There are many reasons for your vehicle to be emitting smoke, be it excessive oil burning, a failed or defective turbocharger, a faulty diesel particulate filter, a valve failure, a transmission oil leak… or it could just be that you were too hard on the Hit the brakes and your brake discs or pads are on fire.
- Australia has rules about smoking cars
- A car can be considered smoky for many reasons – including burnouts
- Fines and demerit points may apply
God forbid other parts of the car burn, but that could also be a reason – faulty wiring could be smoking, for example.
No matter what the cause of the smoke is, you could be in trouble for more than just your mechanic. Across Australia there are fines and penalties for driving a vehicle that emits smoke unnecessarily.
Burnouts? Yes. These emit unnecessary smoke. And for the Rolling Coal enthusiasts: firstly you’re weird, secondly you might get in trouble if you try this in Australia.
Australian Highway Code Reg. 291 ““causing unnecessary noise or smoke” is the reference point for the various administrations across the country. It states: “A person shall not start or drive a vehicle in such a way as to produce unnecessary noise or smoke.”
Further: “Example: If the wheels of the driver’s vehicle lose traction and spin on the road surface, this may result in unnecessary noise or smoke. Note – Other laws in this jurisdiction also address vehicles and equipment that produce noise or smoke.”
There are additional rules surrounding burnout, hooning and careless driving that we won’t go into here unless relevant to the rules. However, here’s a rundown of what having a smoke-filled car could cost you across the country.
New South Wales: In NSW, General Traffic Offenses Rule 291 states: “Starting/driving a vehicle causing unnecessary noise/smoke” is an offense punishable by a fine of $349 and 3 penalty points.
Victoria: According to Dribbin & Brown Traffic Lawyers, the state also follows Rule 291 of the Australian Highway Code and the offense is punishable by two penalty units (a fine of $384.62).
However, in addition, Victorians can report smoking cars and vehicles to the Environmental Protection Agency as long as the vehicle weighs less than 4.5 tonnes and emits smoke for at least 10 seconds. You will need the details, reggo, color, date, time and location where the smoking situation occurred.
Queensland: The state is cracking down pretty hard on smoke-filled cars. The offense in this jurisdiction is: “Intentionally starting or driving a vehicle in a manner that produces unnecessary noise or smoke” under the Queensland Road Rules – Section 291(1)(b). A fine of $495 plus 2 demerit points may be imposed.
Northern Territory: The NT is tough on hoons and for this reason there are some different regulations.
The first is the same road code as the other jurisdictions: “Driving in a disorderly manner or causing excessive noise or smoke.” This will result in a $60 fine.
But regulation 37A, burnouts [burnouts]Paragraph (1) states: “A person shall not drive a motor vehicle on a road or public place in such a way as to cause damage to the tires or any substance spilled on the surface of the road or place, or to both the tires and the surface .” Smoke occurs when the drive wheels lose traction. Penalty: 5 penalty units.” This equals $880.
Additionally, you can be fined an additional $220 if you are found to be smoking unnecessarily because you “attend an event on the street or in a public place that contravenes regulation 37A(1).” And if you are found to be “operating a vehicle producing smoke in contravention of regulation 37A(1)”, that’s an additional $220.
South Australia: There are no penalty points in South Africa, but if your vehicle is found to be making “unnecessary noise/smoke” you could face a fine of $241 plus a crime victim surcharge of $99, which is a Total payment equals $340.
Western Australia: In WA the rule is worded slightly differently. According to the Highway Code 2000 – Reg 255, producing excessive noise: “A person must not drive a vehicle in such a way as to create or cause excessive or excessive noise or smoke.”
This seems to be geared more towards the burnout mindset than anything else, and the legislation gives one such example: “If the wheels of the driver’s vehicle lose traction and spin on the road surface, this may result in unnecessary noise or smoke. “
If you notice this, you could face a $100 fine.
ACT: In the nation’s capital, the same general rule applies: “Start/drive vehicle creating unnecessary noise/smoke” – $257 fine.
Tasmania: In Tassie the wording is similar to other parts of the country: “Starting or driving vehicle causing unnecessary noise/smoke” – $146.25 fine.
Not intended as legal advice. Check with the relevant highway authority in your state or territory.