Explainer

The everyday driving act that could cost people more than $400

The next time you feel angry while driving and feel the need to blow the car horn unnecessarily, keep some cash aside in case you're issued a fine.

Two long rows of cars gridlocked in traffic on a busy metropolitan street.

Using your vehicle's horn out of anger or frustration could land you in trouble with the law across Australia. Source: Getty / BeyondImages/iStockphoto

Australia has clear rules about when a car horn can and cannot be used.

Unnecessarily beeping one's car horn is considered a traffic offence, for which drivers can cop a fine ranging from $50 to more than $400, depending on where you live.

In addition, failure to pay an outstanding fine can also lead to additional penalties.
Across all states and territories, the proper, legal use of a vehicle's horn is defined in their road rules legislation, and drivers are advised to use their horns courteously.

When can I use a vehicle's horn?

All state and territory legislation advise using the horn or any other warning device only:
  • to warn other road users about the position of your vehicle
  • to warn others that you are approaching
  • to warn animals to get off the road
  • if it's part of an anti-theft or alcohol interlock device

When can I not use the horn?

The use of a horn or similar warning device is considered unnecessary if:
  • it is used to scare or intimidate other road users, particularly bicycle riders, pedestrians and horseriders
  • done repeatedly out of frustration or inconvenience as it can be distracting and distressing to other drivers, and
  • to greet, thank or see off people on the road or roadside

What are the penalties for the misuse of a horn?

In NSW, offenders can be fined $410 - the highest penalty for this offence across Australia.

An additional penalty is levied in extreme cases such as when the offender doesn't pay outstanding fines, and has to be produced in court.
In such cases, a maximum of 20 penalty units can also be levied, each at $110.

In the 2023-2024 financial year, 93 infringement notices were issued for the improper use of a vehicle's horn in the state.
Chart shows the current amount of fines across Australia's states and territories for misusing a motor vehicle's horn
Victoria: Drivers face a fine of one penalty unit, valued at $197.59, according to Victoria's Indexation of Fees and Penalties.

Victoria Police usually don't issue infringement notices for this offence.

ACT: Drivers face a $272 fine, and potentially up to 20 penalty units.

Each penalty unit is currently $160, according to the ACT Legislation Register.

In the last financial year, two traffic infringement notices and two cautions were issued to offending drivers.

South Australia: A $323 fine applies.

In South Australia, this fine has two components: an expiation fee of $221 and an adult levy of $102.

In the last financial year, 56 notices were issued in the state for this offence.

Queensland: A fine of $96 applies.

A maximum of 20 penalty units can also be levied, each at $161.30.

In the 2023-2024 financial year, 32 infringement notices were issued for the misuse of horns in the state.

Tasmania: A fine of $146.25 can be levied for misuse of a car horn, which is 0.75 parts of a penalty unit.

A penalty unit in the state is at $202.

Western Australia: A maximum of one penalty unit, currently valued at $50 is what a driver can face — the lowest fine in Australia.

No infringement notices were issued in the state in the last financial year for the offence.

Northern Territory: A $200 fine applies.

Up to 20 penalty units can be levied, each valued at $185 as per the Department of Attorney-General and Justice.
Australian cash notes on top of an infringement notice document.
Unnecessarily beeping one's car horn could result in a fine from $50 to more than $400, depending on where you are. Source: Getty / tap10

Can I drive without a horn?

While the improper use of a horn is a punishable offence, it's also illegal to drive without a horn fitted into your vehicle. A working horn makes a vehicle roadworthy.

Across all states and territories, the rule is that all motor vehicles must be fitted with one or more devices that can give a sufficient audible warning to other road users of the approach or position of the vehicle.

The device shouldn’t make a sound like a siren, bell, exhaust whistle, compression whistle or repeater horn.

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4 min read
Published 18 August 2024 5:11pm
Updated 19 August 2024 2:27pm
By Ruchika Talwar
Source: SBS News



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