Driver faces $563 fine for ‘illegal and dangerous’ motorway move in Australia

A Growing Concern for Australian Drivers

Aussie motorists are being reminded of the “dangerous” and potentially “deadly” consequences of driving without proper control of their vehicle after a Tesla driver was caught allegedly sleeping behind the wheel. This incident has sparked a conversation about the risks associated with relying on semi-autonomous driving systems.

The Incident on the M2 Motorway

On Tuesday morning, Sydney man Luke Banndiera filmed an incident while traveling at about 100km/h along the M2 motorway. He told Yahoo News that he was in the car with two others when they saw the Tesla driver appearing to nod off for a few seconds, with his arms across his chest. It appears the Tesla owner was driving with the vehicle’s Full Self-Driving (Supervised) enabled.

The software was enabled locally in September 2025 for eligible Model 3 and Model Y vehicles equipped with the company’s newer Hardware 4 system. At the time of the incident, it was raining, and the Tesla driver was still traveling at high speeds without his hand on the steering wheel.

“We didn’t feel too safe about it,” he said. “That’s why we woke him up. I don’t think it’s the right thing to do, to be honest.”

Authorities Issue Warnings

The incident caught the attention of the authorities, including NSW Police and the NRMA, who on Wednesday issued a stark warning to drivers. Peter Khoury from NRMA said this driving behaviour is “illegal and very unsafe” and can attract a fine of $563 in NSW.

“The laws in Australia do not allow for autonomous driving to take place, and there are good reasons for that,” he told Yahoo. “You have to be in complete control of the vehicle at all times, and to the definition of the law, it is our view that that means you need to drive the car.”

Police Awareness of the Incident

While the incident wasn’t reported to police, they are aware of the video, Acting Superintendent Stephen Templeman from Traffic and Highway Patrol Command said. “Police are aware of a video showing a man allegedly asleep while in a vehicle on the M2 Motorway,” Acting Superintendent Templeman confirmed to Yahoo.

“Officers are unable to establish whether the vehicle was being operated in a driverless mode or if the man was fatigued. Current Australian laws do not allow for the use of driverless vehicles on public roads.”

How Does Tesla’s FSD Function Work?

Yahoo News spoke to CarExpert founder Paul Maric about the incident. He’s tried and tested the driverless feature himself. At first, he questioned the video’s authenticity, pointing out the system is designed to detect inattention and will eventually disengage or bring the vehicle to a stop if it determines the driver is asleep or unresponsive.

“There’s a camera inside the car, and if you’re not watching, such as if you’re asleep, the car will actually pull over to the side of the road and stop, right, and then park,” he explained. There are also visual and audible alerts that begin 30 or so seconds after the car detects inattention.

But Maric did say it’s likely the driver shut his eyes for a few seconds before the alerts were activated.

Tips for Safe Driving

Police reminded drivers to prioritise getting enough sleep before jumping in the car. “Fatigue is one of the major causes of fatal or serious crashes,” Acting Superintendent Templeman said. Drivers must also take regular breaks and “recognise and respond to early warning signs of fatigue.”

By staying alert and following the rules, drivers can help prevent accidents and keep the roads safer for everyone.

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