Is it legal to drive with headphones in Australia?

With the advent of smartphones, driver distraction is becoming one of the most prevalent causes of accidents on Australian roads.

Although texting while driving is a clear no-no, the rules around other smartphone-related behaviours can be less clear-cut – like whether it's illegal to drive while wearing headphones.

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From a small set of AirPods to a massive pair of over-ear mufflers, plenty of road users are choosing to bypass their car's inbuilt audio system by streaming their phone calls and music directly to their ears.

So, is driving with headphones actually legal?

Put simply, yes. But while there is no law specifically banning the use of headphones when driving, there are a few major exceptions.

If you can't hear the road environment, if you're using headphones to take calls on your phone, if you're a learner driver or a P-plater, or if headphones are found to have contributed to a car accident, you might be in strife.

To get the specifics, we approached the police and road authorities in each state for more information.

There is no specific law prohibiting the using of headphones while driving New South Wales, but there is a NSW Road Rule 291 (1) that requires a driver to have proper control of the vehicle, which could come into play if you’re wearing headphones.

If the NSW Police found that a driver’s use of headphones meant they were not in proper control of the vehicle, they could be fined $481 and three demerit points. 

This increases to $603 and four demerit points in a school zone.

Additionally, you may face further penalties if you’re using your phone to make or receive calls or play audio from a mobile phone. 

Under NSW Road Rule 300, mobile phones can only make calls or play audio if they are secured in a mounting affixed to the vehicle, and/or aren’t being held or touched by the driver at any point. 

Drivers wearing headphones while illegally using their mobile phone could face a fine of $362 and five demerit points, which rises to $481 if the offence takes place in a school zone.

Additionally, learner drivers and probationary drivers or P-platers cannot wear headphones to perform call or audio functions with their mobile phone under any circumstances, even if the phone has hands-free functionality.

It is not illegal to wear headphones while driving in Victoria.

However, Victorian road authorities still deem this behavior dangerous and warn it can result in prosecution in certain cases.

For example, if a driver involved in a crash was found to be distracted by headphone use, this could result in penalties.

Additionally, much like in New South Wales, headphone use that’s associated with illegal phone use (i.e. touching or holding your unsecured phone while driving) is strictly prohibited and can attract a penalty of $555 and four demerit points, and up to 10 court penalty units ($1849).

“In Queensland, a driver must always have proper control of their vehicle and drive with care and attention for the safety of other road users,” a spokesperson for Queensland’s Department of Transport and Main Roads told Drive.

“While there are no specific laws prohibiting a driver from wearing headphones while driving, it is up to the driver to ensure they remain in proper control of their vehicle and sufficiently alert to the road environment.

“Drivers who drive while using headphones must ensure they can still hear the road environment to drive safely, for example the sound of sirens from approaching emergency service vehicles or the sound of another vehicle’s horn alerting them to a potential danger.

“Drivers who drive carelessly or without proper control can face fines of up to $575 and three demerit points.

“Learner and P-plate drivers are prohibited from using any function of a mobile phone while driving and this includes using headphones to make or receive calls and listen to music. The penalty for this is $1078 and four demerit points.”

The rules around driving with headphones in South Australia are consistent with other states – it's not specifically prohibited, but can lead to prosecution if headphones are found to have contributed to driver distraction.

"A person must not drive a vehicle without due care or attention or without reasonable consideration for other persons using the road," South Australia's road safety body advises.

"The maximum court imposed penalty for driving without due care is $2500."

Additionally, if a driver's headphone use is seen to be associated with illegal phone use, this could attract penalties.

"The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless the driver is exempt from this rule under another law of this jurisdiction," SA's road safety body states.

"This does not apply to a driver using a mobile phone that is secured in a mounting affixed to the vehicle or is remotely operated by means of a device affixed to the vehicle or worn by the driver in the manner intended by the manufacturer and the phone is not being held by the driver."

Much like in other states, wearing headphones while driving is not specifically prohibited in the Australian Capital Territory, but can still result in fines.

"There are no specific laws that ban wearing headphones while driving, although the police can still fine a driver if they believe the driver is not in full control of their vehicle," an ACT Policing spokesperson told Drive.

There is no specific offence relating to driving with headphones in Tasmania.

Much like in other states, if the wearing of headphones is associated with illegally using a mobile phone, or if it is found to contribute to an accident, this could result in prosecution.

You can read the full list of Tasmania's road rules here.

No, it's not illegal to drive with headphones in Western Australia, according to a spokesperson for WA Police.

As with other states, there are likely to be exceptions if the headphones contribute to driver distraction, or are connected with illegal mobile phone use.

According to the Darwin Traffic team from the NT Police, Fire and Emergency Services, it is not illegal to drive with headphones in the Northern Territory.

You can drive wearing headphones as long as you can maintain proper control of your vehicle and as long as your headphones are not connected to illegal use of a phone while driving.