Division 3Overtaking#

140No overtaking unless safe to do so#

A driver must not overtake a vehicle unless—

(a)the driver has a clear view of any approaching traffic; and
(b)the driver can safely overtake the vehicle.

Maximum penalty—20 penalty units.

141No overtaking etc. to the left of a vehicle#

(1)A driver (except the rider of a bicycle or a personal mobility device) must not overtake a vehicle to the left of the vehicle unless—
(a)the driver is driving on a multi-lane road and the vehicle can be safely overtaken in a marked lane to the left of the vehicle; or
(b)the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal and it is safe to overtake to the left of the vehicle; or
(c)the vehicle is stationary and can be safely overtaken to the left of the vehicle; or
(d)the driver is lane filtering in compliance with section 151A or edge filtering in compliance with section 151B.

Maximum penalty—20 penalty units.

(1A)Without limiting subsection (1)(c), it is not safe to overtake to the left of a stationary vehicle if it is reasonably likely the driver's vehicle could strike a pedestrian, or a rider of a bicycle or a personal mobility device, who is on or about to enter the road.
(2)The rider of a bicycle or a personal mobility device must not ride past, or overtake, to the left of a vehicle that is turning left and is giving a left change of direction signal.

Maximum penalty—20 penalty units.

(3)In this section—

turning right: turning right does not include making a hook turn.
vehicle: vehicle does not include a tram, a bus travelling along tram tracks, or any vehicle displaying a do not overtake turning vehicle sign.

142No overtaking to the right of a vehicle turning right etc.#

(1)A driver must not overtake to the right of a vehicle if the vehicle is—
(a)turning right or making a U-turn from the centre of the road; and
(b)giving a right change of direction signal.

Maximum penalty—20 penalty units.

(2)In this section—

turning right: turning right does not include making a hook turn.
vehicle: vehicle does not include a tram, a bus travelling along tram tracks, or any vehicle displaying a do not overtake turning vehicle sign.

143Passing or overtaking a vehicle displaying a do not overtake turning vehicle sign#

(1)A driver must not drive past, or overtake, to the left of a vehicle displaying a do not overtake turning vehicle sign, unless—
(a)if the vehicle is turning left and is giving a left change of direction signal—
(i)the driver is driving on a multi-lane road and it is safe to pass, or overtake, in a marked lane to the left of the vehicle; or
(ii)it is otherwise safe to pass, or overtake, to the left of the vehicle; or
(b)otherwise—
(i)the driver is driving on a multi-lane road and it is safe to pass, or overtake, in a marked lane to the left of the vehicle; or
(ii)the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal and it is safe to pass, or overtake, to the left of the vehicle; or
(iii)the vehicle is stationary and it is safe to pass, or overtake, to the left of the vehicle; or
(iv)it is otherwise safe to pass, or overtake, to the left of the vehicle.

Maximum penalty—20 penalty units.

(2)A driver must not drive past, or overtake, to the right of a vehicle displaying a do not overtake turning vehicle sign if the vehicle is turning right, or making a U-turn from the centre of the road, and is giving a right change of direction signal, unless it is safe to do so.

Maximum penalty—20 penalty units.

(3)In this section—

turning right: turning right does not include making a hook turn.

Examples of do not overtake turning vehicle signs—

144Keeping a safe distance when overtaking#

Subject to section 144A(1), a driver overtaking a vehicle—

(a)must pass the vehicle at a sufficient distance to avoid a collision with the vehicle or obstructing the path of the vehicle; and
(b)must not return to the marked lane or line of traffic where the vehicle is travelling until the driver is a sufficient distance past the vehicle to avoid a collision with the vehicle or obstructing the path of the vehicle.

Maximum penalty—20 penalty units.

144AKeeping a safe lateral distance when passing bicycle or personal mobility device rider#

(1)The driver of a motor vehicle passing the rider of a bicycle or a personal mobility device that is travelling in the same direction as the driver must pass the bicycle or device at a sufficient distance from the bicycle or device.

Maximum penalty—40 penalty units.

(2)A sufficient distance, from a bicycle or a personal mobility device, is—
(a)if the applicable speed limit is not more than 60km/h—a lateral distance from the bicycle or device of at least 1m; or
(b)if the applicable speed limit is more than 60km/h—a lateral distance from the bicycle or device of at least 1.5m.
(3)For subsection (2), the lateral distance is the distance between the following points—
(a)the furthermost point to the left on the driver's vehicle or any projection from the vehicle (whether or not attached to the vehicle);
(b)the furthermost point to the right on—
(i)the bicycle or personal mobility device; or
(ii)any bicycle or PMD trailer towed by the bicycle or device; or (iii) the rider or any passenger in or on the bicycle, device or trailer; or

(iii) the rider or any passenger in or on the bicycle, device or trailer; or (iv) a thing attached to, or carried on, the bicycle, device or trailer or carried by the rider or any passenger, other than a projection mentioned in subsection (4).

(4) For subsection (3)(b)(iv), a projection is a flag, stick or similar thing, whether or not flexible, attached to the bicycle or device, that projects sideways from the bicycle or device.

145Driver being overtaken not to increase speed#

If a driver is overtaking another driver on a two-way road by crossing a dividing line, or crossing to the right of the centre of the road, the other driver must not increase the speed at which the driver is driving until the first driver—

(a) has passed the other driver; and
(b) has returned to the marked lane or line of traffic where the other driver is driving; and
(c) is a sufficient distance in front of the other driver to avoid a collision.

Maximum penalty—20 penalty units.