Is it illegal to drive nude in Australia?

Unfortunately, ‘can I drive naked?’ is now a commonly-asked question on Google. Yikes. Interestingly, the answer can depend on the circumstances.

No, don’t refresh your browser. Unfortunately, it’s come to this. People are legitimately questioning whether they are allowed to get behind the wheel while topless, pants-less or generally unclothed.

I mean, we know it gets hot in Australia over summer, but surely that’s why air conditioning was invented?

While we’re all for people getting comfortable in the privacy of their own homes, does a car constitute private property? And is stripping off while driving more than just frowned-upon, but a fineable offence?

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Yes and no – and the answer is all about context. Generally speaking, being naked in your car isn’t strictly illegal, but it can land you in hot water the second someone else sees you.

No Australian state has a road rule specifically prohibiting driving while nude, but all states have laws pertaining to public indecency, so definitely do not cruise up to the McDonald’s drive-through in the buff.

Here are the specifics of what we learned about the associated rules in each state…

Is it illegal to drive nude in Queensland?

“While not a road rule, driving naked is considered within the scope of wilful exposure offences. It is illegal for a person to expose their genitals in a way that can be seen from a public place. Penalties differ based on a range of circumstances,” a Queensland Transport and Main Roads spokesperson told Drive.

Is it illegal to drive nude in New South Wales?

As in the other states, there is no specific NSW road rule or provision in NSW traffic legislation and regulations about driving while naked. However, drivers who drive while naked may be committing offences under other laws that apply to people using public places in NSW. NSW Police enforce the road rules and penalties would be at their discretion.

Is it illegal to drive nude in Victoria?

While driving naked is not specifically prohibited within Victoria’s Road Rules, other criminal laws may apply. Depending on the circumstances, people driving naked in Victoria could be charged with indecent exposure.

Is it illegal to drive nude in the ACT?

“While it is not specifically illegal to drive naked, an individual doing so could be charged with public indecency. We also encourage drivers to wear appropriate footwear while driving,” a spokesperson for ACT Policing told Drive.

Is it illegal to drive nude in Tasmania?

“It is not illegal to drive naked [in Tasmania], but it is illegal to be naked in a public place. If someone is naked in their car and drawing attention to themselves, it may be deemed an offence under the Police Offences Act 1935,” a spokesperson for Tasmania’s Department of Police, Fire and Emergency Management told Drive.

Is it illegal to drive nude in Western Australia?

“This would depend on the explanation and provided by the person and circumstance. Various offences may be applicable,” a spokesperson for WA Police told Drive.

Is it illegal to drive nude in South Australia?

Much like the other Australian states, there are no specific rules against driving while nude in South Australia, but there are penalties for indecent behaviour, which includes exposing oneself in a public place. The maximum penalty for this behaviour in South Australia is a $1250 fine or three months imprisonment.

Is it illegal to drive nude in the Northern Territory?

As in all aforementioned states and territories, the Northern Territory road rules don’t expressly prohibit driving nude, but there are laws against indecent exposure that state: “Any person who offends against decency by the exposure of his person in any street or public place, or in the view thereof, shall be guilty of an offence.” The associated penalty is a $2000 fine or imprisonment for 6 months, or both.

The post Is it illegal to drive nude in Australia? appeared first on Drive.

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