WHAT WAS CLAIMED
New driving laws are being introduced in Victoria from January 1, 2026.
OUR VERDICT
False. No changes to Victorian driving laws are being introduced from that date.
AAP FACTCHECK - Australian drivers will not face new penalties for speeding and using a mobile phone while driving in early 2026, despite claims on social media.
Posts claim that Victoria is implementing a range of new road rules from January, but authorities have confirmed this is false.
The claims appear in a Facebook video showing a man in a car speaking to a camera.
"The Victorian government is releasing the toughest road laws in decades, but they're not telling anyone about it," he states.
"These laws come into force January 1st next year, 2026.
"If you are 1-10 kilometres over the speed limit, you get double demerit points.
"If you are 20 kilometres over the speed limit, your car may be taken from you on the spot for at least seven days, it's impounded and then you have to go to the court, beg the judge for your car to be returned to you.'
Texting at a red light will lead to a $500 fine and the deduction of four demerit points in the first instance, he states, with a $1000 fine and licence suspension for further offences.
Driving long distances without a break can also result in a fine, he claims.
"Under the new regulations, if you drive more than four hours it is mandatory for you to take a 30-minute rest," the man says.
"Cars built after 2024 have a computer logbook built in the system.
"Now, if you're pulled over by the police, and they suspect you've been driving for more than four hours, they are able to access that computer and feed off the data.
The video was originally posted on TikTok, where it's been viewed more than half a million times.
While penalties already exist for some of these offences, the Victorian government did not make any changes to the fine and demerit point system that came into effect in January 2026.
The Victorian Department of Transport and Planning confirmed to AAP FactCheck that the claims were false.
Driving a car by less than 10km per hour (km/h) over the speed limit in the state can result in a $254 fine and a one demerit point reduction.
Speeding between 10 and 24 km/h over the limit can result in a $407 fine and a deduction of three demerit points.
Penalties, including a $611 fine and the loss of four demerit points, already exist for using a portable device, such as a mobile phone, while driving.
The state also isn't mandating that drivers rest after four hours of driving; however, Transport Victoria does recommend taking a break every two hours or less to reduce fatigue.
AAP FactCheck has previously debunked claims that the federal government was introducing new rules for older drivers, which were based on fake news articles likely created by artificial intelligence.
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