We’ve all done it. Admit it. You’ve been sitting in a traffic queue, the light has gone green, and the joker a few cars ahead hasn’t got straight on the gas to get through the intersection.
- Beeping your horn inappropriately can see you fined
- Horns are designed as a warning device
- Your car’s horn must be operational in order for it to be classified as roadworthy
So what do you do? You honk your horn. Just like everyone else.
But did you know you could be putting yourself in line for a huge fine by doing so?
It is illegal to beep your horn unless it is necessary, and while that might be open to interpretation, the laws across Australia all largely reflect the same notion: don’t honk unless it’s vital to do so.
If you’ve been to a country like India, you’ll know that horns are constant – the rules of the road can often be open to interpretation, much like lane discipline, and as such, drivers use their horns to help others on the road understand their surroundings. If you beep, everyone around you will know where you are.
That’s not the way you should act in Australia, though, but the laws are worded as such that the “position” of your vehicle can be a reasonable excuse to honk. For instance, if a car is rolling backwards towards your car, and you want to warn that driver that they might hit you if they don’t hit the brakes first.
First, you should know that it is a legal requirement for all registered vehicles to have a horn, which is designed to act as a warning device.
A motor vehicle must be fitted with at least one horn or other device that can give sufficient audible warning to other road users of the approach or position of the vehicle. Australian Vehicle Standards Rules – Reg 34 – states:
“A motor vehicle must be fitted with at least one horn or other device that can give sufficient audible warning to other road users of the approach or position of the vehicle; A motor vehicle must not be fitted with a device that can make a sound like the sound of a siren, bell, exhaust whistle, compression whistle or repeater horn.”
Let’s take a look at the wording around horn use:.
New South Wales
In NSW, the wording states:
“You must not use your horn or any other warning device, unless: you need to warn other road users about the position of your vehicle; you need to warn others that you are approaching; you need to warn animals to get off the road; it’s part of an anti-theft or alcohol interlock device. Never use your horn to scare or intimidate other road users, particularly bicycle riders, pedestrians and horse riders.”
Seems fairly straightforward. Do the wrong thing, and you could be fined $349 on the spot, or more than $2000 if you take it to court and are found guilty.
Victoria
The rule is similar in Victoria:
“A driver must not use, or allow to be used, a horn, or similar warning device, fitted to or in the driver’s vehicle unless: (a) it is necessary to use the horn, or warning device, to warn other road users or animals of the approach or position of the vehicle; or (b) the horn, or warning device, is being used as part of an anti-theft device, or an alcohol interlock fitted to the vehicle.”
Penalty: 1 penalty unit – or $184.92.
Queensland
In QLD, the legislation states that
“A driver must not use, or allow to be used, a horn, or similar warning device, fitted to or in the driver’s vehicle unless (a) it is necessary to use the horn, or warning device, to warn other road users or animals of the approach or position of the vehicle; or (b) the horn, or warning device, is being used as part of an anti-theft device, or an alcohol ignition interlock, fitted to the vehicle.”
Rule makers could impose a maximum penalty of 20 units, or $2875 – but that’s if you take it to court.
South Australia:
“You must sound your warning device only to warn others of danger. You must not use your warning device to create unnecessary or offensive noise. Musical warning devices are not permitted.”
It doesn’t appear there is any fine applicable.
Western Australia
The Road Traffic Code 2000 (WA), states that you can only use a horn or other warning device in similar situations as the other states – to alert other road users or animals, though they may be permissible as part of an alarm system or alcohol interlock device.
Incorrect use of a car horn may attract a $50 fine.
Northern Territory
The NT doesn’t appear to have a specific rule around horn use, but if you are found to be using the vehicle’s warning system inappropriately there may be grounds for a General Penalty, which could attract a fine up to $3240 (or up to six months in prison!) if taken to court.
Australian Capital Territory
The ACT has very similar guidelines as the other jurisdictions:
“A driver must not use, or allow to be used, a horn, or similar warning device, fitted to or in the driver’s vehicle unless: (a) it is necessary to use the horn, or warning device, to warn other road users or animals of the approach or position of the vehicle; or (b) the horn, or warning device, is being used as part of an anti-theft device, or an alcohol interlock device, fitted to the vehicle.”
The maximum penalty is 20 units – or a HUGE $5500 – but that’s if you elect to go to court and lose. An on the spot fine of a few hundred is the alternative.
Tasmania
In TAS, the wording makes it seem like it’s the driver’s responsibility to ensure other occupants don’t honk on your behalf, with the wording: “Use/allow use of a horn (or similar warning device) unnecessarily” attracting a possible $136 fine.
Not intended as legal advice. Check with the relevant roads authority in your state or territory.
