Mythbusting: Is it Illegal to Drive with Headphones?
Last updated 13 Mar 2023
In an age where we’re all attached to our devices, it’s unsurprising that many of us struggle to be without our phones for any stretch of time.
While there are very few places that prohibit us from using our devices, a car is one of them. In Australia, it is illegal to touch your mobile phone while driving. This means no texting, dialling, searching, scrolling or capturing images.
You might be wondering if tuning into your favourite playlist via your mobile device is also banned.
It’s certainly legal to connect your device to your car radio via bluetooth and listen that way. However, if you can’t connect your device to your car or you’re hassled by connecting, disconnecting and reconnecting as you hop in and out of your car, you might be tempted to use your headphones instead.
But given we know the use of mobile devices while driving is prohibited, is it illegal to drive with headphones?
Technically, no, it isn’t illegal to drive with headphones. Below, we share what you need to know.
Is it Illegal to Wear Headphones While Driving in Australia?
So, is it illegal to drive with headphones?
No, it’s not illegal to drive with headphones in if you have your full licence. There are currently no specific laws banning the use of headphones while driving.
However, if you lose control of your vehicle due to the use of headphones, you can still be fined for driving with them.
Can You Wear Headphones While Driving?
If you are a fully-licenced driver, you are allowed to wear headphones while driving; it is technically legal to drive with headphones in.
However, you must have your phone secured in a commercially-made fixed mount that doesn’t obscure your vision or require you to hold your device in your hand or lap. It is also against the law to have your phone sitting in the centre console.
If you’re a Learner or Probationary driver (L or P Plater), you’ll know that you are prohibited from using your mobile device in any capacity while driving.
So, you cannot use your phone for navigation, calls or to listen to music.
Therefore, it is illegal to use headphones while driving on your L or P plates.
Headphones While Driving: The Dangers
While it isn’t explicitly illegal for fully licensed drivers to wear headphones while driving, this action still poses several risks for the driver, passengers and other road users.
It’s vital for drivers to be alert while on the roads. Complete focus is required for a driver to appropriately respond to road hazards and signals.
Distractions, like headphones that emit loud music, can interfere with a driver’s ability to adequately control the car and assess their surroundings for hazards. Wearing noise-cancelling headphones is particularly dangerous, as you may not be able to hear sirens, horns and other auditory signals.
Studies have proven that taking your eyes off the road for just a few seconds or engaging in wireless tasks (including listening to music via headphones) increases your risk of getting into a road accident.
In Australia, there are rules stating that a driver must have proper control of the car at all times. If a driver is seen to lose control of the car due to distractions — like loud music blaring through headphones — they are at risk of being fined.
While you won’t be fined for the act of wearing headphones while driving, if listening to music via headphones causes you to drive unsafely, you could incur a fine.
Can You Wear Bluetooth Earphones While Driving?
We now know that it isn’t illegal to drive with headphones, but what about wireless earphones?
If you’re a fully licensed driver, it isn’t illegal to drive with bluetooth earphones, provided you do not touch your phone and you keep it locked away or mounted correctly.
However, it is illegal for L and P platers to use wireless bluetooth earphones while driving. Remember, when on your L and P plates, you are prohibited from using your device in any way or form.
It’s important to note that this rule may change with time. Bluetooth earphones are relatively new on the market, so there is currently discussion around whether or not wireless headphone use counts as device use.
As is the case with headphones, if earphones are seen to have contributed to any accidents or road incidents you’re involved in, you will likely still be fined.
Driving with Earphones or Headphones | It’s Better to be Safe Than Sorry
Let’s recap.
Is it illegal to drive with headphones? No, it is not illegal to drive with headphones or earphones when you’re on your full licence, but you’ll need to have your phone stored away or sitting in a commercially-made mount.
It is also illegal to touch your phone while driving. If you lose control of your vehicle and it is determined that headphone use is the cause of the incident, you may still be fined.
If you are an L or P plater, it is illegal to drive with headphones or earphones. You mustn’t use your device in any way while driving, meaning you cannot use your phone for navigation, messaging, calling or listening to music.
Ultimately, driving with headphones does pose a risk to your safety and the safety of other road users. Headphones are distracting and can interfere with your ability to accurately assess road hazards.
Our recommendation? Listen to some tunes via your car radio. It’s always better to be safe than sorry.
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