'Three demerit points?': Police warn of easy way to be fined this summer
01/06/2025 02:00 PM
Heading into the warm months, police have warned of an easy mistake you can make that will leave your licence marked with three demerit points.
Almost everyone is guilty of putting their arm out of the window of a car at some point in their life, but did you know it can land you a pretty serious fine?
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The official South Australian Police Force Road SafetyInstagram account recently posted a refresher video warning motorists of the dangers the simple act can pose.
“If you are travelling in a vehicle, or have a passenger who is travelling in the vehicle, and have a body part outside the vehicle, not only are you increasing your chances of being severely injured should there be a crash, but you could also be liable for a fine of $323 and three demerit points,” said the South Australian police officer.
The comments for the post were eventually turned off due to a “commenters’ breach of community guidelines”, but the law, which has been in effect for decades, has been the hot topic of unsuspecting motorists for years.
In previous Facebook posts about the lesser known rule, the opinions of commenters varied greatly, with some saying the law is too harsh and others agreeing.
“I understand a law is a law. But I don’t really understand this one. Wouldn’t all motorcycles be illegal? They’ve got a lot of limbs on the outside of their vehicle. Not resting your arm on the window? Give me a break,” said one user.
“In our small town, we have had five people lose their arm from hanging it out the window; it has been a law for many years because of this type of accident not to have [an] arm outside of [the] car window,” said another.
“The police members are the ones who pick up the body parts (like arms/fingers/legs) after a motor vehicle accident. Sometimes, it takes this action to get a message across,” wrote another.
But is it illegal to have your arm out of the window of a car in all Australian states?
Is it illegal to have your arm out of the window of a car?
New South Wales
New South Wales motorists must adhere to Road Rules 2014 – Reg 268: “A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle unless the person is the driver of the vehicle and is giving a hand signal”.
The fine is $349 and three demerit points if you are the driver, and $349 and no demerit points if you are a passenger, although even in the latter case, the driver will also get the fine and demerit points.
Victoria
Victorian drivers must adhere to Regulation 105, which hands out a one penalty point, which is currently $192.31, and no demerit points if any of a vehicle’s occupants “drives or travels with any part of body protruding”.
Queensland
Queensland has the same subsection of Regulation 268 as New South Wales: “A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle unless the person is the driver of the vehicle and is giving a hand signal”.
It carries a fine of $301 and three demerit points for the driver.
South Australia
South Australia is another state that uses Regulation 268: “A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle unless the person is the driver of the vehicle and is giving a hand signal”.
The fine is $323 and three demerit points for the driver.
Western Australia
Western Australia has Regulation 242: “A person while driving, or travelling in or on, a motor vehicle shall not permit any part of his or her body or limbs to extend or protrude beyond or through any external door, window or other opening of the vehicle; or to extend or protrude beyond or hang over any side or the front, rear or any other external portion of the vehicle”.
The reprimand is one penalty unit, which is $50 for the driver.
Northern Territory
The Northern Territory also uses Regulation 268: “A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle unless the person is the driver of the vehicle and is giving a hand signal”.
The penalty is $50 for the driver.
Tasmania
Tasmania is another state that uses Regulation 268: “A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle unless the person is the driver of the vehicle and is giving a hand signal”.
The fine for breaking this rule is $151.50 for the driver.
Australian Capital Territory
The Australian Capital Territory also uses Regulation 268: “A person must not travel in or on a motor vehicle with any part of the person’s body outside a window or door of the vehicle unless the person is the driver of the vehicle and is giving a hand signal”.
The fine for breaking this rule is $219 for the driver.
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