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Demerit points warning issued to Australian motorists

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Australian Janelle McEvoy said a police officer told her she could be fined for having an air freshener hanging from her rearview mirror.

A Perth woman has taken to social media to point out a common act on Australian roads that could result in drivers being fined.

Janelle McEvoy said in a video that she was recently pulled over for a random breath test and the police officer pointed out the little-known rule to her.

“Did you know you can get a $100 fine and a demerit point if you have one of these hanging in your car?” he said, holding up an air freshener designed to hang from the rearview mirror.

‘I was given a random breathalyzer test on the way to an event this morning and the police officer told me that when I got home I had to remove this thing hanging from my car to avoid the $100 fine and demerit point.

‘Doesn’t everyone have one of these hanging in their car? Where is he supposed to go?

Many commenters on the clip seemed unaware of the little-known rule, although some said they had been told before.

‘That? Can’t I just let my car smell good in peace?’ one asked.

“You can have them in your car, but not in the rearview mirror because if you have an accident they can say it’s a distraction and an obstruction to your view,” said another.

Australian Janelle McEvoy said a police officer told her she could be fined for having an air freshener hanging from her rearview mirror.

In Australia it has always been the rule not to allow hanging things on the rear view mirror. Although they rarely give you good results,” added a fourth commentator.

‘Is it specific to one state, not Australia as a whole?’ asked another

One commenter pointed out that there are air fresheners that clip onto a car’s air conditioning vents, which led to a follow-up video in which Ms. McEvoy swapped hers.

So what are the rules?

According to authorities, it is not technically illegal to have an item hanging from the rearview mirror, but if an item is deemed to obstruct the driver’s view or be a distraction, then that may warrant a fine.

In New South Wales, the Department of Transport said driving without a clear view of the road can result in a $349 fine and three demerit points.

In Victoria, the rules are the same and although the fine is slightly less at $288, there can be a court fine of up to $962 if obstruction is considered a major problem.

Fines vary between states, with WA having one of the smallest penalties, but having an obstructed view of the road is a punishable offense across Australia (file image)

Fines vary between states, with WA having one of the smallest penalties, but having an obstructed view of the road is a punishable offense across Australia (file image)

The Queensland Department of Main Roads said a $361 fine may be imposed on drivers caught with an obstructed view of the road.

In Western Australia, where Ms McEvoy was driving, a $100 fine along with a demerit point applies under the 2000 Traffic Code.

The code states that “a driver shall not operate a vehicle unless he can obtain a complete and uninterrupted view of the road and traffic ahead and on either side of him and her.”

In South Africa, a fine of $215 can be issued for an obstructed view, and in Tasmania the fine is $195.

In the Northern Territory, you would be under the driving an unsafe motor vehicle rule and a $140 fine for obstructed view would apply.

And in the ACT, officers can impose fines for any breach of the driver’s “impairment or distraction laws”, which can vary and the maximum amount that can be imposed is a hefty fine of $3,200.

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