Australian Drivers May Face Fines for Using Waze to Report Police

Australian drivers using the navigation app Waze to alert others about police presence or speed cameras could potentially face fines, according to legal advice. While most Australian jurisdictions do not have specific laws prohibiting the act of reporting police locations, the way drivers interact with their phones while driving can lead to penalties.

Shantel Norus, principal solicitor at Norus Criminal Defence Lawyers, stated that the primary legal risk stems from illegal mobile phone use while operating a vehicle, rather than the act of sharing information about police whereabouts itself. Across Australia, unauthorized mobile phone use behind the wheel can result in significant fines and demerit points, with penalties varying by state and territory.

"The primary legal risk arises from how motorists use the application while driving, rather than the act of sharing police locations itself," Norus told the Daily Mail. She clarified that simply reporting a mobile speed camera or an unmarked highway patrol vehicle through Waze is unlikely to constitute an offense under laws like those in New South Wales.

However, Norus cautioned that "obstruction offenses could theoretically apply in exceptional circumstances," but emphasized that such cases would require conduct amounting to interference with police duties. The mere act of sharing information is typically not sufficient to meet the legal threshold for hindering police, according to case law. For instance, if drivers slow down after receiving a Waze alert about a speed camera, this is generally not considered hindering police, as officers can still continue their enforcement activities.

Offenses related to hindering, resisting, or obstructing police officers are present in Queensland, South Australia, Western Australia, Tasmania, the Australian Capital Territory, and the Northern Territory, with broadly similar provisions across these regions. Penalties differ, however.

Victoria stands out as a jurisdiction with more explicit legal guidance. According to Victoria Legal Aid, warning other drivers about speed cameras may be considered hindering police. This offense in Victoria can carry a maximum fine of approximately $5,227.50 or up to six months' imprisonment, depending on the specific circumstances.

In Queensland, penalties for hindering police can include fines of nearly $7,000 or six months' imprisonment. Western Australia imposes a maximum of 18 months' imprisonment and fines around $18,000. South Australia allows for a fine of up to $2,500, six months' imprisonment, or both. Tasmania's maximum penalty is approximately $20,000 or three years' imprisonment. The ACT has a maximum penalty of around $32,000, two years' imprisonment, or both, while the Northern Territory's maximum penalty is nearly $40,000, two years' imprisonment, or both.

Last week, Queensland Police Senior Sergeant Shane Panoho issued a direct warning to motorists who use Waze to evade speed enforcement. "Stop driving like a bloody muppet and actually do the right thing," he stated. "If you don't, we will do our best to impede you and fine you and take away your driving privileges."