If you drive an older car or simply don’t care much for your car’s stereo system, it’s easy to see why you just wear headphones when you jump into your car.
- Technically, it’s legal to drive with headphones, earphones or earpads
- Car driving rules can be violated if you are distracted
- Some jurisdictions consider it unsafe
We all lead busy lives and if you don’t have to worry about plugging your phone in or waiting for the audio system to boot up and recognize your device, or maybe your media system crashes and switches to a podcast despite the fact that you’re only listening to an album – in some cases, it makes sense to just wear or wear headphones or plug them in.
Is it safe? That’s a questionable question and a matter of controversy between states and territories in Australia, given the different approaches to headset use and the potential impact it could have. caused to your driving.
Some noise-cancelling headphones are exceptional – you may not hear the truck horn to warn you that the driver can’t stop. Or perhaps the Daft Punk track you’re following is too loud for you to hear cyclists or pedestrians trying to get your attention.
It comes down to common sense, really. And yes, you can be the type of driver who plays music as loud as possible on the speakers, but that can also be pretty unsafe.
If you can’t really hear what’s happening outside your car, you won’t be able to react in time to various situations. And that could mean the difference between a near miss and an actual accident.
That’s why – if headphones, earbuds or earbuds distract you and, conversely, they limit your control over your vehicle, you could be in trouble. conflict. And if you are a Learner (L license) or provisional license (P license) you can basically forget about it – in general, the rules state that holders of this license are not allowed to wear headphones or any other audio transmission device while driving (phones are prohibited, so that 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 are not violating NSW Road Rule 291 (1), which requires drivers to operate the vehicle properly.
If you are fined for failing to control your vehicle, you will be considered for three demerit points and fined $481. Getting caught in an active school zone can result in a four-point deduction and a $603 fine.
Don’t even think about tapping your phone to skip the ads in your podcast — unless it’s in a suitable stand or mount, attached to a car. The fines for cell phones are huge (five minuses, up to $481) and if you’re caught doing both, you could have your license revoked.
Victoria
In Victoria, you can wear headphones while driving, but the government takes a dim view of this practice. If you are involved in an accident or are found to be not in proper 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 driving tasks.”
Queensland
Many of the same rules here – wearing headphones or earphones isn’t illegal, but be aware of your surroundings and make sure you’re in control of your vehicle.
If you are found to be out of control or careless driving, you can be fined and fined three points plus a fine of up to $575.
Western Australia
It’s legal to drive with headphones in WA, but as in other states, you’ll need to maintain control of the vehicle. If you are deemed uncontrollable and your tune is the cause of that, you may be fined.
South Australia
As with other states, it is not illegal to wear headphones and drive. But again, it is considered by the distracted driving law, which in SA states: “A person must not drive without proper care or attention or without reasonable consideration for others on the street.”
If you are found driving contrary to that, you could face a court-imposed penalty of up to $2500.
tasmania
It’s legal to wear headphones and drive on the Apple Isle, but there’s still plenty of room for interpretation (or possibly misinterpretation) when it comes to cell phone usage rules in Tassie.
Official rules state that if you: “Drive with a mobile phone (when moving or stationary, but not parked) except to make or receive calls from a landline phone or not forced to touch”, you could be fined $346 and three downsides. But note that there is no mention of music or using the phone for anything other than calls. Maybe worms? Ability.
Like other states, if you are found to be out of control of your car due to the use of headphones, you could be fined $173. No downside, though.
ACT
The nation’s capital allows you to wear headphones, headphones or earbuds and drive. But again, the law requires you to maintain control of your vehicle.
Northern Territory
In NT, the rules are basically the same everywhere else. You can wear a headset, as long as you don’t do so using your phone illegally and you make sure you’re driving.
Not intended as legal advice. Check with the relevant road authority in your state or territory.
