Can you break the speed limit when you’re merging or overtaking?

I’ll never forget the near-paralysing fear of merging onto a freeway for the first time. While conquering local roads and intersections was relatively easy, the uncertainty of not knowing the next move while the lane ends is forever ingrained in my memory.

Making matters worse, my driving teacher didn’t plan any highway lessons because they claimed instructors rarely take learners onto highways during their tests.

But close to 10 years later, it seems drivers, regardless of experience, are still confused about which speed limit to follow when merging or overtaking. And some people are calling them out.

In a March 2025 social media post to the Ask an Australian Reddit thread, one user issued a heated warning shot to drivers who hesitate when attempting to merge.

“Apparently merging into traffic now requires a PhD in hesitation and a personal blessing from the universe ... The driver in front of me is acting like each [traffic] gap is a moral dilemma ... just go. It's not that hard. Press the pedal. You go, that's it,” the Reddit user said.

But if you're in need of a refresher, here's what you need to know on how to safely (and legally) merge and overtake.

No, you cannot break the speed limit when you’re merging. Though it may feel like speeding is the right option when you see your lane ending, speeding is illegal, no matter the situation.

According to Driver Safety Australia managing director Russell White, a signposted speed limit is an absolute law and not an estimated guide.

“Good merging and overtaking relies on planning, awareness and timing. Speeding cuts down your margins. It increases stopping distance and leaves less room for others to adjust to your movement,” White told Drive.

On merging lanes where broken lines are present, drivers must give way to oncoming motorists already in the lane they are merging into.

But motorists who are about to enter a zip merge – where two lanes merge into one with no road markings – must give way to the vehicle in front of them, meaning the car trailing behind the oncoming driver must leave a sufficient gap for the oncoming driver to safely enter.

Depending on the Australian state or territory, failing to give way while moving across lanes can incur monetary fines and demerit points.

“Effective merging and overtaking are about flow, not force. If it’s not safe, wait; another opportunity will present itself,” White said.

However, driving instructor from Melbourne-based Driver Dynamics, Kevin Flynn, said there are still safety risks of stopping at the end of the lane.

“Stopping at the end of the merging lane can create major problems and present a danger to yourself and other drivers. With practice, it becomes easier; having said that, there are plenty of drivers with years of experience who still struggle with merging,” Flynn told Drive.

When it comes to merging, experts say it’s crucial to proactively plan your direction while remaining alert and observing all traffic lanes.

According to the president of the Get Home Safe Foundation – a road safety industry body – Darren Davis, staying on the right side of the slip lane is essential for a driver to see oncoming traffic from their side mirrors.

“The earlier you can start observing traffic, the better. This will give you more time to judge your merge,” he told Drive.

“Try to match the speed of the traffic already on the road you are joining. This will allow you to potentially merge into gaps easier and avoid joining over an unbroken line by using as much of the slip lane as is safe to do so.”

Once again, no, you cannot break the speed limit to overtake. Across all Australian states and territories, transport departments have made it clear that speeding will not be tolerated under any circumstances.

“The posted speed limit is the legal maximum – not a target or something to exceed when you need extra space,” White said.

While excessive speeding when overtaking is illegal, it’s worth noting that motorists who speed up – either above or under the speed limit – while another driver is attempting to overtake them can also be fined for the behaviour.

As reported by Drive in September 2024, a New South Wales Police spokesperson warned motorists that this maneuver poses a preventable risk.

“This driving behaviour puts an unnecessary risk on all road users. This activity may cause an overtaking vehicle to be on the incorrect side of the road longer than necessary and/or result in both vehicles travelling in excess of the sign-posted speed limit,” a NSW Police spokesperson said.

Ethan Cardinal graduated with a Journalism degree in 2020 from La Trobe University and has been working in the fashion industry as a freelance writer prior to joining Drive in 2023. Ethan greatly enjoys investigating and reporting on the cross sections between automotive, lifestyle and culture. Ethan relishes the opportunity to explore how deep cars are intertwined within different industries and how they could affect both casual readers and car enthusiasts.

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