It’s something that many of us have done as we drive along the road on a warm Aussie day, but after a motorist was slapped with a $166 fine by police, a criminal lawyer told Yahoo News that the penalty may not be worth the risk.

Last week, a driver was travelling along a road in Manunda, Cairns, well aware of the Highway Patrol vehicle behind him. He was on his way to work, tapping away on the outside of the door to the tunes on the radio, when the police car pulled him over.

“I was pulled over and reminded of the regulations and received this fine for having my arm outside the window,” the man wrote on social media, attaching a photo of the $166 fine.

Speaking to Yahoo News, criminal lawyer Andrew Wiseman explained fines for this behaviour “happen every now and then” but said the driver was “unlucky” to cop one.

A female's hand lies outside of a moving vehicle.

It’s illegal to have any part of the body protruding out of a car in Australia. Source: Getty.

“You can’t have your arm or any other part of your body outside of the vehicle unless you’re signalling… It’s to avoid injury,” Wiseman told Yahoo. “He was unlucky getting the fine, but the law is quite black and white. If your arm is even just a slight amount out, they can get you for it.”

While the driver only copped a $166 fine, Wiseman explained the maximum penalty for the offence is over $3,000. “If you’re gonna have your windows down, keep your elbows on the armrest and within the vehicle,” Wiseman warned.

Have you been fined for an unusual driving act? Contact sophie.coghill@yahooinc.com

Drivers around the country can cop fines for common act

It’s not just Queenslanders that need to avoid this behaviour, with it being illegal in every state and territory in Australia, and the fines differ depending on the jurisdiction. In NSW the fine for placing part of your body outside the window is $423.

Last year Yahoo News reported on a young South Australian driver narrowly avoiding a $323 fine for having her arm out the window of her non-airconditioned car. “I had no idea it was illegal,” Charlotte Nicholls told Yahoo.

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