Demerit points warning issued to Australian motorists

A Perth woman has taken to social media to highlight a common practice on Australian roads that could see drivers being fined.

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

“Did you know you can get a $100 fine and deduct one demerit point for having one of those in your car,” she said, holding up an air freshener designed to hang from the rearview mirror.

“I had a random breath test done this morning on the way to an event and the police officer told me that when I get home I need to remove this pendant from my car to avoid the $100 fine and demerit point.

‘Don’t everyone have one of these hanging on their car? Where should it go?’

Many commenters on the clip seemed unaware of the little-known line, although some said they had heard it before.

‘What? Can’t I make my car smell nice in peace?’ someone asked.

“You can have them in your car but not on the rear view mirror because if you get into an accident they might say it’s a distraction and an obstruction to vision,” said another.

‘In Australia it was always the rule that you couldn’t hang things on a rear-view mirror. But they rarely fine you,” a fourth commenter added.

“Is it specific to the state, and not Australia-wide?” asked another.

One commenter pointed out that there are air fresheners that can be clipped onto a car’s vents, which led to a follow-up video of Ms. McEvoy switching hairs.

So what are the rules?

Authorities say it’s not technically illegal to have something hanging from your rearview mirror, but if an object is believed to obstruct or distract the driver’s view, it could warrant a fine.

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

In Victoria the rules are the same and although the fine is slightly lower ($288), there can be a court penalty of up to $962 if the obstruction is considered a major problem.

Fines vary between states, with WA having one of the smallest penalties, but an obstructed view of the road is a fineable offense across Australia (stock image)

Queensland’s Department of Main Roads said an on-the-spot fine of $361 could be imposed on drivers caught with an obstructed view of the road.

In Western Australia, where Ms McEvoy was driving, there is a $100 fine, along with a demerit point under the Road Traffic Act 2000.

The code states that ‘a driver shall not operate a vehicle unless he or she has a full and uninterrupted view of the road and traffic in front of him and on each side of him and her’.

In South Africa, a fine of $215 applies for an obstructed view, and in Tasmania the fine is $195.

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

And under the ACT, officers can issue fines for any breach of driver impairment or distraction laws. These can vary and the maximum amount that can be issued is a fine of $3,200.