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NSW Using Headphones Learner

Discussion in 'Politics, Laws, Government & Insurance' started by kirkworm, Jan 23, 2015.

  1. Hi there, what is the law about using headphones on a learners in NSW? In the hand book it says

    Mobile Phones
    You must not use any function of a mobile phone, including hands free or loudspeaker devices when riding.

    Are you allowed to use you mobile as a gps and use the headphones for directions? Can you use a mobile for music? Are you allowed to use a MP3 player? I have try searching but could not find anything. Thanks
  2. I"m not up to date on the legal aspects of learners riding with headphones and having music piped in to their ears.

    However, I do think that as a learner you have enough to concentrate on without having said music piped in to said ears.
    • Agree Agree x 2
  3. I'm in Victoria, but the rules are worded pretty much the same. I was told by instructors that you were not allowed to use the phone in any way.
    "Hands free" and "Loudspeaker" are all essentially the same as headphones. So I don't see why there'd be an exception for a cord running from your phone.

    It's really annoying actually. I don't care about music, but I don't want to pay the crazy price they want for a motorcycle GPS unit, would rather just have Google Maps screaming in my ear when I'm coming to a turn.
    I feel like being lost and having to pay attention to sometimes barely visible street signs is more distracting.
  4. I don't care about the music or will I use it, I want to know about the gps. I was asking about the music with an MP3 player because it says nothing about it in the NSW hand book.
  5. As my post above said, they treat it the same if what I've been told has been correct. Wife's a cop and she agreed with what instructors said, although she has a habit of not knowing and just telling me everything is wrong and I should feel bad for breathing.

    The sad part is, in Victoria at least, the same rules apply for P's, and we're on it for 3 years these days.
  6. 300–1 NSW rule: use of mobile phones by drivers who are holders of learner and provisional P1 licences

    (1) The driver of a vehicle (except an emergency vehicle or police vehicle) who is the holder of a learner licence or provisional P1 licence must not use a mobile phone, whether or not held by the driver, while the vehicle is moving or is stationary but not parked.

    Rule 300(4) defines 'use' in relation to mobile phone as including:

    (a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle,
    (b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone,
    (c) turning the phone on or off,
    (d) operating any other function of the phone.
    (empasis mine)

    Seems like the GPS, music, etc would all fall within para (d) of that definition, so no-go.

    Doesn't say anything about dedicated MP3's and GPS's, though.
  7. That implies it's all good as long as you're not physically touching the device, but yeah I take it these are different to the motorcycle rules (handsfree/loudspeaker = naughty).
  8. I've always been confused as to how the law can differentiate between my touch screen nav in my car or my phone in a cradle (one is illegal to use, one is not).

    I guess from a law perspective it is hard to control absolutely everything but the day they took away a level of discretion and went word for word with regard to what the law states is the day everything became blurred.

    If in doubt, don't do it.
  9. I guess one is a dedicated GPS device. The other can receive phone calls, pop up text messages, display facebook and <billion other distracting things a phone might do>.
    I mean if an app pops up something annoying over the top of the map or sound over the top of the directions you will need to fiddle to bugger it off.

    Phone GPS through headphones would probably be "ok" if your phone didn't also ring in the headphones and allow you to take calls etc. There's no way the police could tell you were only using the GPS function.
    I get it, it's just frustrating.
  10. The definition of 'use' is inclusive, so even if you could operate a phone's GPS entirely by voice, that would still come within paragraph (d) of the definition.
  11. It's pretty simple really. Regardless of riding or driving, Learners and P1's can't use a device for anything if that device can make/receive phone calls.

    If you are using earphones that are plugged in to a MP3 player then it is fine. It's just like listening to the radio in a car
  12. I ride with headphones , at a reasonable level (mainly to drown out the wind noise), plugged into an ipod nano.

    The rules state no mobile phone usage, period.. Until i get pulled over and told otherwise I will continue to use the ipod.
  13. #13 kirkworm, Jan 23, 2015
    Last edited: Jan 23, 2015
    Okay, thanks. They need to fix up the handbook. I guess I'll use my old gps then and see what happens. Thanks for the answers.
    • Like Like x 1
    • Funny Funny x 1
  14. My old car's touch screen could receive text messages, calls, display items on my phone and play a DVD... It can amost do more than my iPhone!
  15. It is really not that hard. Don't use a phone. Period.
    • Agree Agree x 2