Is it illegal to look at my passenger’s phone while driving?

It's fair to say mobile phones are now inescapable. Serving as our cameras, music players, social connections, reading material, distractions and even directions, it's rare to see someone these days without spotting a smartphone somewhere nearby.

The only exception, of course, is driving. Using most functions on your phone is strictly forbidden when you're behind the wheel, unless the phone is appropriately mounted, is being used as a driver's aid and/or can be operated by the driver without touching any part of the phone.

But what about passenger phone use?

Whether it's a spouse sharing directions or a friend sharing a funny photo, it can be tempting to briefly glance at your passenger's phone while behind the wheel.

So, is this a legal grey area? Not so fast – plenty of states have specific road rules related to passenger phone use.

Here's what you need to know. Is it illegal to look at my passenger's phone while driving in Victoria?

“In short, yes, a driver can be penalised if their passenger shows them something on their phone,” a spokesperson for Victoria Police told Drive.

New Victorian road rules introduced in 2023 expressly state that drivers must not: “look at the display of a device being operated by another person in the vehicle, pass a portable device to a passenger or, if a passenger, pass a portable device to a driver.”

The penalty is four demerit points and a $545 fine.

In New South Wales, passengers are permitted to look at a phone screen only if it is not “visible to [the driver] from the normal driving position” or able to “distract another driver”.

If the phone screen is deemed to be visible or distracting to the driver, the associated penalty is a $352 fine and five demerit points.

In Queensland, it is illegal to drive with a visual display unit visible to the driver – this includes mobile phones and applies to passengers.

“This rule applies to passengers holding a phone for the driver to see, as well as a phone in a cradle, displaying content such as pictures or video,” a spokesperson for Queensland Transport and Main Roads told Drive.

“Drivers face a $199 fine and three demerit points if breaking this rule. Exemptions apply if the phone is being used as a driver aid, such as a navigation app.

“Learner and P1 licence holders aged under 25 years must not operate any function of a mobile phone, even in handsfree mode. 

“Depending on the circumstances, they may face additional penalties of up to $1078 and four demerit points if operating a phone held by the passenger or in a cradle. For example, using voice controls.”

Much like other states, South Australia's road rules dictate “the driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked”, unless it is securely mounted, being used as a driver’s aid, and can be used without the driver touching any part of the phone. 

While SA doesn’t have a specific provision for passenger phone use, a driver may still be penalised.

“Whilst the driver in the scenario below does not fulfil requirements under use of mobile phone, Police may consider utilising other legislation available to them depending on the scenario and circumstances,” a spokesperson for South Australia Police told Drive.

"For example, if the driver was involved in an accident as a result of the driver being distracted by looking at the mobile phone, police may consider investigating utilising [careless driving legislation].”

When asked whether drivers are permitted to look at their passenger's phone in the Australian Capital Territory, we received the following response from an ACT Police spokesperson:

"It is an offence. It comes under the provision for not paying due care and attention. Fine is approximately $200."

In WA, the road rules aren’t specific about passenger phone use, but stipulate that any screen in the car cannot be visible to the driver.

WA laws decree: “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.”

The NT road rules are in line with other states and decree that a driver must not have a visual display or television receiver in the car if any part of the screen is visible to the driver from the normal driving position, or is likely to distract another driver. 

This only applies to screens that aren’t securely mounted and/or being used as driver’s aids – so it would apply to passenger phone screens. 

The associated fine is $500 and three demerit points. 

Tasmania’s road rules state that it is an offence to “drive using a mobile phone (when moving or stationary, but not parked) except to make or receive a call from a phone secured in mounting or not required to be touched”.

While looking at your passenger’s phone is not directly referenced in the road rules, it’s likely to be viewed as an offence. 

A spokesperson for Tasmania’s Department of Police, Fire and Emergency Management told Drive: “Depending on the circumstances, the scenario could come under ‘drive without due care and attention’.”

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