Is it legal to overtake while overtaking?
Speeding driving at any time, regardless of the circumstances, is illegal.
Yes, speeding while overtaking another vehicle is illegal. In fact, speeding driving at any time, regardless of the circumstances, is illegal.
It's a common misconception that you can speed up when overtaking, especially when you're driving on country roads, and you rightly want to go as fast as possible. But while it may seem safer to try to overtake quickly, you should always respect the speed limit or risk a hefty fine.
According to the Royal Automobile Association, the reason why you can't speed when overtaking a car is because the courts classify speeding as an absolute offense with no exceptions or justifications. However, the RAA also notes that a driver is prohibited from accelerating when another vehicle is trying to pass.
While most states and territories do not explicitly state how to safely overtake cars on the road, there are a few exceptions. The NSW Roads and Marines website has a page on overtaking, as does the Western Australian Road Safety Commission website.
Both pages repeatedly report that overtaking other vehicles can be dangerous because it is difficult to estimate the distance needed to maneuver safely, but this difficulty cannot be reduced by speeding. They reiterate that some of the dangers of overtaking can be reduced by the behavior of drivers being overtaken; if someone tries to overtake you, you should keep to the left, stay in your lane and do not speed up.
The exact fines for speeding over the speed limit vary by state and vary in severity depending on how fast you were caught driving. But be careful, punishments include fines and demerit points.
As always, remember that if you are caught speeding, you may be in breach of your insurance contract. While you should always check the details of your particular agreement, be aware that any illegal behavior may jeopardize your insurance coverage.
This article is not intended as legal advice. You should contact your local road authority to verify the information written here.
