Test yourself
The order of priority - who actually goes first
When two drivers reach an intersection at the same time, work through this order and you will almost always have your answer. First, signals and signs decide everything: a red light, a stop sign or a give way sign overrides the default rules, so if you face one, you give way. Second comes the shape of the intersection: at a T-intersection the road that ends gives way to the road that continues straight through, and at an unmarked cross intersection you give way to any vehicle on your right. Third, cutting across all of that, is the turning rule: if you are turning right you give way to oncoming vehicles going straight ahead or turning left. Finally, whenever you turn at an intersection you give way to pedestrians crossing the road you are turning into. The trap is stopping at the first rule that seems to fit. A driver turning right at a T-intersection has to satisfy both the T-intersection rule and the right-turn rule at once. Read the whole intersection, not just the first sign you see.
Give way to the right at an unmarked intersection
The famous "give way to the right" only applies in one specific place: an intersection with no traffic lights, no stop or give way signs, and no roundabout - and it is a cross intersection, not a T. These are common on quiet suburban streets. Here, under the Australian road rule, you give way to any vehicle approaching from your right. Many learners believe this rule applies everywhere and try to use it at signed intersections, which is wrong and dangerous - signs and signals always win. It is equally wrong to assume the driver on your right knows the rule, so treat an unmarked intersection with caution regardless of who has priority. If you and the car on your right arrive together, you are the one who waits. Slow right down on approach so you have time to judge the gap and, if needed, stop completely.
T-intersections: the road that ends gives way
At a T-intersection, the road that ends - the terminating road, the stem of the T - gives way to the road that keeps going straight through, the continuing road. This is a give-way rule in the Australian Road Rules and it applies even with no signs at all. So if you are on the terminating road and want to turn left or right onto the through road, you give way to every vehicle on that through road, from both directions, including any that are turning. A frequent mistake is thinking the wider, faster or "main-looking" road automatically has priority. It usually does, but only because it is the continuing road - not because it is bigger. Watch too for a give way or stop sign, often added to a T-intersection: if it is there, obey it, but the outcome is the same - the terminating road waits. Turning right off the terminating road is the hardest version, because you must give way to traffic from your right, traffic from your left, and any oncoming vehicle turning into your road.
Turning right is the give way most learners fail
More test faults come from the right turn than from any other give way. The rule is simple to state and easy to get wrong under pressure: when you turn right across the path of oncoming traffic, you give way to any oncoming vehicle that is going straight ahead or turning left. It does not matter that you arrived first or that you have been waiting a long time - the straight-through driver goes first. This applies at traffic lights on a green light (not a green arrow), at intersections, and when turning right into a driveway or side street. You must also give way to pedestrians crossing the road you are turning into. When two oncoming drivers both want to turn right, neither has automatic priority; unless the intersection is marked otherwise, move only when your path is genuinely clear. The safe habit is to creep forward with your wheels straight, watch the oncoming stream, and complete the turn only when there is a real gap.
Driveways, slip lanes, U-turns and emergency vehicles
Give way rules reach well beyond intersections. When you leave a driveway, car park, service station or any private property and enter a road, you give way to all traffic on that road and to pedestrians on the footpath you cross - you are joining, so you wait. In a left-turn slip lane you give way to traffic in the lane you are merging into and to pedestrians. When making a U-turn you must give way to all vehicles and pedestrians, because you are crossing everyone else’s path. And whenever a police car, ambulance or fire truck is sounding a siren or flashing lights, you must move out of its way and give way, even if that means stopping - do it safely and only when you can. Buses matter too: in a built-up area with a speed limit of 70 km/h or less, you must give way to a bus signalling to pull out from the left, as long as you can do so safely.
What "give way" legally means
"Give way" has a precise legal meaning under the Australian road rule, and it is not the same as "look and keep rolling." If you are already stopped, it means stay stopped until it is safe to proceed. In any other case, it means slow down and, if necessary, stop to avoid a collision. So a give way sign does not always require a full stop - but it always requires you to be able to stop, and to actually stop if a stop is what safety needs. That is why examiners fail a driver who coasts through a give way line at speed without scanning: even with a clear road, they were not in a position to give way. Approach every give way situation slowly enough that stopping is a real option, look both ways properly, and only then decide to go. Penalties for failing to give way - the fine and the demerit points - vary between states and territories, so confirm the current figures with your state road authority.
Common mistakes learners make
- Treating "give way to the right" as a universal rule. It only applies at an unmarked cross intersection - not where lights, signs, a T-intersection or a roundabout already set priority.
- Turning right and assuming you go first because you arrived first or waited longest. Oncoming vehicles going straight ahead or turning left always have priority.
- Rolling through a give way sign at speed. Give way legally means being ready to stop, and stopping if safety needs it - not just glancing and continuing.
- Forgetting pedestrians. When you turn at an intersection you must give way to people crossing the road you are turning into, including on a green light.
- Assuming the bigger or busier road always has priority at a T-intersection. What matters is which road continues through and what any sign says, not road width.
- Freezing when two opposing drivers both want to turn right. Neither has automatic priority - proceed only when your path is genuinely clear.
Check the official source before you rely on this
Rules and pass requirements are set by each state and territory road authority and can change. Always confirm the current details with the official source for your state — Transport for NSW, VicRoads (Victoria), Queensland Transport, or the equivalent authority where you live. This page is a free study guide, not a substitute for the official handbook.
Last verified 4 September 2026 against the Australian Road Rules and your state road authority. Rules, fees and figures change. Always confirm current details with your state road authority before you rely on them.
More road rules
Keep going — these road-rule topics come up on the test too.
Intersection rules
Australian intersection and traffic light rules explained: what red, amber and green really…
Keeping left rule
Keep left unless overtaking, explained for Australian drivers: when the right lane is…
Level crossing rules
Australian railway level crossing rules for learners: when to stop, flashing lights and…
Mobile phone rules
Can you touch your phone at red lights? What can’t L and P…
Overtaking rules
How to overtake safely and legally in Australia: when it’s allowed, which side…
All road rules
Every road-rule topic, grouped by theme.
Frequently Asked Questions
- Does "give way to the right" apply at every intersection?
- No. It only applies at an unmarked cross intersection, meaning one with no traffic lights, no stop or give way signs and no roundabout. Where there are signals, signs, a T-intersection or a roundabout, those rules decide priority instead, because signs and signals always win over the default right-hand rule.
- When I am turning right, who has to give way?
- You do. When you turn right across the path of oncoming traffic, you give way to any oncoming vehicle going straight ahead or turning left, even if you arrived first or have been waiting a long time. You must also give way to pedestrians crossing the road you are turning into, and this applies at a green light (not a green arrow), at intersections, and when turning into a driveway or side street.
- Does a give way sign always mean I have to stop?
- No. Under the Australian road rule, give way means slow down and stop only if necessary to avoid a collision, and if you are already stopped it means stay stopped until it is safe to go. But you must always be able to stop, and actually stop if safety needs it, which is why examiners fail a driver who coasts through a give way line at speed without properly scanning even when the road looks clear.