Can you get fined for driving too slow? NSW laws explained

Believe it or not, driving too slowly can land you a fine in New South Wales. At Morrisons, we are specialist criminal and traffic lawyers and outlined below is everything you need to know about the legal consequences of driving too far below the speed limit.

What is the definition of driving too slow?

There is no legal definition of what constitutes ‘driving too slow’. Instead, the law provides that a driver cannot ‘unreasonably obstruct the path of another driver or a pedestrian.’ Further, it provides that a driver does not unreasonably obstruct the path of another driver or a pedestrian because the driver is driving more slowly than the other vehicles (unless the driver is driving abnormally slow in the circumstances). An example of a driver driving ‘abnormally slowly’ is when a driver drives at a speed of 20km per hour where the speed limit is 80km per hour and there is no reason for doing so.

What are the legal rules for driving too slowly in NSW?

Driving unreasonably slow for the conditions can amount to a traffic offence in NSW.

Under Road Rule 125 of the NSW Road Rules (2014), a driver cannot unreasonably obstruct the path of another driver or a pedestrian“.

While drivers may be slower than other vehicles or stopped in traffic without violating this rule, they may be considered to be obstructing others if they drive abnormally slowly. For example, driving at 20 km/h on a road with an 80 km/h speed limit, without any valid reason, would constitute an unreasonable obstruction and the driver could face a fine of up to $2200. The offence carries a penalty notice of $320, however, does not incur demerit points.

What is the fine for going too slow?

The maximum penalties for driving too slowly vary between states. In NSW the maximum fine is $2200 and 3 demerit points. The table below shows the penalties between each state.

As shown in the table, fines vary across states, with some states imposing significantly higher fines.

What are the risks of driving too slowly?

Driving too slowly can pose several risks and is considered a traffic hazard. Not only can it cause traffic congestion, but it often results in frustration and confusion among other drivers. Some of the risks of driving too slowly include:

• Increased chance of accidents: Slow drivers may force others to speed up or take unnecessary risks to overtake.
• Road rage incidents: Other drivers may become frustrated, leading to aggression or poor decision-making on the road.
• Distracted driving: Drivers who are caught behind slow vehicles may lose focus, making it more likely they’ll make mistakes and contribute to accidents.

Ultimately, driving too slowly can be as dangerous as speeding when it creates an obstruction or forces other drivers to take actions they wouldn’t normally consider.

Exceptions to the rule – when can you drive very slowly?

We’re not saying you can’t slow down. In fact, slowing down is essential when road conditions aren’t ideal. For example:

• Rainy weather – wet roads require extra caution.
• Fog or strong winds – both make it harder to see and control your car.
• Driving at night – if it’s dark, driving slower is safer.
• Heavy traffic – sometimes you’ve just got to go with the flow.

However, if there’s no clear reason for driving significantly below the speed limit, you could be putting other drivers at risk, which could land you in trouble.

Slowing down because the roads are wet is safer then driving the maximum speed limit. However, driving 20km/h in a 50km/h because of light rain is likely to be ‘abnormally slow’ as per the road rule.

Tailgating is a traffic offence – even if the driver in front is driving slow

It’s easy to get frustrated behind a slow driver, but impatient drivers need to be aware that this is not a defence to tailgating them.

Under road rule 126, a driver must drive a sufficient distance behind a vehicle travelling in front of the driver so the driver can, if necessary, stop safely to avoid a collision with the vehicle.

This offence can attract a fine of $464, three demerits and carries a maximum penalty of fines up to $2200.

Safe Driving Practices

Safe driving is key to maintaining your safety and the safety of others on the road. To drive safely without causing harm:

• Always obey the speed limits.
• Adjust your speed according to weather and traffic conditions.
• Remember, driving too slowly can be just as obstructive as speeding.
• Maintain a safe distance from other vehicles, even if they’re driving slowly.

Practicing these safe driving habits will not only help you avoid penalties but also help you become a more responsible and effective driver on the roads.

Need advice about a traffic offence?

If you’ve received a traffic violation or have concerns about the consequences of driving too slowly, it’s always a good idea to contact an experienced traffic lawyer. At Morrisons, we can help you navigate the complexities of traffic law and ensure you understand your options. Contact us today for professional advice.