There are many reasons why your car is smoking, it could be due to excessive oil burning, a broken or faulty turbocharger, a broken diesel particulate filter, a broken valve, a transmission fluid leak… or it could also be so are you. Brake hard and your rotors or pads are on fire.
- Australia has regulations on smoky cars
- A car can be considered smoking for any number of reasons – including a fire
- Fines and points may be deducted
God forbid any other part of the car burns out, but that could also be a reason – faulty wiring could be smoking, for example.
However, regardless of the cause of the smoke, you could be in more trouble than just your mechanic. There are fines and penalties in place across Australia for driving a vehicle that emits unnecessary fumes.
Exhausted? You then. Those things emit unnecessary smoke. And for those who are passionate about “coal rolling” – first, you are a stranger, second, you could get in trouble if you try that in Australia.
Australian Road Rules, regulation 291 “causing unnecessary noise or smoke”, is a reference point for various authorities across the country. It states: “A person shall not start a vehicle or drive a vehicle in a manner that causes unnecessary noise or fumes.”
Furthermore: “For example – Causing the driver’s wheels to lose traction and spin on the road surface may cause unnecessary noise or fumes. Note — Other laws of this jurisdiction also address vehicles and equipment that produce noise or fumes.”
There are other rules regarding exhaustion, speeding and careless driving which we will not cover in detail here unless it is in accordance with those rules, but here is a summary of them. what you can expect to pay across the country if you have a car full of smoke.
New South Wales: In NSW, general driving offences, rule 291, states: “Starting/driving a vehicle causing unnecessary noise/fumes” is an offense punishable by a $349 fine, with additional deductions. 3 driving license points.
Victoria: According to Traffic Lawyers Dribbin & Brown, the state is also subject to regulation 291 of the Australian Road Rules, and an offense carries two penalty units ($384.62 fine).
However, what’s more, Victorians can report cars and vehicles with smoke to the Environmental Protection Agency, as long as the vehicle weighs less than 4.5 tonnes and emits smoke for 10 seconds or more. You will need the details, rego, color, date, time and location of the smoke condition.
Queensland: This state is pretty tough on smoky cars. The offense in that jurisdiction is: “Intentionally starting or driving a vehicle in a manner that causes unnecessary noise or smoke,” according to the Queensland Road Rules—Section 291(1)(b). Possible fine of $495 and 2 demerit points on driver’s license.
Northern Territory: NT is very strict and therefore has a number of different regulations.
The first is the road rule mentioned in the same way as other jurisdictions: “Driving in a disorderly manner or causing excessive noise or fumes”. That attracts a $60 fine.
But regulation 37A, Burning [burnouts], clause (1) states: “A person must not operate a motor vehicle on a road or public place in a manner that causes tires or substances to be spilled on the surface of the road or place, or both the tire and the surface, to be affected. smoke when the drive wheel loses its grip on the surface. Penalty: 5 penalty units.” That equates to $880.
Additionally, if you are caught creating unnecessary smoke because you are found to be “Participating in an event on a road or public place contrary to regulation 37A(1)”, you could be fined an additional $220. And if you are determined to be “Driving a vehicle causing smoke contrary to regulations 37A(1)”, you will be fined an additional 220 USD.
South Australia: There are no demerit points applicable in SA, but if your vehicle is found to be “causing unnecessary noise/fumes” you could face a $241 fine plus $99 Crime Victims Tax violation, meaning the total amount payable is $340.
Western Australia: In WA, the rules are worded slightly differently. According to the Road Traffic Code 2000 – Reg 255, Generation of excessive noise: “A person must not drive in a manner that produces or causes any excessive or excessive noise or fumes.”
This seems to be more about the exhaustion mindset than anything else, and the law gives the following example: “Causing the driver’s wheels to lose traction and spin on the road surface could create a noise. unnecessary noise or smoke”.
If caught doing that, you could be fined $100.
ACT: In the country’s capital, the same general rule applies: “Starting/driving causes unnecessary noise/fumes” – $257 fine.
Tasmania: In Tassie, the wording is similar to other parts of the country: “Starting the vehicle or driving causes unnecessary noise/fumes” – fine $146.25.
Not intended as legal advice. Check with the relevant roads authority in your state or territory.
