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If you’ve ever left your car unlocked while running into a shop or grabbing a coffee, you may have unknowingly broken the law, and the fine could be more than you bargained for. In New South Wales, a little-known road rule makes it illegal to leave your car unattended and unsecured, with penalties ranging up to $2,200. This article explores the legal basis for the rule, why it exists, and what drivers need to know to avoid falling foul of it.

What the law says

The relevant provision is Regulation 213 of the Road Rules 2014 (NSW). It requires drivers to take specific precautions when leaving their vehicle unattended including:

• Turning off the engine
• Removing the ignition key (unless exempted)
• Winding up windows (to within 2 centimetres) and
• Locking the doors

The rule kicks in once a driver is more than 3 metres away from the vehicle. At that point, the law considers the vehicle “unattended” and the obligation to secure it applies.

Failing to comply with this regulation typically results in an on-the-spot fine of around $120. However, if the matter proceeds to court for example, if the driver contests the fine and is unsuccessful, the court can impose a maximum penalty of $2,200.

Why does this law exist?

Though often overlooked, the rule has real-world justifications grounded in both public safety and crime prevention.

1. Deterring vehicle theft

An unlocked car, or one with its windows rolled down, is an easy target for opportunistic thieves. A secured vehicle deters crime and reduces the risk of loss or damage.

2. Preventing dangerous situations

An unattended, running vehicle could be inadvertently set in motion by a child, for example or used in a criminal act. Requiring that vehicles be switched off and locked reduces the risk of unintended consequences.

3. Encouraging personal responsibility

The rule reinforces the idea that drivers must take reasonable steps to safeguard their own property. It’s a statutory reminder that even minor negligence like leaving a window too far open can lead to broader harm.

What counts as ‘secured’?

The legislation spells out the standard: doors must be locked, and windows closed unless opened by no more than 2 centimetres. This small allowance is a concession to the reality drivers may need to leave a window slightly ajar. Many people are shocked to learn they can be fined for something as simple as leaving a window slightly too far open. Nonetheless, enforcement does happen.

Enforcement in practice – how likely is it that you’ll be fined?

While some police officers may exercise discretion and issue a warning, enforcement has increased as councils and law enforcement focus on reducing theft and antisocial behaviour in high-traffic areas. Local councils like Camden, where CCTV caught thieves targeting unsecured vehicles, have promoted awareness campaigns around this rule.

The NSW Police and local council rangers are both authorised to issue fines under Regulation 213. In some areas, enforcement is aided by surveillance or patrols near busy commercial zones, parks, or public transport hubs where drivers are most likely to duck away from their car quickly and forget to lock up.

Challenging the fine?

Drivers who receive an infringement notice may elect to have the matter heard in court. However, unless there is clear evidence that the vehicle was, in fact, secured, the court may have little choice but to uphold the penalty and this will likely involve an even greater fine.

One specific legal defence is provided in the regulation itself: if a window is left open by less than two centimetres, no offence is committed. But this defence is very narrow and can be difficult to rely on without photographic or video evidence.

Other common arguments such as the law being “illogical” or “oppressive” are unlikely to succeed. NSW courts are bound to apply the legislation as it is written, and public interest in deterring vehicle theft tends to outweigh claims of inconvenience.

There’s also an indirect but important consequence to consider. If your vehicle is stolen while it was left unlocked, your insurer may refuse to pay your claim. Insurers typically require policyholders to take reasonable precautions to protect their property. Leaving your vehicle unattended and unsecured may be treated as a breach of this duty and could void your coverage.

What should drivers do?

The solution is simple but requires forming new habits:

• Always turn off the engine, even if stepping away briefly.
• Remove the key from the ignition.
• Lock all doors, even for quick errands.
• Keep windows closed, or open by no more than 2 cm if necessary.

In an age of push-start engines and keyless entry, it’s easy to forget traditional safety habits like locking up or removing the key. This obscure rule might seem over-the-top at first, but it reflects a broader public interest in reducing preventable crime, promoting road safety, and encouraging individual responsibility. If nothing else, it’s a timely reminder: next time you leave your car, make sure it’s locked up tight. Your wallet will thank you. If you found this article helpful, stay tuned for more in our NSW Road Rules series—where we unpack the little-known laws that could cost you big.

This article was published on 11 February 2026 by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact us page on our website. If you or a loved one has been injured, use our Personal Injury Claim Check now.

Disclosure and important note: This article is based on our own legal research and thinking. Some of its content has been generated with the assistance of artificial intelligence. The authors have checked and approved this article, including the AI generated content, for publication.