Is it legal to drive with the trunk open?

We've probably all been in a situation where you're at your favorite hardware or flat pack store and find something that's too long to fit in the trunk.

• There is no national rule prohibiting driving with the trunk open.
• You must have a secure load
• You have to be able to see well enough outside the car to drive safely.

If you have a roof rack, it will probably be a better option for properly securing a longer load. But if he doesn't and asks himself, “Is it illegal to drive with the trunk open?” he may be surprised by the laws.

These rules may be stricter than they seem, but the reason for the harshness of the penalties is that, in past years, unsecured loads have caused accidents and even deaths on our roads. So it's best to take it seriously because the police certainly do.

The Australian Model Road Rules 2014, regulation 292, which covers the topic of “Unsafe or Hanging Cargo” describes the following:

• A driver must not drive or tow a vehicle if the vehicle is carrying a load that:
  • (a) is not properly secured to the vehicle, or
  • (b) is placed on the vehicle in a manner that makes the vehicle unstable, or
  • (c) protrudes from the vehicle in a way that could injure a person, obstruct the path of other drivers or pedestrians, or damage a vehicle or anything else (for example, the road surface).

The interpretation of this rule varies by jurisdiction, as do the possible penalties for doing something wrong.

Additionally, there is another model traffic rule that may apply, depending on the location: regulation 269, (3), states: “A person must not cause a danger to any person or vehicle by opening the door of a vehicle, leave a vehicle door open, or get off or get out of a vehicle.” This could be interpreted in such a way that if you have your trunk open, you could be fined hundreds of dollars, depending on the jurisdiction.

If the load becomes loose and ends up on the road, some locations require that you remove it from the road; In New South Wales, for example, you could be fined $481 and three demerits if you lose something from your vehicle and don't remove it. from the road.

You may also want to consider the security of the trunk lid. If you drive a sedan, the trunk lid may be prone to bouncing up and down over bumps, especially if it is a gooseneck hinge-style mechanism.

Hatchbacks, SUVs or vans with gas struts or power opening systems are more likely to remain open, but be aware of the additional vehicle height when driving with the rear “door” open. Most people try to secure the trunk lid so that it is in the “down” position, which is probably the safest course of action as long as your visibility is not affected by doing so.

Some car manufacturers include in their safety warning systems that driving with the trunk open can be dangerous for occupants due to the entry of exhaust gases. For example, Volvo has a specific warning: “Do not drive with the trunk lid open. “Toxic exhaust gases can enter the car through the cargo compartment.”

VicRoads has a pretty good set of guidelines for securing a load, although they cover utility vehicles, trucks and other vehicles:

• Group similar items into a single, more stable unit.
• Use restrictions when packing wooden boards; The non-slip mat prevents items from sliding, especially long items.
• It can be difficult to keep the ropes taut over the load. When available, use fabric straps as they may be more effective and easier to use.
• Nets and tarps can be used to secure lighter items.
• Loose sheets of building materials can be restrained by placing them firmly on trays and then securing them properly with straps.
• Make sure heavy items are not loaded on top of lighter items.
• Most headboards and cargo racks are not strong enough to fully hold heavy loads.
• Use metal or heavy-duty plastic top corner protector angles to protect boxes.
• Tall, narrow items, such as stacks of smaller boxes, often require more than one fastening system.
• Fill the gaps and gaps between the stacks with other items and make sure they are secured as well.

“If you don't properly secure your load, you can be fined, even if the load doesn't come loose,” VicRoads says.

Fines range from $242 for minor violations, to a huge potential court-imposed fine of over $80,000 for professional freight carriers who do the wrong thing. Most “normal” bootloaders would be in the old potential space.

But be sure to secure your load to prevent it from breaching any of the Road Safety (Vehicles) Regulations 2021 – REG 285, which states that a vehicle carrying a load must comply with the following:

1. the load must be secured by a means appropriate to the vehicle and the nature of the load;
2. The load must be placed and secured on the vehicle in a manner that prevents, or is likely to prevent, the load or any part of the load:

(i) hanging or protruding from the vehicle; either

(ii) become detached or fall from the vehicle;

3. Cargo must not be placed or secured in the vehicle in a manner that makes the vehicle unstable.

You should also ensure that you can see outside your vehicle effectively; must be able to see forward, to the sides and to the rear of the car; Otherwise, they could be fined.

In New South Wales, regulations suggest you can face a fine of $481 and three demerit points if you drive with a load that is not properly secured. Make sure your cargo is secured and does not affect the safety of your car or other road users, and make sure you can maintain clear visibility from the driver's seat.

Fines and penalties vary depending on your location and legal jurisdiction.

It is not intended to be legal advice. Check with the relevant highways authority in your state or territory.