In NSW, the driver is responsible for ensuring that all
passengers are wearing seatbelts and are not engaging in any behaviour that may
distract the driver or compromise road safety. However, the driver is not held
directly responsible for a passenger’s use of a mobile phone.
Under NSW traffic laws, it is illegal for drivers to use a
hand-held mobile phone while driving, unless it is being used in a hands-free
manner (e.g., through Bluetooth or voice commands). Passengers, on the other
hand, are generally allowed to use their mobile phones while in a vehicle, as long as they are not causing a distraction to the driver.
However, if a passenger’s use of a mobile phone becomes a
significant distraction to the driver and affects their ability to operate the
vehicle safely, the driver could potentially face penalties. This could fall
under the offence of "negligent driving" or "driving without
proper control," depending on the circumstances. It should also be noted
that it is an offence for any screen of a mobile phone or another device
(including laptops, iPad etc) to be visible to a driver or that would otherwise
be a distraction to the driver, pursuant to Regulation 299(1) of the
Road Rules 2014 (NSW)
Are there any exceptions
to this rule?
The short answer is, Yes. Regulation
299(2) of the Road Rules 2014 (NSW) notes:
(2) This rule
does not apply to the driver if–
(a) the
driver is driving a bus and the visual display unit
is, or displays, a destination sign or other bus sign, or
(b) the
visual display unit is used as a driver’s aid and either–
(i) is an integrated part of the vehicle design,
or
(ii) is
secured in a mounting affixed to the vehicle while
being used, or
(ba) the visual display unit is a mobile data terminal
fitted to a police vehicle or an
emergency vehicle, or
(c) the
driver or vehicle is exempt
from this rule under another law of this jurisdiction.
Examples of
driver’s aids :
1 Closed-circuit
television security cameras.
2 Dispatch
systems.
3 Navigational or
intelligent highway and vehicle system equipment.
4 Rearview
screens.
5 Ticket-issuing
machines.
6 Vehicle monitoring devices.
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*This article
correctly reflects the Laws of NSW as at 31st
October 2023.
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