Many NSW drivers have experienced the frustration of attempting to overtake a slower vehicle, only to have that vehicle accelerate mid-manoeuvre. While this might seem like common road behaviour, it's illegal and highly dangerous.

Across all Australian states and territories, including New South Wales, the law prohibits drivers from increasing speed while another vehicle is overtaking. Despite these clear guidelines, the practice persists, contributing to risky situations and near-misses on our roads.
A Real Risk on Regional Roads
Instances like this are not rare. In one reported event, a coach driver attempting to pass a car towing a caravan was nearly forced off the road when the car accelerated unexpectedly. These encounters can cause panic, endanger both parties, and escalate into high-risk driving conditions, especially on highways with narrow shoulders.
While overtaking, drivers often temporarily exceed the speed limit, which is already a legal grey area. But when the overtaken vehicle accelerates, it forces others to make split-second decisions—sometimes resulting in dangerous swerves or incomplete overtaking.
Why Do Drivers Speed Up?
Experts suggest a range of reasons:
- Inattention: Some drivers are simply unaware they’re speeding up.
- Aggression or entitlement: A small number of motorists see being overtaken as a challenge and intentionally block others.
- Discomfort with being passed: Some drivers feel vulnerable or nervous when other vehicles overtake them.

This behaviour is particularly concerning on regional highways where overtaking opportunities are limited and road shoulders may be unsealed or narrow.
What the Law Says
NSW road rules clearly state that a driver must not increase their speed when being overtaken. This applies to all road users, whether on highways, rural roads or city streets. Despite this, it remains a largely under-policed offence due to the difficulty of catching someone in the act without direct observation.
While there are signs and public campaigns reminding drivers to keep left unless overtaking, enforcement is still a challenge. Police and road safety authorities say increased road visibility and targeted operations remain the most effective way to discourage the behaviour.
The Bigger Picture: Road Safety Culture
Although this particular offence might not directly cause fatalities as frequently as speeding or impaired driving, it still contributes to the broader culture of unsafe road habits. Studies have shown that improving driver courtesy and compliance reduces road stress and enhances safety for all.
In a 2023 RAC survey, drivers listed being blocked during overtaking as one of their top frustrations. Even if it's not statistically a leading cause of crashes, the tension it creates can lead to risky decision-making.

Advice for Drivers
- Never speed up while being overtaken. It’s illegal and puts everyone at risk.
- Be aware of your speed and surroundings. Avoid erratic changes in pace.
- Allow safe passing. If someone is overtaking, maintain a consistent speed or ease off slightly to allow them to pass.
- Use overtaking lanes when available. Don’t sit in the right lane unless you're overtaking.
Road safety is a shared responsibility. Small changes in behaviour, like respecting overtaking rules, can help reduce risks and make NSW roads safer for everyone.

