Demerit points warning issued to Australian motorists

A Perth woman has taken to social media to point out a common act on Australian roads which could see drivers slapped with a fine.

Janelle McEvoy said in a video that she was recently stopped for a random breath test and the police officer pointed out the little known rule to her.

‘Did you know you can get a $100 fine and one demerit point taken away from you if you have one of these hanging in your car,’ she said, holding up an air freshener designed to to be hung from the rearview mirror.

‘I randomly got breath tested on the way to an event this morning and the police officer told me when I get home I need to remove this hanging from my car to avoid the $100 fine and the demerit point.

‘Doesn’t everyone have one of these hanging from their car? Where is it supposed to go?’

Many commenters on the clip seemed to be unaware of the little known rule, although some said they had been told before.

‘What? Can I not have my car smelling nice in peace?’ one asked.

‘You can have them in your car, just not on the rearview mirror because if you get in an accident they can say it is a distraction and a view obstruction,’ another said.

‘Always been the rule in Australia to not be allowed to hang things off a rearview mirror. They rarely do fine you though,’ added a fourth commenter.

‘Is it state specific, not Australia wide?’ asked another.

One commenter pointed out that there are air fresheners that will clip onto a car’s air-conditioning vents, leading to a follow up video in which Ms McEvoy swapped her’s over.

So what are the rules?

According to authorities it’s not technically illegal to have an item hanging from your rearview mirror, but if an item is deemed to be obstructing the driver’s view or is a  distraction, then that can warrant a fine. 

In NSW, the Department of Transport said driving without a clear view of the road can result in a $349 fine and three demerit points.

In Victoria the rules are the same and while the fine is a little lower at $288 there can be a court penalty of up to $962 if the obstruction is deemed a major issue.

Fines vary between states, with WA having one of the smallest penalties, but having an obstructed view of the road is a finable offence Australia-wide (stock image)

Queensland’s Department of Main Roads said an on-the-spot fine of $361 can be given to driver’s caught with an obstructed view of the road.

In Western Australia, where Ms McEvoy was driving, a $100 fine applies along with a demerit point under the Traffic Code 2000.

The code states that ‘a driver must not drive a vehicle unless he or she can obtain a full and uninterrupted view of the road and any traffic ahead and on each side of him and her’.

In SA, a fine of $215 can apply for an obstructed view, and in Tasmania the fine is $195.

In the Northern Territory it would fall under the rule of driving an unsafe motor vehicle and a $140 fine would apply for the obstructed view.

And in the ACT, officers can issue fines for any breach of driver ‘impairment or distraction laws’ which can vary and the maximum amount able to issued is a sizable $3,200 fine.