Can my passenger show me something on their mobile phone while I’m driving?

It's just to accidental mobile phones are present inescapable. Serving arsenic our cameras, euphony players, societal connections, speechmaking material, distractions and adjacent directions, it's uncommon to spot idiosyncratic these days without spotting a smartphone determination nearby.

The lone exception, of course, is driving. Using astir functions connected your telephone is strictly forbidden erstwhile you're down the wheel, unless the telephone is appropriately mounted, is being utilized arsenic a driver's assistance and/or tin beryllium operated by the operator without touching immoderate portion of the phone.

But what astir rider telephone use?

Whether it's a spouse sharing directions oregon a person sharing a comic photo, it tin beryllium tempting to concisely glimpse astatine your passenger's telephone portion down the wheel.

So, is this a ineligible grey area? Not truthful accelerated – plentifulness of states person circumstantial roadworthy rules related to rider telephone use.

Here's what you request to know. Is it amerciable to look astatine my passenger's telephone portion driving successful Victoria?

“In short, yes, a operator tin beryllium penalised if their rider shows them thing connected their phone,” a spokesperson for Victoria Police told Drive.

New Victorian roadworthy rules introduced successful 2023 expressly authorities that drivers indispensable not: “look astatine the show of a instrumentality being operated by different idiosyncratic successful the vehicle, walk a portable instrumentality to a rider or, if a passenger, walk a portable instrumentality to a driver.”

The punishment is 4 demerit points and a $545 fine.

In New South Wales, passengers are permitted to look astatine a telephone surface lone if it is not “visible to [the driver] from the mean driving position” oregon capable to “distract different driver”.

If the telephone surface is deemed to beryllium disposable oregon distracting to the driver, the associated punishment is simply a $352 good and 5 demerit points.

In Queensland, it is amerciable to thrust with a ocular show portion disposable to the operator – this includes mobile phones and applies to passengers.

“This regularisation applies to passengers holding a telephone for the operator to see, arsenic good arsenic a telephone successful a cradle, displaying contented specified arsenic pictures oregon video,” a spokesperson for Queensland Transport and Main Roads told Drive.

“Drivers look a $199 good and 3 demerit points if breaking this rule. Exemptions use if the telephone is being utilized arsenic a operator aid, specified arsenic a navigation app.

“Learner and P1 licence holders aged nether 25 years indispensable not run immoderate relation of a mobile phone, adjacent successful handsfree mode. 

“Depending connected the circumstances, they whitethorn look further penalties of up to $1078 and 4 demerit points if operating a telephone held by the rider oregon successful a cradle. For example, utilizing dependable controls.”

Much similar different states, South Australia's roadworthy rules dictate “the operator of a conveyance indispensable not usage a mobile telephone portion the conveyance is moving, oregon is stationary but not parked”, unless it is securely mounted, being utilized arsenic a driver’s aid, and tin beryllium utilized without the operator touching immoderate portion of the phone. 

While SA doesn’t person a circumstantial proviso for rider telephone use, a operator whitethorn inactive beryllium penalised.

“Whilst the operator successful the script beneath does not fulfil requirements nether usage of mobile phone, Police whitethorn see utilising different authorities disposable to them depending connected the script and circumstances,” a spokesperson for South Australia Police told Drive.

"For example, if the operator was progressive successful an mishap arsenic a effect of the operator being distracted by looking astatine the mobile phone, constabulary whitethorn see investigating utilising [careless driving legislation].”

When asked whether drivers are permitted to look astatine their passenger's telephone successful the Australian Capital Territory, we received the pursuing effect from an ACT Police spokesperson:

"It is an offence. It comes nether the proviso for not paying owed attraction and attention. Fine is astir $200."

In WA, the roadworthy rules aren’t circumstantial astir rider telephone use, but stipulate that immoderate surface successful the car cannot beryllium disposable to the driver.

WA laws decree: “A operator shall not thrust a centrifugal conveyance that has a tv receiver oregon ocular show portion successful oregon connected the conveyance operating portion the conveyance is moving, oregon is stationary but not parked, if immoderate portion of the representation connected the surface is disposable to the operator from the mean driving position; oregon is apt to distract different driver.”

The NT roadworthy rules are successful enactment with different states and decree that a operator indispensable not person a ocular show oregon tv receiver successful the car if immoderate portion of the surface is disposable to the operator from the mean driving position, oregon is apt to distract different driver. 

This lone applies to screens that aren’t securely mounted and/or being utilized arsenic driver’s immunodeficiency – truthful it would use to rider telephone screens. 

The associated good is $500 and 3 demerit points. 

Tasmania’s roadworthy rules authorities that it is an offence to “drive utilizing a mobile telephone (when moving oregon stationary, but not parked) but to marque oregon person a telephone from a telephone secured successful mounting oregon not required to beryllium touched”.

While looking astatine your passenger’s telephone is not straight referenced successful the roadworthy rules, it’s apt to beryllium viewed arsenic an offence. 

A spokesperson for Tasmania’s Department of Police, Fire and Emergency Management told Drive: “Depending connected the circumstances, the script could travel nether ‘drive without owed attraction and attention’.”

Susannah Guthrie has been a writer for implicit a decade. Previously, she has been the integer manager of some Harper's Bazaar and Elle, a elder exertion astatine The New Daily, the big of 'A Taste of Travel' connected Channel Ten and a motoring columnist for CarSales. Susannah holds a Bachelor successful Media and Communications from the University of Melbourne and chopped her teeth arsenic an intern for Time Inc successful New York City. She has besides completed a tv presenting people with the National Institute of Dramatic Art. She lives successful Melbourne with her hubby and her son.

Read much astir Susannah Guthrie