NRMA Legal Advice

NRMA's Legal Advice service has closed. Below are answers to Frequently asked questions, which may be of some assistance. You can also call Technical Advice on 1300 655 443 (Monday-Friday 9.00am - 5.00pm) and they may be able to assit you.

Q & A's on traffic laws

1. Q:	I have been told that before I can let a friend drive my car, I have to check his or her driver licence. Is this true?
A:	Yes - the regulation makes it compulsory for you to check in order to confirm that the driver holds a driver's licence.
2. Q:	Can I be fined if I overtake a slow moving funeral cortege?
A:	You can be fined if while overtaking you interfere with, or disrupt the free passage of the cortege.
3. Q:	Is it in order to offer my 3 year car for sale without first obtaining a pink slip?
A:	You must have the car inspected, and you must make the report available for inspection by an interested buyer. If the car is sold the report must be given to the buyer, and it must be issued within the last month at the time it is shown.
4. Q:	I often hear my mates talk about "burnouts". What does it really mean and can the police take the vehicle away for doing a burnout?
A:	Burnout can mean a car driven in such a way as to cause sustained loss of traction by one or more of its wheels, or where the driver deliberately drives over fuel, oil or inflammable liquid that is placed under one or more of the wheels. The police can seize and impound a car for doing a burnout.
5. Q:	Is there a traffic rule which requires me to drive at a certain distance from the car in front?
A:	There is no such rule, but you are required to drive at a sufficient distance behind the car in front so that if necessary you are able to stop safely to avoid colliding with the car in front.
6. Q:	Can my 6 year old son ride pillion on my motorcycle if he is wearing a safety helmet, has proper protective clothing and is able to hang onto me?
A:	You cannot have a pillion passenger ride with you, and this includes your son, if the passenger is not able to keep both feet on the footrests which are attached to the motorcycle for use by the passenger.
7. Q:	If my vehicle is stationary must I stop the engine?
A:	So far as it necessary for the prevention of noise, the driver of a motor vehicle on a road must, whenever the vehicle is stationary stop its engine. This does not apply to an enforced stoppage owing to the necessities of traffic, or so as to prevent examination of any machinery of a motor vehicle if examination is necessary by any failure or derangement of the machinery. Fine: $128.
8 Q:	Do I have to give way if my car is travelling in a lane which merges into a lane that I am driving into?
A:	The driver in a line of traffic that is merging with one or more lines of traffic travelling in the same direction as the driver must give way to a vehicle in another line of traffic if any part of the vehicle is ahead of the driver's vehicle. Fine: $231.
9 Q:	I often see drivers pull out from the kerb without any warning or indication to other cars on the road. Is this legal?
A:	If a driver is about to change direction from a stationary position, such as driving away from a parking position at the side of the road or in a median strip parking area, the driver must give the change of direction signal at least 5 seconds before the driver changes direction. Fine: $179.
10.Q:	Does a driver who is involved in a collision where the damage is minor, and no person is hurt or killed, and where the vehicles involved can be driven away required to report the accident to the police?
A:	In the circumstances the accident has to be reported to a police officer and if the officer asks for the required particulars, you must give the names and addresses of the drivers involved, the registration number of the vehicles, and the name and address of the owner if the driver is not the owner, and any other information necessary to identify the vehicle/s. Any information required by the police officer about the accident includes an explanation of the circumstances of the accident. The required time to report such an accident is as soon as possible but, in exceptional circumstances within 24 hours of the accident. Fine: $231.
11. Q:	I am not sure what the rules are about stopping at an intersection?
A:	A driver must not stop at an intersection. If there are traffic lights at the intersection, the driver must not stop on a road within 20 metres from the nearest point of an intersecting road, unless the driver stops as a place on a length of road, or in an area, to which there is a parking sign permitting the driver to stop at that place. If there are no traffic lights at the intersection, the driver must not stop within 10 metres from the nearest point of an intersecting road. Parking is permitted if the driver stops at a place on a length of road, or in an area if there is a parking sign permitting the driver to stop at that place. Fine: $179.
12. Q:	Is the RTA obliged to send me a notice of renewal for my car registration and driver licence, and if I do not receive such a notice what should I do?
A:	The RTA is not obliged to send out these notices. Should you not receive such a notice, you must take all necessary action to ensure that the registration of the vehicle or the licence has been renewed before the expiry date.
13. Q:	I sold my car recently and signed the transfer on the certificate which I gave to the purchaser. Is this all I am required to do?
A:	You must also immediately after selling the vehicle notify the RTA of the name and address of the person who has acquired the vehicle, the date of disposal, and the registration number of the vehicle.
14. Q:	Is it compulsory to stop the engine of my car if it is stationary?
A:	The driver of a car on a road must, whenever it is stationary stop its engine only so far as may be necessary for the prevention of noise. However, this does not apply to an enforced stoppage owing to the necessities of traffic, or so as to prevent the examination of any machinery of the car if the examination is necessary by a failure of the machinery.
15. Q:	I sometimes see drivers making a U-turn even though there is approaching traffic. Does the approaching traffic have to stop and give way?
A:	A driver must not begin a U-turn unless the driver has a clear view of approaching traffic, and can safely make the U-turn without unreasonably obstructing the free movement of traffic, and the driver must give way to all vehicles and pedestrians.
16. Q:	I am an aged pensioner with an invalid and aged wife who is unable to walk for any distance. I am required to drive her to a hospital in the St. George district to see her specialist, but there is no place close by where I can stop to assist her out of the car and into the hospital. The closest is where a ?No Stopping? sign is located, and I stopped for just a minute or so to help her out, and received a fine which I can ill afford. Is there any exemption to stopping where there is such a sign?
A:	There is no exemption provided, because the rule states that a driver cannot stop on a length of road or in an area where there is a no stopping sign.
17. Q:	I have a friend from China who is coming to NSW on holidays. Does he need to apply for a licence to drive in this State?
A:	If your friend is a visiting driver who holds a current foreign driver licence and international driving permit, or a current foreign driver licence that is written in English, or is accompanied by an English translation that authorises him to drive a motor vehicle of a particular kind, he may drive a motor vehicle of that kind in this State, and is exempt from the requirements of having to be licensed in NSW. A person ceases to be exempt from the licensing requirements of NSW, if an international visitor, and held a permanent-visa issued under the Migration Act of the Commonwealth for more than 3 months.

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Q & A's on traffic laws

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