As a passenger, you may easily answer this question. “Well, I’m not driving, so I can use my phone”. Unlike passengers, drivers should not use their mobile phones while driving. Mobile phone usage while driving is a grave traffic offence. But can a front seat passenger use a mobile phone all the time?
This will depend on certain circumstances. Let’s use an example that most passengers have experienced. Sometimes drivers will rely on passengers for a lot of things, like:
- Navigation
- Conversations to keep them awake while driving
- Receiving calls for them
- Look out for incoming cars if the driver is not attentive enough
A sensible driver wouldn’t even think about scrolling through their phone while they’re driving. Regardless of a driver’s reason to use their phone, they should not forget their responsibility behind the wheel. If not, they can face heavy penalties for it.
Now, let’s find out more answers to the question “Can a front seat passenger use a mobile phone?”
| Key Takeaways – In Australia, front seat passengers are generally allowed to use their mobile phones while a vehicle is in motion. However, there are some restrictions in place, such as the phone cannot be held in the driver’s hand or obstruct the driver’s view. – Drivers are prohibited from using hand-held mobile phones while driving, and from using any mobile phone while driving in a school zone. – The penalties for illegal mobile phone use while driving can be severe, including fines, demerit points, and even disqualification from driving. – Mobile phone usage can be a relevant factor in traffic law cases, such as when determining liability in a car accident. – Being a passenger doesn’t give you the freedom to be unaware of your surroundings and leave all the responsibility to the driver. Passengers should make sure to help the driver if needed and stay cautious on the road. |
Let’s Start With the Most Obvious Answer
Yes, a front seat passenger can use their phones, as long as they don’t obstruct the driver’s view. Any person with common sense wouldn’t do this. The best thing a front-seat passenger could do is to keep their phones to themselves for the duration of the trip. Did you see the latest showbiz news? What about that one meme you’ve been saving to show to your driver? Save it for later!
There’s a time and place for everything, so make sure not to distract your driver from their responsibility on the road. Most likely, your driver has already assumed that you already know not to do so.
Is There a Law That Backs Up This Answer?
Yes! According to the NSW Government, a passenger can use their mobile phone as long as it doesn’t obstruct the driver’s view. In fact, Section 299 of the Road Rules 2014 prohibits drivers from having any visual display unit or video display unit while they are driving.
This means that even if the passenger is not trying to show the driver what is on the screen, it is illegal if any part of the screen is visible to the driver in the normal driving position. However, this rule does not apply to drivers if:
- The driver is driving a bus, and the screen is displaying a destination sign or other bus sign.
- The screen is used as a driver’s aid and is either built into the vehicle or secured in a mount while being used.
- The screen is a mobile data terminal fitted to a police or emergency vehicle.
- The driver or vehicle is exempt from this rule under another law.
What About Cameras That Detect Mobile Phone Usage?
Mobile phone detection cameras target drivers who are using their mobile phone illegally across NSW, anywhere, anytime. So, if some drivers think they are slick using their phone without patrolling officers around, these cameras will catch them in the act. They can also be caught if they are looking at their passenger’s phone.
Can a Front Seat Passenger Use a Mobile Phone: QLD Laws
Can a front seat passenger use a mobile in Queensland? As mentioned, passengers can use their phones in Australia, Queensland included! In QLD there is no specific rule prohibiting the use of mobile phones by front seat passengers. The closest mobile phone-related law we can provide is that the Queensland government states that passengers of learner and P1 provisional drivers are prohibits the use of a mobile phone’s loudspeaker function.
ABC News also has an article that relates to our topic ‘Can a front seat passenger use a mobile phone?’. Last December 2022, Queenslanders were fined $159 million for using mobile phones or not wearing seatbelts while driving. These offences included:
- More than 170,000 drivers and front-seat passengers caught by cameras, with over 119,000 drivers using their phones illegally; and
- Over 52,000 drivers or front-seat passengers not wearing seatbelts correctly or at all.
When Can a Front Seat Passenger Use Their Phone?
Now, people may ask themselves “When can a front seat passenger use a mobile phone without distracting the driver?” It’s still highly recommended for passengers to avoid using their phones to avoid distracting their driver. However, there may be instances or emergency situations that require a passenger to use their phone.
Here are some safe ways and tips for front seat passengers and drivers in using their mobile phones:
- Use a hands-free device. This is the safest way to use a phone while driving, as it allows you to keep your hands on the wheel and your eyes on the road. This also enables passengers to focus on the road in case they are navigating with their driver.
- If you must use your phone hand-held, do so sparingly and only when necessary. Pull over to a safe location with your driver in case you, the passenger, need to use your phone.
- Be aware of your surroundings and be prepared to put your phone away if needed. For example, if the driver tells you that they need you to look out for a parking spot, then you should put down your phone and help them out.
- Do not use your phone for activities that require your full attention, such as watching videos or playing games.
- If you are using a navigation app, make sure that it is mounted securely. Both drivers and passengers can use a mobile phone for app navigation. Though passengers are generally the ones responsible for dictating directions to the driver for safety reasons. This way, drivers can see the directions without having to take their eyes off the road.
- Use a voice assistant if you also want your focus on the road like your driver. This can help you to make calls, send texts, and control your music without having to touch your phone.
- Activate silent mode or ‘do not disturb’ function on phones.
Your Duty as a Front Seat Passenger
We hope this article has answered the question “Can a front seat passenger use a mobile phone?”. As passengers, we have the duty to not just sit around at a car and let drivers handle car trips. At all times, we should remain self-aware and offer any help to the driver.
Mobile phone usage is a complex and ever-evolving area of law. With the increasing popularity of smartphones and other mobile devices, it is more important than ever to be aware of the legal implications of using them while driving. Yes, mobile phones are extremely helpful for navigating and will continue being so. However, it’s important to know when to use them on the road.
Remember, the car is not your personal room or a lounge area for you to relax all the time. It’s still a place that’s vulnerable to accidents if either the driver or passenger does not practice road safety.
Do You Need a Traffic Lawyer Today?
Have you been caught using your mobile phone while driving? What if you were involved in an accident as a result of mobile phone usage? If so, it is important to seek legal advice from a qualified traffic lawyer. JB Solicitors can help you to understand your legal rights and options, and can represent you in court if necessary. Here are some specific instances where our lawyer can help with mobile phone usage:
- You were caught using your mobile phone while driving and have received an on-the-spot fine or demerit points. We can help you challenge the maximum court-imposed fine or points or reduce the penalty.
- You were involved in an accident as a result of mobile phone usage. Our lawyers can help you with an investigation and claim compensation for your injuries.
- You are a business owner, and you have an employee who has been caught using their mobile phone while driving. Our team can help you manage the situation and comply with your legal obligations.
Contact us today if you have more questions aside from “Can a front seat passenger use a mobile phone?”
Do you want more information about traffic law matters? Below are some of our articles related to traffic offences.
