Driving act that could cost you $3k

The temptation to strip off while driving could be seen as a quick way to beat the heat, however it could land you with a $3200 fine, depending on where you live.

Although no specific rules apply for driving topless – or what clothing you can or cannot, wear while behind the wheel – potential troubles can arise due to laws against indecent exposure, or being a public nuisance.

In NSW, an offending driver could be charged with obscene exposure under the Summary Offences Act 1988, which states a “person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person”.

If convicted, the crime carries a maximum penalty of $1100 (10 penalty units) or a six-month jail sentence.

A NSW traffic and highway patrol with nearly 30 years experience said that while it was an offence, he’s never personally, or heard of someone fining or charging a driver for the act.

“It is an offence in NSW, it’s offensive conduct or offensive exposure but whether it would be enforced or not, is another question,” he said.

“Driving around in a school zone it might be looked at a little differently.”

He added that in general there is no specific offence against driving without a shirt, or an article of clothing.

“It’s like the old rumour that you can’t drive with thongs on – you can drive barefoot if you wanted to – there’s no clothing item you have to wear,” he said.

A similar rule is in place in the ACT. The acting of driving topless could carry a charge of indecent exposure under Section 393 of the Crimes Act 1900 if it is found to be offending “against decency by the exposure of his or her person in a public place, or in any place within the view of a person who is in a public place”.

The ACT carries the biggest maximum penalty of a $3200 fine, a year-long jail sentence or both.

In Victoria, a charge of sexual exposure carries a maximum penalty of two years, while in the Northern Territory drivers can be liable for a $2000 fine, six month imprisonment, or both.

For Queensland drivers, a female driver exposing her breast could result in a charge of public nuisance – offensive behaviour under section 6(1)(b) of the Summary Offences Act, with a maximum penalty of six months imprisonment or $1548 fine (10 penalty points).

Police can also issue a $464 infringement notice, or the offender can be sent to court.

The Police Offences Act 1935 in Tasmania also clearly states someone should not “wilfully and obscenely expose his person in any public place or in the view of persons”. A maximum of (10 penalty points) or 12 month jail time may apply.

10 penalty units or to imprisonment for a term not exceeding 12 months.

In South Australia the act can be a crime under Section 23 of the Summary Offences Act 1953, for being an act of indecent behaviour or gross indecency done in a public place.

This carries a maximum penalty of three months imprisonment, or a $1250 fine. Wilfully committing a grossly indecent act can carry a greater penalty of a $2500 fine (20 penalty points), or six months imprisonment.

A spokesperson for WA Police said various offences may be applicable under laws surrounding offensive behaviour and disorderly conduct in a public place.

“This would depend on the explanation and circumstances provided by the person at the time,” they said.