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ARTICLE · 27 JANUARY 2024

When does overtaking become a traffic offence in New South Wales?

Offences, penalties and defences that may apply to risky overtaking on New South Wales roads.

AustraliaCriminal Law

Being stuck behind a slow-moving vehicle can be frustrating, especially if you are running late for work or a meeting, or have had a hard day and just want to get home.

But it's important to be aware that unsafe overtaking not only poses a risk to you and other road users, but can put you on the wrong side of the law by resulting in a traffic fine or even land you in court for a major traffic offence such as negligent driving or even reckless or dangerous driving.

Here's a rundown of the offences, penalties and defences that may apply to risky overtaking on New South Wales roads.

Overtake only when safe to do so

The overarching rule under the Road Rules 2014 (NSW) is that you must not attempt to overtake another vehicle unless it is safe to do so.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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