Common road rule about overtaking that could see a motorist hit with a $370 on-the-spot fine 

The little-known road rule drivers commonly break that could see them hit with a $370 on-the-spot fine

  • A little-known road rule can result in a large fine
  • Speeding up when being overtaken is an offence 

Drivers who speed up when another motorist tries to overtake them aren’t just incredibly annoying, they are also breaking the law and can be fined on-the-spot. 

It is a little known road rule that drivers are not allowed to accelerate when another car is trying to pass them – regardless if they remain under the speed limit. 

Australians who do this behind the wheel and are spotted by police can be slapped with a penalty, starting with an immediate $370 fine.

The fine can climb as high as $2,785 if the driver decides to challenge it in court and loses. 

It’s not just annoying: Drivers who speed up when another car tries to overtake them can be fined hundreds of dollars on-the-spot (stock image)

According to Transport for NSW the rule specifically states that drivers ‘must not increase speed when another vehicle is crossing a dividing line or the centre of the road to overtake’.

The driver being overtaken must also stay in their lane and not increase speed until the other car has merged back and is at a safe distance to avoid a collision. 

In NSW, the applicable on-the-spot fine is $362 and the driver will also be hit with three demerits points on their license. 

Victorians can be given $370 fines immediately along with two demerit points or up to $1,849 if they challenge the fine in court and are unsuccessful. 

Those in South Australia can be hit with a $278 penalty if they are spotted putting their foot down when being overtaken.

While in Queensland, the on-the-spot fine is a lower $86 and two demerit points but the maximum court penalty jumps to a sizable $2,785.

In WA, the fine is $200 and two demerit points, while in Tasmania it is $173 and one demerit point.

Accelerating when being overtaken is also illegal in the NT but a driver is issued with a court notice rather than an on-the-spot fine and the amount at the discretion of a magistrate.

A driver pinged for the offence can fight it in court but if they are unsuccessful much larger fines can be applied (stock image)

A driver pinged for the offence can fight it in court but if they are unsuccessful much larger fines can be applied (stock image) 

FINES FOR SPEEDING UP WHEN BEING OVERTAKEN BY A CAR

VICTORIA:

$370 fine on-the-spot and two demerit points or up to $1,849 in court.

NSW:

$362 fine on-the-spot and two demerit points.

SOUTH AUSTRALIA:

$278 on-the-spot.

QUEENSLAND:

$86 on-the-spot and two demerit points or up to $2,875 in court. 

WESTERN AUSTRALIA:

$200 and two demerit points.

TASMANIA:

 $173 and one demerit point.

NORTHERN TERRITORY:

Fine amount decided by a court. 

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