4 days ago
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At some point, we have all at least thought about stopping on the side of the road to pee. As the saying goes, 'When you gotta go, you gotta go'.
But did you know you could be breaking the law? Before stopping on the side of the road and unzipping your pants, you'll need to consider a few rules.
We run through everything you need to know so you can weigh up a possible fine against wetting your pants.
Can you legally pee on the side of the road?
No, but also yes. It's a bit of a grey area that needs a lot of things taken into consideration.
Public indecency/public urination
Almost all states and territories in Australia have a law against public urination. These include Queensland, South Australia, Western Australia, and the ACT.
According to the Crimes Act 1900 – Section 393A, which falls under 'indecent exposure' laws – "A person commits an offence if the person urinates in a public place (other than in a toilet)".
The subsection of Section 393 also says: "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".
The wording "it is within view of another person" is important here, so it's essentially one of those laws that is broken only when you are caught.
Public urination could also be seen as "offensive conduct", which is what Victoria, New South Wales and Tasmania classify it as. It is covered in the Summary Offences Act 1988 – Section 4 that says: "A person must not use offensive language in or near, or within hearing from, a public place or a school".
However, there is a valid excuse if you seriously cannot hold it any longer, and that is outlined in the Criminal Code 2002—Section 41.1: "A person is not criminally responsible for an offence if the person carries out the conduct required for the offence in response to circumstances of sudden or extraordinary emergency".
Often, the police will take this into consideration if you are caught in the act of public urination.
This was taken into consideration with the Beck v State of NSW case in 2012 when Beck was attempting to be re-enlisted into the police force but had an "offensive conduct" charge relating to public urination off-duty.
Justice Adams told the court that, "If the plaintiff's evidence be accepted (as it must, for present purposes), he was unable to prevent himself from urinating. This must be a reasonable excuse, and on that ground, he has committed no offence".
This case can now be used as a defence if you are desperate enough to urinate on the side of the road.
However, if you don't have a reasonable excuse, you could face a fine. It ranges from $400 to $700, depending on the state, charge, and officer fining you.
What people sometimes fail to recognise when it comes to urinating on the side of the road is that in some spots it's illegal to stop – to urinate or otherwise.
Road Rules 2014 - Regulation 177 (expanded further in Regulation 178) forbids vehicles from stopping on a motorway unless there is an emergency.
"A driver (except the rider of a bicycle) must not stop in an emergency stopping lane unless the condition of the driver, a passenger or the driver's vehicle, or any other factor, makes it necessary or desirable for the driver to stop in the emergency stopping lane in the interests of safety, and the driver stops for no longer than is necessary in the circumstances."
What is necessary or desirable is again up to the discretion of the officer pulling you over, but you could be fined between $100 and $600 depending on the officer or state.
Zane Dobie comes from a background of motorcycle journalism, working for notable titles such as Australian Motorcycle News Magazine, Just Bikes and BikeReview. Despite his fresh age, Zane brings a lifetime of racing and hands-on experience. His passion now resides on four wheels as an avid car collector, restorer, drift car pilot and weekend go-kart racer.
