Photo: MDRX, CC BY-SA 4.0, via Wikimedia Commons
Road rage is illegal as well as dangerous. The NSW Road User Handbook says you must not respond in a threatening or aggressive manner, and every Australian state has penalties for dangerous driving and hooning. This guide is for learners, P platers and their supervisors. It covers what Australian handbooks count as aggressive driving, what to do when someone tailgates or confronts you, how to report it, and the penalties set out in each handbook.
Key facts
- Tailgating, flashing headlights, continuous horn use, braking to force you to stop and getting out to approach you are all listed as aggressive driving in WA’s Drive Safe handbook.
- If you are confronted: lock your doors, keep your windows up, do not get out, and drive to a police station or busy public place if you are followed.
- In WA, call 000 in an emergency and 131 444 to report aggressive driving that is not an emergency.
- Being tailgated on L plates is not a reason to speed up. Your learner speed cap still applies.
- Hooning can cost you your car. NSW and WA police can impound vehicles, and WA can confiscate them on a third offence.
What counts as aggressive driving?
WA’s Drive Safe handbook (section 4.5) gives the clearest list. Aggressive driving includes:
- a driver pulling alongside you, shouting, making obscene gestures, pointing or demanding that you pull over
- a vehicle following too closely behind you (tailgating)
- the driver in front slowing down to try to force you to stop
- a driver flashing their headlights or sounding the horn continuously
- someone getting out of their vehicle and approaching you in a threatening way
Victoria’s Road to Solo Driving handbook adds that small mistakes, such as indicating late or moving into what another driver sees as their space, can set someone off.
What does the law say in each state?
| Jurisdiction | What the handbook says |
|---|---|
| NSW | You must not respond in a threatening or aggressive manner; road rage is “dangerous and illegal”. You must not drive negligently or at a speed or in a manner dangerous to the public. Penalties for dangerous driving include large fines, loss of licence and prison. |
| Victoria | Drive cooperatively. Only use the horn or flash headlights to warn of danger, and don’t make offensive hand gestures. Dangerous and careless driving are among the offences that lead to penalties. |
| Queensland | See Queensland demerit points and licence sanctions and check penalties with TMR or Queensland Police. |
| WA | Section 4.5 covers aggressive driving. Dangerous driving and careless driving are offences that can lead to disqualification. Anti-hoon laws allow impoundment and confiscation. |
| SA | “Care, Courtesy, Common Sense”: you must drive with due care and attention and reasonable consideration for other road users. Don’t over-react to thoughtless or deliberately aggressive driving. |
| Tasmania, ACT, NT | The NT handbook lists negligent or dangerous driving offences. For Tasmania and the ACT, check current offences and penalties with the transport department or police. |
Reacting to road rage with your own aggression puts you in the wrong too. Under the NSW rules, responding aggressively is itself the offence.
Hooning and vehicle impoundment
Hooning, meaning burnouts, donuts, street racing and speed trials, is treated as high-risk driving everywhere. Penalties from the handbooks:
| State | Hooning and high-risk penalties |
|---|---|
| NSW | Large fines, demerit points, loss of licence, impoundment of your vehicle or number plates, and prison. Police can impound for up to 3 months, you pay the storage fees, and on a second offence the vehicle may be sold. Organising, promoting or filming hooning is also banned. Police can also impound for driving more than 45 km/h over the limit. |
| WA | Racing or burnouts: the vehicle can be impounded for 48 hours. A second offence: impoundment for up to 3 months and licence suspension. A third offence: the vehicle can be confiscated and the driver permanently disqualified. Driving 45 km/h or more over the limit can be charged as reckless driving. |
| Victoria | Vehicles can be impounded for offences including speeding 45 km/h or more over the limit and street racing. The handbook gives periods starting at 30 days by police for a first offence. The handbook dates from 2023, so check current periods with VicRoads or Victoria Police. |
On L or P plates, a hooning charge usually also means losing your licence and starting again. See demerit limits for L and P platers compared.
How to avoid trouble in the first place
WA’s handbook says you lower the risk of being targeted if you:
- drive courteously and stay aware of what is around you
- don’t cut in front of other drivers
- slow down to let a vehicle move into your lane
- keep a safe gap to the car in front
- keep well clear of anyone driving erratically
Victoria’s tips for keeping your own cool:
- Plan your trip and leave plenty of time. If you are running late, call ahead before you start driving.
- Avoid driving when you are angry, tired or emotionally stressed.
- If you make a mistake, acknowledge it.
- If someone else makes a mistake, treat it as a mistake, not a personal attack.
Merging, lane changes and gaps cause most flashpoints. Practise them until they are smooth: overtaking, merging and changing lanes in Australia.
What to do if another driver is aggressive
- Stay calm and stay in control. Drive normally. Don’t react, gesture back or make eye contact.
- Lock up. Keep your doors locked and windows up. Don’t get out of the car.
- Make space. If they are in front, drop back. If they are behind, keep a steady speed or give them a chance to pass.
- If they follow you, don’t drive home. Drive to the nearest police station or a busy public place.
- Note the details when it is safe: number plate, colour, make and model.
- Report it. Call 000 if it is an emergency. In WA, report non-urgent aggressive driving to police on 131 444.
Supervisors: if someone confronts your learner, tell them to keep driving, not to stop. Don’t take over the argument from the passenger seat.
Being tailgated on L or P plates
Tailgating is the most common aggression new drivers meet, often because a learner is driving at or below the limit.
- Don’t speed up. Your learner or P plate speed cap still applies, and a speeding fine or demerit points cost you far more than an annoyed driver.
- Keep a steady speed and leave extra space in front, so you won’t need to brake hard.
- Give early warning. SA’s handbook suggests flashing your brake lights a couple of times if a vehicle behind is tailgating, especially when approaching lights that have been green for a while.
- Let them pass. When it is safe and legal, move left or pull over somewhere suitable. On a multi-lane road with a limit over 80 km/h, keep out of the right lane unless you are overtaking.
- Never brake-check. Braking to “teach them a lesson” is exactly the behaviour WA lists as aggressive driving.
Learn the horn and headlight rules so you know what is legal: headlights, high beam and horn rules in Australia.
Scenario: a driver tailgates, overtakes and stops in front of you
You are a learner on a 60 km/h road. A ute tailgates you for a kilometre, overtakes, then brakes sharply and stops in front of you. The driver gets out.
- Stop with enough space to drive around them. Keep your doors locked.
- If you can safely drive away, do so. Don’t wind down the window to talk.
- If you are blocked, stay inside, call 000 and keep the phone on speaker. Your supervisor makes the call if you have one.
- Note the plate when it is safe, then report it.
Phones: if you are on L or P plates, stop before you use the phone where you safely can, and let your supervisor make the call. See phone rules for L and P platers in each state.
Passengers and peer pressure
SA’s handbook warns new drivers not to let passengers distract them or push their decisions. Friends egging you on to “get back at” another driver is a common way a minor incident becomes a crash or a charge. You are the one who loses the licence.
Common questions
Is road rage a criminal offence in Australia?
Road rage behaviour can be dealt with under other offences, such as dangerous or negligent driving. NSW’s handbook says responding in a threatening or aggressive manner is illegal.
Can I flash my headlights at a driver who cut me off?
Victoria’s handbook says only flash your headlights or use the horn to warn of a situation that could be dangerous, not to express anger.
Should I pull over if someone demands it?
No. WA lists demanding that you pull over as aggressive behaviour. Keep driving, and go to a police station or busy public place if they follow you.
What if I get angry behind the wheel?
Pull over somewhere safe and take a break. Victoria advises avoiding driving when angry, tired or stressed, because anger affects your judgement. Fatigue makes it worse: driver fatigue on Australian roads.
A car tailgated me and then hit me. What now?
Follow the crash duties for your state: stop, exchange details and report to police where required. See what to do after a crash in Australia.
Does hooning on my Ps mean I lose my licence?
Often, yes. Hooning carries loss of licence in NSW and suspension or disqualification in WA, on top of impoundment. P plate demerit limits are low, so a single serious offence can end your Ps.
More on how risk is managed for new drivers: managing risk as a new Victorian driver and the Australian Road Rules explained.
Sources
- Department of Transport and Major Infrastructure WA, “Drive Safe: A handbook for Western Australian road users”, sections 1.6 and 4.5 and Part 5 (transport.wa.gov.au)
- Department of Transport and Planning Victoria, “Road to Solo Driving” handbook, Dealing with other road users and Rules and responsibilities (vicroads.vic.gov.au)
- Government of South Australia, “The Driver’s Handbook” (MR200, February 2026), Care, Courtesy, Common Sense (mylicence.sa.gov.au)
- Transport for NSW, “Road User Handbook”, Safe driving behaviour, Sharing with other road users and Penalties (nsw.gov.au)
- Northern Territory Government, “Road Users’ Handbook” (nt.gov.au)