Is it Legal to Drive Without Shoes?
The Real Truth
Many Australians love to drive barefoot during summer. This common practice feels natural in our hot climate, but drivers often ask if they’re breaking any laws by ditching their shoes.
The good news? No Australian state or territory bans barefoot driving. But you still need to be careful. Police can fine you if they believe you can’t control your vehicle properly without shoes. NSW drivers might face a \$481 fine and lose three demerit points. School zone penalties are even harsher – $603 and four points. Road deaths across Australia have gone up by 4.6% since 2018, so safe footwear choices matter more than ever. Thongs pose a real danger because they can get stuck under the pedals. Research shows that the wrong shoes make driving much more dangerous. As an extreme example, Moon boots cut your braking power by 25%.
Is it illegal to drive without shoes in Australia?
Many Australians believe they’ll get into trouble for driving barefoot. The truth about driving without shoes in Australia is simpler than you might think. Let’s learn about what the law says.
No specific law bans barefoot driving
Australian law doesn’t explicitly forbid driving without shoes in any state or territory. Police departments nationwide have confirmed this fact. An ACT Policing spokesperson said, “It is not illegal to drive barefoot or while wearing thongs, but there may be safety issues”. Police authorities in New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, and the Northern Territory agree there’s no specific law against it.
Rule 297: Proper control of the vehicle
Drivers must still follow Rule 297 of the Australian Road Rules: “A driver must not drive a vehicle unless the driver has proper control of the vehicle”. This rule serves as the foundation for any penalties linked to footwear choices. Breaking Rule 297 in NSW results in a fine of AUD 735.44 and three demerit points. The penalty jumps to AUD 921.98 and four demerit points in school zones. Victorian drivers face an AUD 423.53 penalty for losing proper control. Queensland’s drivers get hit with an on-the-spot fine of AUD 512.21.
How police assess ‘unsafe’ driving
Police officers use their judgment to determine if a driver’s choice of footwear affects vehicle control. Western Australia Police clarified that “the circumstances of wearing inappropriate footwear while operating a motor vehicle may be considered if a person is involved in an incident”. They look for situations where footwear might interfere with pedal operation, like a sweaty foot slipping off the brake pedal.
If investigators find that barefoot driving led to an accident, a driver might face negligent driving charges. An ACT Police spokesperson explained, “If footwear unsuitable to drive in had been removed and became lodged behind the brake pedal, causing a collision, again consideration would be given to negligent driving.”
Drivers must prove they maintained proper control regardless of their footwear choices—police don’t need to show that a vehicle has automation features.
State-by-state breakdown of barefoot driving laws
Australian states and territories share common elements in their barefoot driving regulations, though each jurisdiction has its nuances. Let’s get into the specifics for each region.
New South Wales
NSW doesn’t have any specific law against driving barefoot or in thongs. All the same, police can penalize you under Rule 297 if they determine your footwear choice contributed to an accident. The fine stands at AUD 735.44 with three demerit points. School zone violations increase the penalty to AUD 921.98 and four demerit points.
Victoria
Victoria’s police have confirmed that no specific rules ban shoeless driving. However, if you fail to maintain proper vehicle control, your choice of inappropriate footwear could result in a AUD 423.53 fine. Victoria’s road authority suggests wearing shoes that “fit on the tight side, with good grip” to ensure optimal control.
Queensland
Queensland aligns with the national approach and has no direct ban on barefoot driving. The state’s Department of Transport and Main Roads emphasizes proper vehicle control, with violations leading to an on-the-spot fine of AUD 512.21. Drivers who don’t exercise due care might face a AUD 879.17 fine and three demerit points.
South Australia
South Australia stands out with its learner driver requirements. The state’s experienced drivers face no footwear restrictions, but “learner drivers in SA must wear appropriate footwear when driving – no thongs, bare feet, clogs or shoes without heel support are permitted”. This makes South Australia the only state with explicit barefoot driving rules for any driver category.
Western Australia
WA authorities make it clear that barefoot driving remains legal. They do point out that footwear might become relevant in accident investigations. The WA Police Force actively recommends suitable driving footwear for safety purposes.
Tasmania, ACT, and Northern Territory
These jurisdictions don’t restrict barefoot driving through specific laws. ACT’s police note that while legal, poor footwear choices could lead to negligent driving charges if they contribute to a crash. Tasmania and the Northern Territory have confirmed they place no restrictions on driver footwear choices.
What happens if you’re in an accident while barefoot?
Barefoot driving becomes a legal gray area after an accident. While no law bans it outright, driving without shoes could be key in deciding who’s at fault and what charges might apply.
How footwear can affect accident liability
Police and investigators look at every detail after an accident, including what’s on your feet. Legal experts say barefoot driving becomes risky if you can’t control your vehicle correctly. Your bare foot slipping off a pedal due to sweat or poor grip could make you liable for negligence. A legal way to drive can quickly become a liability problem if you lose control.
Examples of footwear-related incidents
Real-life cases show these risks clearly. A Chicago driver hit the car ahead when their sweaty foot slipped off the brake pedal. The court ruled against them and pointed to their lack of shoes as a key factor. Another case in Springfield saw a barefoot driver hit a pedestrian because they couldn’t press the brakes fast enough. The police noted the missing footwear as a direct cause in their report.
Impact on insurance claims
Insurance companies look at who’s at fault rather than what’s on their feet. Yet proof that barefoot driving caused an accident could hurt your coverage. Indeed, insurance policies don’t ban barefoot driving, but they have rules about negligence that could limit your claim. You should check your policy to know what complications might come up.
Negligent driving charges explained
Australian drivers might face negligent driving charges if a barefoot accident happens. Rule 297 of the Australian Road Rules says drivers must control their vehicles properly. Breaking this rule in NSW results in a 5-unit penalty. The police might charge you under negligent driving laws if they find that your bare feet caused the crash. Penalties range from hefty fines and demerit points to losing your license, based on how bad the crash was.
Safer alternatives and expert recommendations
Safety experts advise against driving barefoot, even though it’s legal. Proper footwear is essential for controlling your vehicle and preventing accidents on Australian roads.
Why thongs and heels are risky
Thongs create several serious hazards for drivers. They slip off easily, get caught under pedals, and might become wedged between the pedal and the floor. Your natural reaction to grab a fallen thong while driving creates dangerous distractions. High heels raise your foot unnaturally and stop your heel from resting on the floor—a position you need for proper pedal control. A driving expert says, “The only thing worse than high heels is platform wedges”.
Best types of shoes for driving
According to driving experts, thin, flexible soles help you feel the pedals better. Your ideal driving shoes should:
- Fit snugly but feel comfortable
- Have closed-toe shoes to protect your feet
- Keep sole thickness under 25mm
- Support your ankles well
Sneakers, tennis shoes, and loafers are great for driving. Professional drivers often choose specialized driving shoes with thin soles and rounded heels to help with foot movement.
Tips for learner drivers
Proper footwear matters even more for new drivers—sometimes it’s required. South Australian learner drivers must wear appropriate shoes during lessons and tests. The rules ban thongs, bare feet, and shoes without heel support. Testing officers across other states might also fail candidates who wear unsuitable shoes.
Keeping backup shoes in your car
A spare pair of driving shoes in your car solves the problem when your regular footwear isn’t right for driving. Many professional drivers keep special driving shoes in their vehicles. This simple habit will make driving safer, especially during emergencies when vehicle control matters most. A towel to dry your boots in wet weather can also improve your pedal grip.
FAQs
Q1. Is it illegal to drive barefoot in Australia?
No, it’s not illegal to drive barefoot in any Australian state or territory. However, drivers must always maintain proper control of their vehicle, which can be affected by footwear choices.
Q2. Can I get fined for driving without shoes?
While there’s no specific fine for barefoot driving, you could face penalties if police determine your lack of footwear contributed to unsafe driving or an accident. Fines and demerit points vary by state.
Q3. What are the safest types of shoes for driving?
The best driving shoes have thin, flexible soles that allow you to feel the pedals properly. They should fit snugly, have a closed toe, and provide good ankle support. Sneakers, tennis shoes, and loafers are generally good options.
Q4. How does barefoot driving affect insurance claims?
If investigators determine that barefoot driving contributed to an accident, it could impact your insurance claim. Most policies include clauses about negligence that could affect claim outcomes.
Q5. Are there any special rules for learner drivers regarding footwear?
In South Australia, learner drivers must wear appropriate footwear – no thongs, bare feet, or shoes without heel support are permitted. Other states may have similar recommendations, though not necessarily legal requirements.