Offence Overview
Under the Australian Road Rules, it is an offence to drive past a clearance sign or a low clearance sign if the driver’s vehicle, or any vehicle connected to it, is higher than the height indicated by the sign.
The offence of disobey clearance sign is a very serious traffic offence that is aggravated if it relates to a tunnel, bridge or other structure.
Key Elements of the Offence
To prove the offence, the prosecution must establish:
- The vehicle drove past a clearance or a low clearance sign; and
- The vehicle or vehicle connected to it is higher than the height indicated by the sign.
Our Defence Approach
At Highway Advocates, we regularly defend professional drivers and operators facing charges for disobeying clearance or height signs. We carefully examine:
- We assess the accuracy of height measurement, including whether your vehicle actually exceeded the height limit.
- We review the visibility and compliance of signage, identifying if the signs were faded, obstructed or incorrectly placed.
- We highlight mitigating circumstances such as whether no collision occurred, immediate corrective action and a strong driving record.
- Our aim is always to reduce your penalties and protect your licence.
Penalties for Heavy Vehicle Drivers
State | Penalties |
NSW | Maximum fine $5,500 and 12 demerit points. |
VIC | Maximum fine $4,070.20. |
QLD | Maximum fine $6,676 and 4 demerit points. |
SA | Maximum fine $2,500 and 3 demerit points. |
TAS | Maximum fine $4,100 and 2 demerit points. |
ACT | Maximum fine $3,200. |
Frequently Asked Questions
A clearance shows the maximum vehicle height a tunnel, bridge or other structure can safely handle. A low clearance sign specifically warns of reduced clearance in a tunnel, bridge or other structure.
Your vehicle’s height includes the total height of the vehicle and its load. It is important that before leaving, you always check your vehicle’s height and the height of any bridges or tunnels you plan to pass on your journey.
You can still be charged even if no collision occurs. The offence is complete once you drive past the sign whilst over-height. However, it is a mitigating factor the Court will take into account when considering your penalty.
GPS or navigation errors are common, but they don’t excuse the offence. However, it is a mitigating factor the Court will consider to reduce your penalty.
Visibility and compliance of signage are critical. If signs were blocked, obscured or incorrectly placed, we can challenge whether the offence is properly made out.
Yes. If the incident results in damage or investigation, the operator may face separate scrutiny under the Heavy Vehicle National Law, under Chain of Responsibility requirements.
If you’ve received an infringement notice or a Court Attendance Notice for travelling too close to a long vehicle, call Highway Advocates now on 0488 01 01 01 for expert legal advice.
Act early for the best result.