New road rules for Victoria this month

VICTORIA will introduce strict new rules surrounding the use of a range of portable, wearable and in-built mobile devices from March 31, with those found breaking the rules liable for a fine of up to $1849 and P-platers potentially sent back to driving school.

The rules regulating the use of such devices affect vehicle drivers and motorcycle riders, as well as riders and operators of bicycles, electric scooters, recreational vehicles – and even personal mobility transporters including electric wheelchairs.

Vicroads says the new rules expand and clarify a number of rules already in place for mobile phones and portable communication devices – such as UHF and CB radios – and are being introduced to reflect the significant increase of in-vehicle technologies and other technologies capable of “distracting the driver”.

The expanded set of rules covers not only mobile devices, but also built-in visual display units.

As well as unmounted phones and tablets, the regulations also cover wearable devices such as smartwatches and smart glasses; information, navigation, infotainment and head-up display systems; and mounted head-up display units, tablets, mobile phones, and media players – even if securely mounted on or in a vehicle.

Motorcycle helmet devices are also covered under the wide-reaching new rules, including Bluetooth headsets and cameras.

Importantly, the rules differ for fully licensed drivers and riders when compared with L and P plate rides and drivers.

According to the Vicroads website, drivers or riders who hold a full licence “in general cannot touch an unmounted portable device, such as a phone, tablet, laptop or any other device while driving”.

Specifically, for all device types and irrespective of whether they are portable, mounted, wearable or in-built, a driver or rider must not enter text, numbers, or symbols; scroll on websites, social media sites or music playlists; play videos or games, or take video calls; display text messages, social media, emails or photos; rest a device on any part of the body or pass a device to a passenger.

Rules for portable devices now state that when driving, people must not touch a portable device, even if it is turned off; allow a portable device to be in their lap or any part of their body or clothes (unless it is in a pocket or pouch); look at the display of a device being operated by another person in the vehicle; pass a portable device to a passenger; or pass a portable device to a driver.

The only exceptions to the above rules include using a Bluetooth-enabled device – provided it is connected prior to driving and located out of sight and reach – and using a mobile phone or other device to pay at a drive-through restaurant.

Rules for mounted devices and in-built navigation and infotainment systems are also tightened, stating that any device must be securely mounted in a cradle that is commercially designed and manufactured for that purpose.

Vaguely, the regulations state that “as a general rule, drivers can use their mounted our in-built systems for functions such as music and navigation, provided they are not entering text, scrolling or viewing images and video”.

The rules do, however, make exceptions for initiating, accepting or rejecting an audio call, playing or streaming audio material, adjusting volume levels, using a function on a device that is designed to assist in operating the vehicle, using a navigation function, or carrying out a professional driving task.

For learner (L) and probationary (P1 and P2) drivers the rules are even stricter.

Vicroads says that “due to their lack of experience and increased road safety risk, L and P platers are subject to more restrictions when it comes to distracted driving”.

From March 31, L and P plate drivers and riders may not operate portable devices in any way, shape or form, including for phone calls and navigation; use voice controls to operate any device; enter text, numbers or symbols; scroll on websites, social media sites or music playlists; play videos or games, or take video calls; display text messages, social media, emails or photos; rest a device on any part of the body; or pass a device to a passenger.

A limited number of interactions are allowed with mounted and in-built devices.

For mounted devices, an L or P plate driver or ride can use a navigation system or audio player provided it is set up before a journey commences. A driver or rider must pull over and park to change a song or enter a different address and is not permitted to touch a mounted device for any purpose while driving.

In-built devices may be touched briefly to adjust navigation settings, climate controls, and audio functions such as the radio.

The rules for L and P plater drivers and riders are also prohibitive when it comes to the use of smartwatches, smart glasses and wearable head-up displays. An operator must not touch a wearable device; operate a device using voice controls; or look at the display of a wearable device being operated by another person.

Again, the rules do permit the use of a wearable device provided it has been set up for use prior to the commencement of driving or riding, meaning the vehicle must be parked in order to adjust the volume or change what audio is playing.

The penalties for illegal use of mobile phones or other device types remain the same as prior to the commencement of the new rules at the end of March.

Illegal use of a mobile phone or other device attracts a $555 fine and four demerit points. However, if the matter is heard in court, the fine can be as much as $1849.

For learner and probationary drivers, the penalties are stricter again. If found to be illegally operating a mobile phone or other device an L or P plate driver or rider will lose their permit or licence if they accumulate more than four demerit points within a 12-month period.

The new rules will be enforced not only by police but also mobile phone and seatbelt detection cameras which are to be introduced in Victoria over the coming months, capturing images of drivers and riders who are holding mobile phones or other devices while driving or riding, as well as drivers and passengers who are not wearing seatbelts, or not wearing them correctly.