Is it illegal to drive with my boot open?
Are you allowed to drive your car with your boot either partially or completely open? We ask the authorities in each state and territory of Australia.
We’ve all been there – a car park of IKEA or Bunnings, we mean, glancing back and forward between your car’s open boot and the small mountain of flat-pack boxes on a nearby trolley, wondering how it’s all going to fit.
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You try to squeeze it all in, but it’s no bueno – you are going to have to drive with the boot at least partly open, ideally somehow secured.
But is it allowed? In this article, we’ve spoken to police and road authorities in every state and territory to get the official lowdown.
Disclaimer: This article does not constitute legal advice and should be considered a general guide only. Individual circumstances may vary.
Is it illegal to drive with your boot open in NSW?
There’s no specific law against driving with your boot open in NSW, however a Transport for NSW spokesperson told Drive that all loads must be properly secured – or you may face a nasty fine. This includes if the load is placed on, or in, your car in a way that causes it to be unstable, or protrudes from the vehicle in a way that could injure a person. If your car’s load is not properly secured, you may face a fine of $481 and three demerit points.
Is it illegal to drive with your boot open in Victoria?
It is not illegal to drive with your boot open, however a spokesperson for the Victorian Department of Transport and Planning told Drive that the same road rules relating to restraining a load in a vehicle and driver visibility apply.
Section 285 of the Road Safety (Vehicles) Regulations 2021 prohibits a car carrying a load that is not properly secured or is placed in a way which causes the vehicle to be unstable. Or if the load protrudes or hangs from the car, it must be secured to prevent dislodging or falling.
Similarly, Road Rule 297 (2) stipulates that a driver must always have a clear view of the road and traffic ahead, behind and to each side. Failing to observe this would result in a penalty of $277 and a maximum of five court penalty units ($925).
Is it illegal to drive with your boot open in Queensland?
There is no specific rule against driving with a vehicle’s boot open in Queensland. However, a Queensland Transport and Main Roads spokesperson told Drive any load on, or in, a vehicle must be secured, including anything in the boot.
The fine for driving with an unsecured load is $309. Drivers are also responsible for picking up anything that
falls off or from their car, as soon as they can safely do so. The fine for failing to pick something up off a road is $258.
Is it illegal to drive with your boot open in the ACT?
“Police do not recommend doing so,” an ACT Road Policing spokesperson told Drive. “Offences include ‘cause hazard to person/vehicle (door open)’ which carries a fine of $213, and a similar fine applies to driving without a clear view. If, by driving with the boot open, a load becomes unsecured, the penalty is $632”.
Is it illegal to drive with your boot open in South Australia?
While there is no specific offence of ‘driving with an open boot’ in South Australia, an investigation into why the boot was open may be required, a Senior Constable with South Australia Police told Drive.
“For example if the boot was loaded with cargo and unable to be closed or made safe, this may be considered as driving with an insecure or overhanging load,” they said.
The Senior Constable added this offence is “very subjective and would be treated on a case-by-case basis, depending if it impacted any other road user and their safety”.
Is it illegal to drive with your boot open in Western Australia?
“It’s not strictly illegal, however, any load must be properly secured,” a spokesperson for Western Australia Police told Drive. “So having a large load, strapped down and the boot ajar, would be okay, as long as nothing falls out or is likely to fall out.”
Is it illegal to drive with your boot open in the Northern Territory?
“Driving with a boot open can be legal but only if the boot is secured while open,” a spokesperson for NT Police, Fire and Emergency Services told Drive.
Is it illegal to drive with your boot open in Tasmania?
“Yes, as long as when driving the vehicle, it complies with all vehicle standards and safety regulations and does not unduly restrict the driver’s view or present a danger to other road users including pedestrians,” an ACT Road Policing spokesperson told Drive. “It is also important to note that there is a difference between a ‘boot’ and the ‘tray’ of a vehicle or utility.”
Disclaimer: This article does not constitute legal advice and should be considered a general guide only. Individual circumstances may vary.
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