Plater, or heavy vehicle driver, they can fine you up to $6452 if you can’t or don’t comply. But you can’t be fined if you’re driving a car and hold an open licence and are unable to produce the licence immediately. However, the police can require you to produce your licence at a nominated police station without 48 hours.
Speed cameras and red light cameras are required to be signed.
False! There’s no law that requires this. However, the Queensland Government states that it does in practice always place warning signs around fixed to alert drivers to their presence.
Did you know you can …
- … drive your car up the road shoulder on the motorway to get past stationary traffic? We’ve all shaken our heads at ‘those people’, but it’s actually legal as long as:
- you’ve just entered, or are about to exit, the road; or are about to turn at an intersection; and
- you only drive with part or all of your vehicle over the white edge line for no more than 100m.
- … use your phone to pay at the drive-through (including drive-through payment checkpoints e.g. in carparks)? Under any other circumstances it would be illegal to use your phone while your car is running; but there’s a specific exception for drive-throughs.
- … leave your seatbelt off while you’re reversing the car? This only applies to the driver though!
Did you know you can’t …
Drivers
- … speed up when someone is trying to overtake you, if they’ve had to cross to the right-hand side of the road?
Pedestrians
- … walk along the road if there’s a footpath or nature strip that you could use?
- … walk on the left side if you do need to walk on the road? You have to walk against the flow of traffic; which means sticking to the right-hand side road if it’s a two-way street.
- … walk three or more abreast (unless overtaking)?
Cyclists
- … lead your pet while cycling, regardless of whether or not the lead is secured to the bike?
- … ride ‘no hands’?
E-Scooters
- … ride if you’re under 12, or under 16 unless you’re supervised by an adult?
Skateboards, rollerblades, old-school scooters etc.
- … ride on a road with a dividing line/median strip, or on a road with a speed limit of more than 50 km/h, or on any road at night?
- … ride on any road, footpath, nature strip, etc. if you’ve attached a device to it (or yourself) to propel it?
Advertising (unless you have a permit)
- … distribute advertising material for a business from your car while driving?
- … carry a placard, sign, poster etc. advertising a business?
- … carry another other placard, sign, poster etc. unless it’s made of cardboard or non-rigid material and under 610 mm per side?
- … drive, if your primary purpose for driving is to promote your business?
Each of the above attracts a maximum penalty of $3226.
Note: except where otherwise stated, this article reflects the Queensland road rules applicable to drivers of ordinary vehicles. In some instances, there are bespoke laws that apply to particular vehicle types, such as heavy vehicles.
In trouble for breaking road rules
Vocare Law is well equipped to assist in traffic matters with a wealth of collective knowledge and decades experience providing advice and representation in the area of criminal and traffic. Please don’t hesitate to contact our office if you have any questions on 1300-VOC-LAW / 1300-862-529 or email: enquiry@vocarelaw.com.au
This update was written by Martin Churchill, Lawyer.
**The information contained herein does not, and is not intended to, constitute legal advice and is for general informational purposes only.
