For a car-loving country like Australia, road authorities have made no apologies about prioritising caution and safety when it comes to laying down the law of what drivers can and can’t modify.
And while local car enthusiasts are succinctly aware of the modification laws, one Brazilian fanatic went viral on the social media platform Reddit.
Taking to the Cars Australia thread, the user invited a range of commenters after they asked the question, “How strict is the police in Australia against [sic] modified cars?”.
“Brazilian here. I have no clue about how the automotive scene is in Australia. I’ve seen a few videos that said they are very strict there,” they said.
“Here in Brazil, cops are strict, and we can’t question them most of the time. Is Australia really that harsh on car enthusiasts? Thanks mates, love ya Falcons and Commodores.”
The post generated traction amongst the Australian online car community, with other users sharing their views on how authorities regulate local car laws.
A different user said, “Extremely strict. As someone who has travelled the world, a decent chunk of the world, Australia is in conversation of the most strict [sic] country on earth with modified vehicles and road rules. This country is extremely anti-fun.”
Though most local enthusiasts know the general rules of modification – especially when it comes to performance-enhancing changes – experts have pointed out a few surprising features that could lead to a defect notice.
Astor Legal principal lawyer Avinash Singh said road authorities will always hunt for changes that could affect the car’s safety.
“One common example is raising or lowering the suspension to such a degree that the operations of a vehicle’s electronic stability control (ESC) are affected," Singh told Drive.
While any car modification must be approved by local state and territory transport authorities, the lawyer also said there are other legal requirements drivers must adhere to.
“Transport authorities will also refuse to approve modifications resulting in the exhaust of a vehicle exceeding 90 decibels, headlights over a certain brightness, neon lights, oversized tyres and the removal of mudguards,” he said.
Even minor cosmetic changes could also lead to your vehicle being deemed unroadworthy.
As reported by Drive in July 2024, some manual drivers need to make sure their H-sticker – the symbols denoting the gear positions on the gear –remains visible, or they could land in some hot water with the law, depending on what state or territory they live in. Tricky for much older cars where the symbol may have worn off with use.
Additionally, some road authorities are also on the lookout for the smallest changes. If you want to know the everyday things you can get fined for, visit our previous story here.
However, under no circumstances are structural modifications legal in Australia.
In response to numerous DIY convertible Commodores and Falcons being posted for sale online, a spokesperson for the Department of Infrastructure said this practice breaches the Australian Design Rules (ADRs).
“[The ADRs] set minimum standards for vehicle safety, emissions and anti-theft performance,” a Department of Infrastructure spokesperson told Drive in August 2024.
“Significant structural modifications to the vehicle body structure can make a vehicle non-compliant with the ADRs, including, for example, vehicle crash test performance requirements for the protection of the occupants in front and side crashes.”
Despite stringent modification laws, car enthusiasts have called out road authorities for allegedly failing to understand what constitutes illegal modifications.
In the viral Reddit thread, one user said, “I’ve had cops question my stock [Volkswagen] Golf R exhaust, saying once it was illegal … I’m like ‘it comes from the factory’."
Depending on the severity of the offence and state or territory legislation, illegal car modifications can incur thousands of dollars in fines and numerous demerit points. As a general guide, the maximum court-imposed penalties for unapproved modifications are listed below.
Disclaimer: This article serves as a general guideline only and does not constitute genuine legal advice.
Ethan Cardinal graduated with a Journalism degree in 2020 from La Trobe University and has been working in the fashion industry as a freelance writer prior to joining Drive in 2023. Ethan greatly enjoys investigating and reporting on the cross sections between automotive, lifestyle and culture. Ethan relishes the opportunity to explore how deep cars are intertwined within different industries and how they could affect both casual readers and car enthusiasts.
