New Victorian road rules 2023

By HIENZ

Road Rules and Road Law

Source: Vicroads website

New road rules are being introduced regulating the use of a range of portable, mountable, wearable and inbuilt devices while driving a vehicle or riding a motorbike. The rules expand and clarify a number of rules already in place for mobile phones, and take effect on 31 March 2023.

The rules reflect the significant increase of in-vehicle technologies and other technologies capable of distracting a driver and are designed to help keep people safe on our roads. The rules are expanded from mobile phones and visual display units to cover:

Portable devices (unmounted mobile phones, tablets);
Wearable devices (smartwatches, wearable heads-up display);
Inbuilt devices (Information, navigation, and entertainment systems, heads-up display that is an inbuilt part of the vehicle);
Mounted devices (Heads-up display, tablet, mobile phone, media player etc if securely mounted in or on a vehicle); and
Motorbike helmet devices.

Drivers with full licences

Drivers holding full licenses are generally prohibited from handling unmounted portable devices, such as phones, tablets, laptops, or any other device while driving.

This restriction applies to all device types, including portable, mounted, wearable, and inbuilt devices. Specifically, while driving, drivers must not:

Enter text, numbers, or symbols

Scroll through websites, social media, or 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 such as unmounted or loose mobile phones, tablets, laptops, media players, and game consoles dictate that while driving (except when parked), drivers must not:

Touch a portable device, even if it is turned off

Allow a portable device to be in their lap or on any part of their body or clothes (unless it is in a pocket or pouch attached to their belt or another part of the body)

Look at the display of a device being operated by another person in the vehicle

Pass a portable device to a passenger

If a passenger, pass a portable device to a driver

However, drivers are permitted to:

Connect to their vehicle’s Bluetooth and place the device out of sight and reach before starting to drive

Use a mobile phone or other device to pay at a drive-through

Rules for mounted devices (such as mobile phones and tablets) and inbuilt navigation and entertainment systems stipulate that for mobile phones and tablets, the mounting must be commercially designed and manufactured for that purpose, and the device must be secured in the mounting. Drivers are generally allowed to use their mounted or inbuilt systems for functions such as music and navigation, provided they are not entering text, scrolling, or viewing images or video. Voice controls for music and navigation are permitted.

When driving (except when parked), drivers must not:

Enter information, text, numbers, or symbols

Scroll on the device (e.g., scrolling through texts messages, social media, music, etc.)

Use the device for reading or writing text messages, emails, message threads, or viewing websites

Watch movies, TV, play video games, or view social media and photos

Engage in video calls

If a passenger, drivers must not use the device if it is likely to distract the driver

However, drivers are allowed to touch the device briefly to:

Initiate, accept, or reject an audio call

Play or stream audio material

Adjust volume levels

Use a function on the device designed to assist in operating the vehicle

Use a navigation function

Use a function on the device designed to monitor a driver’s behavior or carry out a professional driving task

Rules for wearable devices such as smartwatches, smart glasses, and wearable heads-up displays dictate that when driving (except when parked), drivers must not:

Touch the device (other than by incidental contact caused by wearing the device)

Use the device for reading or writing text messages, viewing social media and photos, engaging in video calls, using a navigation function, or using a function designed to monitor a driver’s behavior or condition, or carry out a professional driving task.

However, drivers are permitted to use voice controls to:

Initiate, accept, or reject an audio call on the device

Play or stream audio material on the device

Adjust volume levels.

Rules for motorbike helmet devices (head-up displays, communicators, cameras, and inbuilt or secured mobile phones) state that motorbike riders are limited to touching the device briefly or using voice commands to:

Initiate, accept, or reject an audio call on a device

Play or stream audio material on the device

Use a function on the device designed to assist in operating a vehicle

Use a navigation function on the device

Use a function on the device designed to monitor a driver’s behavior or condition (such as a heart monitor)

Carry out a professional driving task

Adjust volume levels for any of the above.Learner P1 and P2 drivers

Learner P1 and P2 drivers

Due to their limited experience and higher risk of road safety incidents, Learner and Probationary (L and P) drivers and riders face stricter regulations regarding distracted driving compared to fully licensed individuals.

When operating cars or riding motorbikes, L and P platers are prohibited from:

Handling portable devices, including mobile phones, tablets, or laptops, for any purpose, such as making calls or navigating.
Utilizing voice controls to operate any devices.
Inputting text, numbers, or symbols.
Engaging in scrolling activities, such as browsing websites, social media, or playlists.
Playing videos or games or participating in video calls.
Displaying text messages, social media notifications, emails, or photos.
Placing a device on any part of their body or passing it to a passenger.

There are limited interactions permitted with mounted and inbuilt devices, as detailed below.

For portable devices such as mobile phones, tablets, laptops, media players, and game consoles:

L and P platers are prohibited from operating non-mounted portable devices in any manner while driving, even when the vehicle is stationary but not parked.
While driving, they must not touch a portable device, regardless of its operational status.
They are not allowed to view the display of a portable device being operated by another person.
Portable devices must not be placed on their lap or any part of their body or clothing unless securely stored in a pocket or a designated holding pouch attached to their clothing.
Operating a portable device in any form, including via voice controls, is strictly prohibited.
No ongoing activities on portable devices, such as audio playback or navigation, are permitted while driving. If L and P platers wish to use a portable device while on a motorbike or in a vehicle, they must be parked.

For mounted devices such as mobile phones and tablets, as well as inbuilt navigation and entertainment systems:

Mobile phones and tablets are considered "mounted devices" only if the mounting is commercially designed and manufactured for that purpose, and the device is securely mounted.

Overall, these regulations aim to mitigate the risks associated with distracted driving among L and P platers, promoting safer road practices and reducing the likelihood of accidents.

Penalties

The penalties for the unlawful use of mobile phones (or other types of devices) remain unchanged from before the implementation of the new rules in March 2023.

Engaging in the unlawful use of a mobile phone (or other device) results in a fine of $555 and accrues four (4) demerit points.

If the matter proceeds to court, the fine for unlawful mobile phone/device use can escalate to as much as $1,849.

For learner and probationary drivers, surpassing four (4) demerit points within a year leads to the revocation of their permit or licence. This differs from full licence holders, who cannot amass more than 12 demerit points within a three-year period.

Mobile phone and seatbelt detection cameras are set to be introduced in Victoria in the upcoming months. These cameras will identify drivers holding mobile phones or other devices while driving, as well as drivers and passengers who are not wearing seatbelts or wearing them incorrectly. If a passenger is detected not wearing a seatbelt, only the driver will receive an infringement notice for failing to ensure the passenger's seatbelt is fastened.