Device's role in fatal crash highlights driver safety

Drivers and cyclists can legally wear earphones while they travel, but authorities do not recommend it. Photo / Supplied

Rolling a cigarette, changing a CD and using an iPod with earphones while driving are all legal under New Zealand law, but are not recommended by authorities.

The same applies for cyclists, although the New Zealand Transport Agency's latest road code for cyclists advises them against listening to MP3 portable music players because they need to be able to listen to the traffic.

A cyclist killed after being struck by a train yesterday was believed to have been distracted by an iPod-style music player.

Cycle Action spokeswoman Barbara Cuthbert earlier told the Herald that because cyclists were much more vulnerable than people in cars, they needed to use all their senses.

NZTA spokesman Andy Knackstedt said the best advice for drivers was to be aware of their surroundings - and anything that prevented them from doing so should be taken out of the equation.

And when it comes to driving, the only thing you can't legally do while driving is operate a hand held cell phone.

"As with anything, even if it is not illegal, if you are involved in a crash and you injure someone, if it is proven that you were distracted then you could be prosecuted," Mr Knackstedt said.

He said a driver's primary focus should be on driving.

"It just comes down to common sense really," he said.

National road policing spokeswoman Lesley Wallis agreed.

She said police were not seeking a ban on iPods being used by drivers or cyclists but would recommend cyclists did not wear them.

"It's common sense. Anything you do while you're driving a car or riding a bike, you need to be concentrating, you need to give it your full attention," Ms Wallis said.

Waitemata police Serious Crash Unit investigator Stu Kearns said he had never investigated a crash caused by a driver using an iPod.

Asked if rolling a cigarette had ever been the cause of a crash he had investigated, Mr Kearns said: "No, but there have been one or two where the cigarette has dropped between the person's legs."