Surely someone could argue that listening to music with earbuds is the same as listening through a radio. However, even if this was true both can be illegal if they prevent you from driving properly. It may not be a clear yes that it’s illegal. Still, it’s quite likely that you may be charged with a driving offence.
Road Rules
The main act which applies to NSW is the Road Rules 2014 (NSW). The relevant part is reg 297(1). The act says that you shouldn’t drive a vehicle unless you have proper control of the vehicle. Furthermore, the issue with giving a blanket statement is the types of earbuds. You can buy earbuds which block barely any noise out. Then there are in-ears which cancel out a significant amount of noise. Likewise, there are headphones as well. If you use earbuds, then it can affect your ability to hear other cars including the police and ambulances. This is why music has the same issue on the radio. If the radio is so loud that you can’t hear what’s going on outside your car then reg 297 might also apply. If you are still keen on using earbuds then you should check with a traffic lawyer.
Mobile Phones and earbuds
When listening to music through your phone the law has a very strict policy on no touching. This is in reg 300. This goes into detail about how and what type of fixtures count. The definitions can also catch someone out. For example to have a phone lying on your lap counts as being used. This means you would need to have your phone in either a pocket if it is touching you otherwise, it must be somewhere else.
Learners and P1 & P2
For all learners and provisional licenses using a phone is illegal. This includes using it for handsfree calls and music. This was a new restriction which came in, limiting audio use of phones to full licenses.
Penalty
If someone does listen to music with earbuds in, then they might have to pay a fine. The maximum penalty is 20 penalty units which is $2,200. At that point, it’s up to many factors at play whether you are charged. But it’s not worth risking listening with earbuds in. The solutions that you could use are portable speakers, fixing the radio or only wearing one earbud.
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