Can a front seat passenger use a mobile phone in the car?

Can a front seat passenger use a mobile phone in the car?

The short answer is yes, it is legal for a front-seat passenger to use a mobile phone in the car while driving in Australia.

But if you are at all familiar with Australia and its strange, arcane and sometimes insane approach to driving laws - we’re looking at you, NSW, with your 90km/h limits, designed to make life hell for L platers - you’ll not be surprised to learn that the slightly longer answer, however, is that there are times when it is also illegal. Allow us to explain.

The key distinction is that the passenger mustn’t allow their device to distract the driver of the car (picture your typical teen in the passenger seat going “Hey, look at this TikTok, it’s so drippy”).

The wording of the legislation varies slightly from state to state (we’ll cover the specifics of each later in this story) but the general thrust is the same across the nation; a passenger can use their phone as long as its screen isn’t visible to the driver.

This means holding up your phone to show the driver a picture, or even navigation instructions, is a strict no-no. Even a brief glimpse at a passenger’s phone is enough to land you in hot water with the police, not to mention the growing number of high-tech mobile phone detection cameras, and the fines are hefty.

Again, the severity of the penalties range between state and territory, but in QLD, which has the harshest fines, you could be hit with $1209, and lose four demerit points.

It pays to have an understanding of how the laws against mobile phone use differ across different states because the wording in some jurisdictions is so broad, you could even be fined if the screen of the passenger’s phone lights up when receiving a notification.

And if it comes down to the discretion of a Highway Patrol officer, well, let’s just say that doesn’t always end well.

So, how do you avoid getting fined for passengers’ phone use while driving? The failsafe way, of course, is simply to turn their phones, and yours, off. But really, this is 2024 – when was the last time you did that? Let’s dive in to see exactly how the law applies to passengers across different states.

New South Wales

NSW recommends passengers answer calls or texts while someone else is driving to ensure the driver isn’t distracted, so clearly the road rules don’t restrict them from using their phones.

“However, if a passenger is using a mobile phone, the screen of the phone mustn't be visible to the driver from the normal driving position,” says the legislation.

If the phone is visible to the driver, the fine is $410 and five demerit points.

Victoria

New laws introduced in Victoria in 2023 dictate that if you are a passenger you “must not pass a portable device to a driver” or “use the device if it is likely to distract the driver”.

Fines for the illegal use of a mobile phone in Victoria are $555 and four demerit points. If the matter is heard in court, the fine can be as much as $1849.

Queensland

Just like other states, there is no specific law preventing front seat passengers from using mobile phones in Queensland. However, fines may apply if the driver is distracted by a passenger’s mobile phone screen.

Section 299 of the Queensland road rules states it is illegal to have a “television receiver or visual display unit” that is “visible to the driver from the normal driving position” or “likely to distract another driver”.

Fines can be as high as $1209 and four demerit points.

South Australia

There are no specific provisions for passengers using mobile phones in South Australia’s road rules, however the general logic of not distracting the driver still applies. SA’s laws dictate “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.”

If caught, drivers face an on-the-spot fine and will lose three demerit points.

Tasmania

Like South Australia, Tasmania’s road laws do not specifically mention passengers in regard to mobile phone use. However, fines may still apply.

Tassie’s laws around hand-held mobile phone use for drivers are just as prescriptive as other states (it’s illegal unless you are parked) and the legislation is equally clear for television receivers and visual display units, which may include mobile phones.

Here the law says “You must not drive a vehicle that has a television receiver or visual display if any part of the image on the screen is visible to you from the normal driving position or is likely to distract another driver.” Penalties include an on-the-spot fine and loss of three demerit points.

Western Australia

WA’s road rules also aren’t specific when it comes to passengers using mobile phones. However, they are incredibly clear about the legality of distracting screens.

“A driver shall not drive a motor vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen is visible to the driver from the normal driving position; or is likely to distract another driver.”

Fines are hefty for drivers caught using their phones while driving in WA and range from $500 and three demerit points for touching or holding a phone, to $1000 and four demerit points for texting, emailing, using social media or making a video call.

ACT/North Territory

Neither the ACT nor the North Territory have specific provisions around passengers using phones while driving, however they are clear that a screen (or visual display unit) must not distract the driver or be visible “from the normal driving position”.

Fines for mobile phone use in the ACT are up to $632 and four demerit points. In the NT the penalty is a $500 fine.