Transport QLD, NSW, VIC: The common and infuriating road act that could cost you thousands


A common driving act that many motorists find infuriating is actually breaking a little-known road rule.

Few drivers know that speeding up while someone is overtaking you is a fineable offence across Australia, and if you’re caught in the act you, could be slapped with an on-the-spot fine of up to $370 – or lose $2,875 in court depending on where you are.

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Increasing your speed if a car is attempting to overtake your vehicle is often just seen as petty, but it’s also illegal.

In NSW, those caught in the act face a $362 fine and the loss of three demerit points under Road Rule 145.

A driver who is being overtaken must not increase their vehicle’s speed until the driver who has overtaken them has passed them, has returned to the marked lane or line of traffic where they are driving, and is at a sufficient distance to avoid a collision, according to Transport for NSW.

In Victoria, an on-the-spot fine for the offence will cost drivers $370 and two demerit points. The maximum court penalty for this offence in the state is $1,849, according to VicRoads.

In South Australia, it will cost offenders $278 an on-the spot fine, according to SA Legislation.

In Queensland, the maximum court penalty is 20 units, which equates to $2,875, though it’s unclear what an on-the-spot fine in the state will set you back. has contacted QLD Police for comment.

Increasing your speed while another car is attempting to overtake your car is a fineable offence across Australia. Credit: gehringj/Getty Images/iStockphoto

In Western Australia, the infringement will cost drivers $200 and two demerit points, according to WA Police.

“A driver must not drive a vehicle in the road in such a manner as to prevent another vehicle from overtaking or passing (them),” according to section 125 (1) of the Road Traffic Code.

In Tasmania, motorists caught in the act are slapped with a $173 fine and will lose one demerit point, according to Service Tasmania.

The infuriating driving behaviour is also an offence in the Northern Territory, however no specific infringement notice exists in the state.

An NT Police spokesperson told that if you are caught by an officer committing the offence, drivers can instead be issued a summons or a court notice, putting the fate of the driver in a judge’s hands.

It’s not just traffic police that deem the behaviour unacceptable, road users voicing their concerns online seem to be unanimously infuriated by the act.

“There’s a special place in hell for the people who speed up, while I’m overtaking them,” one person wrote on Twitter.

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“Don’t get people who drive dead slow then speed up as soon as they notice you overtaking, I’m not trying to race you, mate. This isn’t The Fast and the Furious, the Rock’s not about to dive onto the bonnet and jump on ya while I’m alongside,” another tweeted.

“Is there a name for that thing people do when they speed up while you’re overtaking them, or should we just stick with a****ole?” another tweeted.

“Doesn’t everyone do this at some point?” argued another.

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