Is it illegal to drive shirtless or topless in Australia?

Blame it on the summer heat or the holiday spirit, but one of the most commonly searched questions on the internet right now is whether it's legal to drive shirtless or topless in Australia.

MORE: Is it illegal to drive nude in Australia?

Though air conditioning is viewed by most as the antidote to the unrelenting Australian summer heat, sometimes it’s just not enough.

If you’ve ever driven past a local beach or swimming pool, chances are you would have seen more than one driver leaving the area without a shirt on.

And though driving nude, shirtless or topless is technically legal in Australia, public indecency and exposure laws still apply and may be relevant depending on the context, according to multiple road authorities.

The answer is yes and no, and it all depends on the context.

There are no specific laws or road rules pertaining to driving topless, so technically it's legal to drive topless in Australia, but the legality can vary depending on the nature of the exposure and the setting in which it occurs.

In Australia, there are laws that explicitly prohibit people from obscenely exposing their body parts in public areas.

While most police officers have a relatively relaxed approach to enforcing shirtless driving, particularly during summer, motorists could still be fined and penalised in certain settings at police discretion.

For example, police or road authorities may determine a shirtless or topless driver is indecently exposing themselves if they are within view of a public setting like a fast-food drive-thru, school or childcare centre, or shopping centre.

Additionally, local councils may have applicable laws that could apply depending on the context of the exposure.

Here are some relevant road laws around Australia that may be applicable to topless or shirtless driving, plus their corresponding penalties.

In New South Wales, the Summary Offences Act 1988 explicitly states “a person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person” – any driver found to violate this rule can incur a maximum of 10 penalty units ($1100) and/or six months' imprisonment.

South Australian drivers deemed by authorities to be performing an "indecent act" that could involve exposing oneself in a public setting can incur a $2500 fine and/or six months' imprisonment according to the Offences Act 1953.

Section 393 of the Crimes Act 1900 enforced by Australian Capital Territory authorities states, “A person who offends against decency by the exposure of his or her person in a public place, or in any place within the view of a person who is in a public place, commits an offence”.

According to the Act, failure to adhere to this law can result in a maximum penalty of 20 units ($6260) and/or up to one-year imprisonment.

"It is not illegal to drive naked [in Tasmania], but it is illegal to be naked in a public place. If someone is naked in their car and drawing attention to themselves, it may be deemed an offence under the Police Offences Act 1935," said a Tasmanian Department of Police, Fire and Emergency Services spokesperson.

Tasmanian drivers can incur a maximum of $1950 (10 penalty units) and/or up to one-year imprisonment depending on the severity of the offence.

Meanwhile, a Western Australia Police spokesperson previously told Drive the penalties for driving without clothing “depend[s] on the explanation provided by the person and circumstance. Various offences may be applicable".

So, while it might seem like a good idea to let the fresh air cool your body down during the hot Australian summer, it's best to leave the air conditioning to do its job, so you can avoid the hassle of disputing public indecency fines when that was never meant to be your intention.