Is it illegal to drive with your arm out of an open car window in Australia?

Find out if it’s illegal to drive with your arm out of an open car window in Australia. Our expert team at Drive Car Advice provides answers to all your queries regarding road rules, driving tips, and car maintenance. Is it illegal to drive with your arm out of an open car window in Australia? Read now and stay informed!

Yes, that is correct. This includes leaning your elbow on an open car window ledge, which I believe most of us have done at some point.

Nowadays, almost all new cars are equipped with some form of climate control, whether it’s basic air conditioning or more advanced temperature-controlled climate settings. As a result, there is less need to roll down the windows and let in hot outside air when you can create a comfortable atmosphere inside the car.

However, not everyone has access to AC and those with older cars still rely on fresh air from open windows. It’s incredibly tempting to rest your arm on the open window’s ledge. I have certainly done it before, and I’m sure you have as well.

It is illegal in every Australian state and territory, with steep fines for offenders. There are good reasons for this prohibition.

Although hanging an arm out of your car window may offer some relief from hot weather, it is a dangerous practice. It poses a risk of injury or amputation to the person doing it, and could also strike a cyclist or motorcyclist, causing them serious harm or worse.

That danger is heightened when you stick your arm out of the window to wave hello or goodbye to friends. It is illegal in every state and territory as well. Dangling a leg or foot out of an open window (we’ve all seen someone doing that) is also prohibited.

The laws across Australia are uniform: “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: (a) for changing direction to the right; and (b) for stopping or slowing”. Hand signals might be necessary if there is a broken indicator or brake light.

Although the laws are consistent throughout Australia, penalties for such offences differ significantly.

What are the fines and penalties in Queensland, SA, WA, TAS, and ACT for waving your arm out of a car window?

In Queensland, offenders will be fined $268 and receive three demerit points. Taking the matter to court, if found guilty, could result in a hefty $2875 fine along with a maximum of 20 penalty points.

What are the fines and penalties in SA for waving your arm out of a car’s window?

In South Australia, dangling limbs out of car windows can result in a penalty of $205 and three demerit points. Furthermore, a Victims of Crime levy of $94 is added, bringing the total fine to $299.

What are the fines and penalties in WA for waving your arm out of a car’s window?

Is it legal to have any part of your body sticking out of a car window in Western Australia? Compared to its eastern counterparts, Western Australia is more relaxed on this offence. The penalty for such an action is one demerit and one penalty point, which amounts to a fine of $50.

What are the fines and penalties in TAS for waving your arm out of a car’s window?

In Tasmania, those caught with their arms, legs or heads out of an open vehicle window will be fined the quaintly specific $135.75.

What are the fines and penalties in the ACT for waving your arm out of a car’s window?

The ACT imposes a maximum of 20 penalty points for the violation of having any part of your body protruding from an open vehicle window. This offense can lead to a maximum individual fine of $3200 (or $16,200 for corporations) due to one penalty unit being worth $160 or $810 respectively.

What are the fines and penalties in the NT for waving your arm out of a car’s window?

Without a specific penalty in the Northern Territory, the offense falls under the ‘General Penalties’ provisions of the Territory’s Traffic Regulations 2007 act. According to the Act, a general penalty carries a maximum of 20 points ($3240) and/or up to six months in prison. Therefore, it is advised for Territorians to keep their limbs inside the vehicle.

CarCareVIP