Should you drive an older automotive, or simply don’t care a lot to your automotive’s stereo, it’s easy to see why you’d just keep your headphones on once you jump into the automotive.
All of us have busy lives and when you don’t should worry about plugging your phone in, or waiting for the sound system in addition up and recognise your device, or possibly you’ve got a media system that bugs out and changes to podcasts despite the very fact you were just listening to an album.
- It’s technically legal to drive with headphones, earphones or ear pods
- Rules around automotive control could possibly be contravened when you’re distracted
- Some jurisdictions deem it to be unsafe
It seems reasonable, in some instances, to only leave or your earphones on or your earbuds in, but is it protected?
That the questionable part, and it’s a bone of contention for states and territories in Australia, as there are differing approaches to headphone use and the potential impact it could have in your driving.
Noise-cancelling headphones are exceptional but you mightn’t hear a truck honking to warn you that the motive force can’t stop. Or perhaps that AC/DC track you’re jamming to is simply too loud so that you can hear a cyclist or pedestrian attempting to get your attention.
It comes all the way down to common sense, really. And yes, you may be the type of driver who has their music up as loud because the speakers can go, but that might even be pretty unsafe.
Should you can’t really hear what’s happening outside your automotive, you’ll be able to’t react to different situations as promptly. And that might mean the difference between a near-miss and an actual accident.
That’s the kicker – in case your headphones, earpods, or earbuds are distracting you, they usually in turn limit the extent of control you’ve got over your vehicle, then you could possibly be in strife.
And when you’re a Learner driver (L-plater) or Provisional licence holder (P-plater), you’ll be able to mainly forget it – the foundations, by and enormous, state that it’s not okay for these licence holders to wear headphones or every other audio-transmission device while driving (phones are banned, so it is sensible).
Here’s a rundown of the differences between the Australian jurisdictions.
Latest South Wales
In NSW you’ll be able to have your music playing directly into your ears while driving, as long as you don’t break NSW Road Rule 297 (1), which requires a driver to have proper control of the vehicle.
Should you were booked for not having control of the automotive, you’d be three demerits and a $481 high-quality. Get caught in an lively school zone, and you could possibly be at 4 demerits and a $603 high-quality.
Don’t even consider touching your phone to skip the ads in your podcast, either – unless it’s in an appropriate cradle or mount, attached to the automotive. Cell phone fines are huge (five demerits, as much as $481), and when you’re caught doing each, you could possibly be in licence-loss territory.
Victoria
In Victoria you’ll be able to have headphones on while driving, however the authorities take a dim view on the act. Should you were to be involved in an accident or were found to be lacking proper control of your automotive, you could possibly be prosecuted.
Victoria Police posted on its Facebook account that: “It just isn’t illegal to wear headphones when driving. Nevertheless, we strongly advise against it, as it may possibly affect your ability to totally deal with the duty of driving.”
Queensland
Much the identical rules here – it’s not illegal to wear earphones or headphones, but concentrate on your surroundings and ensure that you’ll be able to keep your automotive under control.
Should you’re deemed to be uncontrolled or driving carelessly, you could possibly be booked, and hit with three demerits and a high-quality of as much as $619.
Western Australia
It’s legal to drive with headphones in WA, but as with other states, it is advisable to maintain control of the vehicle. Should you’re deemed to not be on top of things, and your tunes are what’s causing it, you could possibly be booked and fined.
South Australia
As with other states, it’s not illegal to wear headphones and drive. But again, it comes under the consideration of the distracted driving laws, which in SA states: “An individual must not drive a vehicle without due care or attention or without reasonable consideration for other individuals on the road.”
Should you are found to be driving in a fashion that goes against that, you could possibly face a court-imposed penalty of as much as $2500.
Tasmania
It’s legal to wear headphones and drive within the Apple Isle, but there’s a bit more room for interpretation (or possibly, misinterpretation) relating to the cell phone use rules in Tassie and the way they apply in this example.
The official rules state that when you: “Drive using cell phone (when moving or stationary, but not parked) except to make or receive call from phone secured in mounting or not required to be touched”, you could possibly face a high-quality of $346 and three demerits.
But note there’s no mention of music or using the phone for anything apart from calls. Can of worms? Possibly.
Very similar to the opposite states, when you’re deemed to not be accountable for your automotive due to your headphone use, you could possibly be fined $173. No demerits, though.
ACT
The nation’s capital means that you can wear headphones, earphones or earbuds and drive. But again, the laws require you to keep up control of your automotive.
Northern Territory
Within the NT, the foundations are mainly the identical as in every single place else. It’s okay to wear headphones, as long as you’re not doing so by utilizing your phone illegally, and that you just ensure you might be accountable for the automotive.
Not intended as legal advice. Check with the relevant roads authority in your state or territory.
This Article First Appeared At www.carexpert.com.au
