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How you could be breaking the law when overtaking, merging or even using your horn

Opinion Safety Car News
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Driving in Australia is complex, so it's not surprising that we occasionally get the road rules wrong.
Laura Berry
Senior Journalist
28 May 2023
5 min read

Driving, especially on Australian roads, is complex, multi-faceted endeavor where you have to constantly stay vigilant and make countless decisions and inputs to get to your destination.

It's little wonder then, that some of us are getting some road rules wrong.

How to merge, how to overtake, what your horn is for and you probably even think that slower drivers always have to keep left? Well, you’re very likely getting all these wrong, but you can fix that by reading this.

MERGING

Who gives way when merging?
Who gives way when merging?

Let’s start with merging. There are two main types of merging situations: forming one lane and moving into another lane when one ends. They’re different and every state from Queensland to Victoria and from Western Australia to New South Wales have the same rules.

Let’s start with forming one lane. You know the case - the dotted line stops, the road narrows to form one lane. So who gives way? The car on the left or the right? The answer is neither. 

The car that must give way is the one that’s behind the other. In other words the car which is even slightly ahead gets the right of way. Keep in mind this isn’t a licence for the lead vehicle to suddenly cut in front in a “I-know-my-rights” kind of way.  

The second type of merging involves a lane ending with a dotted line all the way until the lane finishes and our aim is to move into the right-hand lane beside it. We encounter these when joining motorways. 

The problem is we think of this type of motorway situation as merging and not what it really is - just changing lanes. Again all states agree that vehicles in the lane which ends must give way to cars in the lane they are changing to - as you would any time you change lanes.

KEEPING RIGHT

You only need to keep left if the speed limit is 80km/h or above on a multilane road.
You only need to keep left if the speed limit is 80km/h or above on a multilane road.

Ready for more? What about the old keep-left-unless-overtaking rule that gets both slow drivers and those in a hurry ridiculously furious? 

The truth is you only need to keep left if the speed limit is 80km/h or above on a multilane road, that’s for New South Wales, Queensland and Victoria. In Western Australia you only need to keep left on multilane roads with speed limits of 90km/h and above.

Many highways, especially those that run through suburban areas, have speed limits of 60-70km/h, in which case you are well within your rights to keep right, but you will have somebody tailgating you within seconds. So, it might be wiser and safer to move out their way, even though you don’t need to by law. 

OVERTAKING ON THE LEFT

Every state allows for overtaking on the left.
Every state allows for overtaking on the left.

All throughout Australia each state’s road rules say you are absolutely allowed to overtake on the left as long as you’re driving on a multilane road. 

But take care! Use caution when doing so as most motorists will expect to be overtaken on their right and you should really only perform this overtaking manoeuvre if the right lanes are congested.

This means if somebody is in the right-hand lane and you’re moving faster than them, then rather than be a completely dangerous drongo and tailgate that car to intimidate the driver into getting out of the way, just overtake on the left when safe to do so.  

GET YOUR HAND OFF THE HORN

The road rules in every state are very clear as to when a horn can be used.
The road rules in every state are very clear as to when a horn can be used.

This is one that I reckon we’re all guilty of and that’s using our horn in anger or frustration. It could be to honk at somebody who’s not seen the traffic lights turn green, or beep at somebody who’s taking a bit longer to make a turn, or toot at somebody driving slowly.

Using our horn in all of these cases is illegal throughout Australia. The road rules in every state are very clear as to when a horn can be used.

In Victoria the law states: “You must only use your horn if it is necessary to warn other road users of the approach or position of your vehicle.”

In Queensland the rules say: “You may only use the horn of your vehicle to warn other road users or animals of your approach or the position of your vehicle.”  

The same goes for NSW but the law also adds that you should also “never use your horn to scare or intimidate other road users”.

And in Western Australia the rules state: “You must not use the horn or any other warning instrument on your vehicle, except in an emergency or to prevent injury to a person or property.”

Doesn’t get any clearer than that - so get your hand off it.

What’s it there for then? Well, the horn is going right back to the invention of the automobile. The horn is there not as a way for you to shout at other drivers, but to let them know your location. 

If you’ve ever driven in Europe or Asia you’ll have noticed that drivers honk when passing side streets to let those waiting to know they’re coming past - similar to ringing a bell on a bicycle. “Lookout, I’m coming through!” That’s what it’s really for.

Those are just a few of the everyday road rules we’ve been breaking without knowing. There are plenty more I mean do you even know how to use a round-a-about properly? My guess is you don’t, but that’s OK because nobody seems to. 

So, have we missed any road rules that you reckon get broken all the time? Or what are the things which really get to you when driving? Tailgating? Not indicating? Throwing rubbish out of the window? Let us know. The list is endless.

Laura Berry
Senior Journalist
Laura Berry is a best-selling Australian author and journalist who has been reviewing cars for almost 20 years.  Much more of a Hot Wheels girl than a Matchbox one, she grew up in a family that would spend every Friday night sitting on a hill at the Speedway watching Sprintcars slide in the mud. The best part of this was being given money to buy stickers. She loved stickers… which then turned into a love of tattoos. Out of boredom, she learnt to drive at 14 on her parents’ bush property in what can only be described as a heavily modified Toyota LandCruiser.   At the age of 17 she was told she couldn’t have a V8 Holden ute by her mother, which led to Laura and her father laying in the driveway for three months building a six-cylinder ute with more horsepower than a V8.   Since then she’s only ever owned V8s, with a Ford Falcon XW and a Holden Monaro CV8 part of her collection over the years.  Laura has authored two books and worked as a journalist writing about science, cars, music, TV, cars, art, food, cars, finance, architecture, theatre, cars, film and cars. But, mainly cars.   A wife and parent, her current daily driver is a chopped 1951 Ford Tudor with a V8.
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