Driving barefoot or wearing flip-flops, flip-flops or sandals is common, especially in summer, but if you are stopped, can the police fine you?
The law against using mobile phones while driving in Australia is clear, but the rules around footwear are a little less known, as are the restrictions around eating, drinking, applying make-up or vaping while behind the wheel.
Below, Ny Breaking Australia looks at the rules you need to know in each state and territory.
Wearing thongs, flip flops, high heels or going barefoot while driving
It is not illegal to drive barefoot in all states and territories and some drivers even claim that this allows for better control as a driver can feel the pedals more accurately.
There are also no laws against driving with stilettos, work boots, thongs or flip-flops, but there is one major problem.
The police can fine a driver if he determines that he does not have proper control of his vehicle.
This is especially true if the driver was involved in a collision.
Barefoot driving is not illegal in any state or territory, but police have the power to fine a driver if they believe they are not in proper control of their car
Unsuitable footwear that can catch on the pedals, such as flip-flops, oversized heels or taking off shoes and leaving them where they can interfere with the pedals are just a few examples
Under Road Rule 297 (1), which applies in every state and territory, drivers are required to ‘maintain proper control of their vehicle while driving’.
So if your shoes or bare feet prevent you from properly controlling a vehicle, you could face a very serious fine.
In NSW the fine is $481 and three demerit points, but this rises sharply to $603 and four demerit points if the offense occurred in a school zone.
In Victoria, drivers face a $387 fine and three demerit points for the same offence.
In Queensland, the Department of Transport and Main Roads reminded people that eating or drinking while driving can also cause “serious” driver distraction.
“You could be fined $575 and three demerit points if you do not have proper control of your vehicle – or if you drive without due care or attention,” the department wrote on Facebook.
‘So make sure you don’t have one hand on the steering wheel or take your eyes off the road to eat. You best stop somewhere safe to enjoy that sandwich!’
The fine for the same offense is even higher in Western Australia, where drivers are forced to pay $600 if they commit the offence, resulting in a very expensive meal.
The same applies to motorcycles and scooters where only a helmet is required by law, although for safety reasons suitable footwear should always be worn.
Eating or drinking behind the wheel
Again, similar rules apply to people who snack while driving.
It’s not specifically illegal, cars have cup holders for a reason, but if police determine that this has affected a driver’s ability to control their vehicle, they can issue a fine.
For example, in 2018, a hungry teenage P-plater was fined $300 after she was pictured eating a bowl of cereal while driving on a Perth road.
A woman was fined in Perth in 2018 after she went viral eating cereal while driving on a busy Perth road
A photo of her taken by a 6PR radio listener showed the young woman appearing to show the car with her knees.
The ‘grain offender’ also received three penalty points.
Consuming alcohol while behind the wheel is a completely different matter and drunk driving laws apply.
Applying makeup or vaping
If a driver becomes distracted while driving or does not pay attention to the road and other cars around him, he can expect a hefty fine if he is spotted by the police.
Applying makeup in the mirror while in a moving car is also likely to result in a fine
Applying a dab of lipstick or puffing on vapor is unlikely to attract attention as long as the driver doesn’t take their eyes off the road.
But if you carefully apply eyeliner in the rearview mirror or unpack a vaporizer, they can end up in hot water, even if temporarily stopped in traffic or at traffic lights.
In short, while there are no rules that make this illegal, it is up to the discretion of the police department to determine whether a driver has proper control of their vehicle.