Silly car question #41: is it illegal to wear headphones when driving?

Wednesday, 29 August 2018

Are you allowed to wear headphones while driving? How about operate an MP3 player, which is rather like a phone that doesn't make calls?

There is little better than blasting the stereo in your car on a good drive. But what if your stereo isn't up to the task - a set of headphone or ear buds are then next best thing, right? But is that legal?

As it turns out, yes it is. But that still doesn't make it a good idea.

Even the loudest music played through a car stereo (an OEM one, at least) won't shut out external sound like headphones can, making it difficult - or even impossible - to hear emergency vehicles and other important sounds around you.

Screen mirroring systems like Apple's CarPlay mean you don't need to touch your phone to control the music on it.

But what about even operating an MP3 player, particularly a touchscreen device like an iPod? After all, that is essentially an iPhone that doesn't make calls.

**READ MORE

It is only legal to make or receive calls if your phone is secured in a mount and handsfree. Not like this.

* How fast should I go on an on-ramp?

* Do you have to indicate at a mini-roundabout?

You can be charged with careless driving even if you don't have a crash, that goes for using an MP3 player, wearing headphones or any number of other distractions.

* How Apple and Google are taking over car infotainment**

Technically you are not allowed to do any of the following with your phone in your hand while driving:

First 'mobile' phone call came from a car in 1948. Probably distracting for the driver and everybody who saw it.

make, receive or terminate a telephone call.
create, send or read a text message or email.
create, send or view a video message.
communicate in a similar or any other way.

You can, however make calls if the phone is secured in a mounting fixed to the vehicle and 'if the driver manipulates or looks at the phone, he or she does so infrequently and briefly.'

But this doesn't specifically apply to other portable electronic devices like MP3 players, or even the music playing capabilities of your phone.

However, there is a catch, as explained by the NZ Police's road policing national manager of operations, Peter McKennie.

'While legislation prohibiting hand held mobile phone use while driving does not specifically extend to other distractions, such as reading documents and use of portable electronic devices, head phones or ear buds, anyone who is not paying attention to driving safely can be charged with the more serious offence of careless driving,' he said.

This applies regardless of whether or not there is a crash, he pointed out, meaning that if a police officer considers you are driving carelessly as a result of operating a portable device or wearing headphones, you can be charged.

McKennie said that behaviours such as looking down while driving, weaving within or across lanes, and inconsistent speeds and following distances are signs for police that people are distracted from where their focus should be while driving.

'Police encourages people to be focussed and attentive behind the wheel and ensure they are not distracted from the task at hand – driving safely,' said McKennie.

'Significant hazards can appear on the road without warning, so a moment of inattention can lead to a tragic outcome. Nobody wants to share the road with a distracted driver.'