We’ve probably all been in a situation where you’re at your favorite hardware or flat pack store and you find something a little too long to fit in the boot.
- There is no nationwide regulation prohibiting driving with the trunk door open
- You must have a safe load
- You must be able to see outside the vehicle well enough to drive safely
If you have a roof rack, that will likely be a better choice to properly secure longer loads. But if you don’t and you’re wondering, “Is it illegal to drive without opening the trunk?”, you might be surprised by this law.
These rules may be stricter than you think, but the reason for the harshness of the penalties is that in years gone by, unsecured loads have caused accidents and even deaths in their tracks. ta. So, it’s best to take this matter seriously as the police will definitely do so.
The 2014 Australian Model Road Rules, regulation 292, include the topic “Unsafe or Excessive Loads” stating the following:
- A driver may not drive or tow a vehicle if the vehicle is carrying goods:
- (a) is not properly secured to the vehicle, or
- (b) is placed on the vehicle in a manner that makes the vehicle unstable, or
- (c) exit the vehicle in a manner likely to cause injury to a person, obstruct the path of another driver or pedestrian or damage the vehicle or anything else (for example, the road).
Interpretation of this rule varies between jurisdictions, and so do the potential penalties for getting it wrong.
There is also another model Road Rules that may apply, depending on location: regulation 269, (3), which states: “A person must not endanger any person or vehicle by opening the vehicle door, leave the car door open, or getting into or out of a vehicle.” That could be interpreted in a way that if your car’s trunk is left open, you could be fined hundreds of dollars, depending on the jurisdiction.
If the goods are unsecured and lying on the road, some localities require you to remove it from the road – in NSW, for example, you could be fined $481 and three penalty points if you lose it something on the vehicle and do not remove it from the roadway.
You may also want to consider the security of your vehicle’s trunk lid. If you’re driving a sedan, the trunk lid can easily bounce up and down during a collision, especially if it’s a gooseneck hinge type mechanism.
Hatchbacks, SUVs or wagons with gas struts or power opening systems are more likely to remain open, but be aware of the additional height of the vehicle when driving with the rear ‘door’ open. Most people try to secure the boot lid so that it is in the ‘down’ position, which is probably the safest course of action as long as your visibility is not impaired while doing so.
Some automakers include in their safety warning systems that driving with the trunk open can endanger occupants due to exhaust fumes. For example, Volvo has a specific warning: “Do not drive with the trunk lid open. Toxic exhaust gases can enter the vehicle through the cargo area.”
VicRoads has a pretty good set of instructions for securing cargo – although these apply to utility vehicles, vans and other vehicles:
- Bundle similar items together into a more stable unit.
- Use barriers when packing wooden panels; Anti-slip mats help prevent furniture from slipping, especially long items.
- The rope can be difficult to keep tight when loading your cargo. When available, use fabric straps as they can be more effective and simpler to use.
- Nets and tarpaulins can be used to hold lighter items.
- Loose building material panels can be restrained by fitting them tightly into trays, then securing them properly with tie-down straps.
- Make sure not to stack heavy objects on top of lighter objects.
- Most headboards and stands are not strong enough to withstand heavy loads.
- Use metal or heavy-duty plastic top corner protectors to protect cartons.
- Tall and narrow items such as stacks of smaller cartons often require more than one barrier.
- Fill gaps and spaces between stacks with other items and make sure they are contained as well.
“If you do not properly secure your belongings, you could be fined, even if your belongings are not loose,” VicRoads states.
Fines vary from $242 for minor violations, to huge court-imposed fines of more than $80,000 for professional freight movers who get it wrong. Most ‘regular’ bootloaders will be in the former potential good space.
However, be sure to secure your load to avoid any breach of the Road Safety (Vehicles) Regulations 2021 – REG 285, which stipulate that a vehicle carrying a load must meet the following:
- Goods must be fixed by means suitable to the means and nature of the goods;
- the goods must be placed and secured on the vehicle in a manner that prevents or is likely to prevent the goods or any part of the goods from—
(i) hanging or protruding from the vehicle; or
(ii) dislodged or fell from the vehicle;
- Do not place or fix a load on the vehicle, making it unstable
You must also ensure that you can see out of the vehicle effectively – you need to be able to see forward, to the sides and to the back of the vehicle, otherwise you could be fined.
In NSW, regulations mean you can be fined $481 and lose three points on your license for driving with a load that is not properly secured. Make sure your load is securely secured and does not compromise the safety of your car or other road users, and make sure you can maintain a clear view from the driver’s seat.
Fines and penalties vary depending on your location and jurisdiction.
Not intended as legal advice. Check with the relevant roads authority in your state or territory.
