If you drive an older car or don’t pay much attention to your car’s stereo system, it’s easy to see why you only wear headphones when you get in the car.
We all have busy lives, and if you don’t have to worry about plugging in your phone or waiting for your audio system to boot up and recognize your device, or maybe you have a multimedia system that’s difficult to find, error and switch to podcast despite the problem. the fact that you just listened to an album.
- Technically, it is legal to drive with headphones, earbuds, or ear cups
- Rules around car control can be breached if you are distracted
- Some jurisdictions consider it unsafe
In some cases, it may seem reasonable to just leave your headphones on or put them on, but is it safe?
That part is questionable and a source of controversy for states and territories in Australia, as there are different approaches to headphone use and its potential impact on your driver.
Noise-canceling headphones are exceptional, but you may not be able to hear the truck horn that warns the driver that he can’t stop. Or perhaps the AC/DC music you’re listening to is so loud that you can’t hear the cyclist or pedestrian trying to get your attention.
It really follows common sense. And yes, you might be the type of driver who plays music as loud as the speakers can pump out, but that can also be quite unsafe.
If you can’t actually hear what’s happening outside your car, you won’t be able to react promptly to different situations. And that can mean the difference between a near miss and an actual accident.
That’s where it comes down to – if your headphones, earbuds or earbuds are distracting and they limit the amount of control you have over your vehicle, you may be in conflict.
And If you’re a Learner Driver (level L) or a provisional license holder (level P), you can basically forget about it. – in general, the rules state that it is not allowed for holders of this license to wear headphones or any other audio transmitting device while driving (phones are banned, so this makes sense) .
Below is a summary of the differences between Australian jurisdictions.
New South Wales
In NSW, you can listen to music directly into your ears while driving, as long as you do not breach NSW Road Rules 297(1), which requires drivers to operate their vehicles sensibly.
If you get a ticket for not having control of your vehicle, you’ll face three demerit points and a $481 fine. If caught in a school zone, you could be charged with four offenses and fined $603.
Don’t even think about touching your phone to skip ads in your podcast – unless it’s in a suitable, car-mounted holder or mount. The fines for cell phones are huge (five demerit points, up to $481) and if you’re caught doing both, you could end up losing your license.
Victoria
In Victoria, you can wear headphones while driving, but the government takes a dim view of the practice. If you are involved in an accident or are found to be not in good control of your vehicle, you may be prosecuted.
Victoria Police posted on its Facebook account: “It is not illegal to wear headphones while driving. However, we strongly advise against doing so as it may affect your ability to concentrate fully on the task of driving.”
Queensland
Many of the rules are similar here – it’s not illegal to wear headphones, but be aware of your surroundings and make sure you can control your car.
If you are deemed to be out of control or driving carelessly, you could be fined and given three demerit points and a fine of up to $619.
Western Australia
Driving with headphones in WA is legal, but as with other states, you need to maintain control of the vehicle. If you are found to be out of control and your tone is to blame, you could be fined and fined.
South Australia
As in other states, it is not illegal to wear headphones and drive. But again, it is considered under distracted driving laws, which in SA state: “A person must not drive without due care or attention or without due care or attention. to others on the road.”
If you are found to be driving contrary to such regulations, you could face a fine of up to $2500 imposed by the court.
Tasmania
It’s legal to wear headphones and drive in the Apple Isle, but there’s still plenty of room for interpretation (or maybe, misinterpretation) when it comes to mobile phone usage rules in Tassie and how they apply in this situation.
The official regulations state that if you: “Drive with a mobile phone (when moving or stationary, but not parked) except to make or receive calls from a mobile phone that is securely attached or does not require touch”, you could be fined $346 and three disadvantages.
But note that there is no mention of music or using the phone for anything other than calling. Maybe worms? Ability.
Like other states, if you are found to be unable to control your car for using headphones, you could be fined $173. There are no downsides, though.
ACT
The country’s capital allows you to wear headphones, earbuds or headphones and drive. But again, the law requires you to maintain control of your vehicle.
Northern Territory
In the New Testament, the rules are basically the same as everywhere else. You can wear headphones, as long as you do not use your phone illegally and ensure that you are in control of the vehicle.
Not intended as legal advice. Check with the relevant roads authority in your state or territory.
