Victorian Mobile Phone and Device Road Rules

Transcript

Using a mobile phone while driving in Victoria In Victoria, under the Road Safety Act 1986, Road Safety Drivers Regulations 2009 and the Road Safety Rules 2009, the use of mobile phones or other devices while driving is very restricted and significant penalties may apply. Use of a mobile phone while driving has been found to be the cause of many road accidents, some fatal. If you look away from the road for even two seconds, your crash risk doubles.

The aim of this law is to prevent such accidents. Learner and Provisional Licence Holders If you hold a learner licence, or a P1 or P2 provisional licence, you must not use a device such as a mobile phone for any purpose while you are driving. This means you cannot even use a hands-free system. You are considered to be driving even if you are stationary but not parked in an authorised space, such as if you are stopped at traffic lights.

If you are caught using a device while driving, you will receive a fine and four demerit points. Once you reach five demerit points, you will most likely have your licence suspended. Open Car Licence Holders For the holder of an open or full drivers licence, using a mobile phone while driving in Victoria is generally prohibited, subject to only a few exemptions. You are permitted to use your phone to make or receive a phone call, or to use its audio or music function, but only if it is held securely in a commercially designed cradle fitted to your car, or if you can operate it without touching any part of the phone.

The driver must not hold the phone, and the phone must not rest on any part of the driver's body. You may use your phone as a navigational device only if it is held securely in a commercially designed cradle fitted to your vehicle. You must not text, email, or make video calls while driving, even if stationary, unless you are parked in an authorised parking area. Motorcycle Riders If you hold an open motorcycle licence, your use of a mobile phone or other device is generally the same as for an open car licence holder.

However, if you have held your licence for less than three years, you must not use a mobile phone or other device for any function while you are riding, including when your motorcycle is stationary, unless it is parked in an authorised space. Smartwatches Generally, if you wear a smartwatch while driving, you must not use it for making or receiving telephone calls, sending or receiving text messages, navigation, video messaging, emailing, or accessing social media.

To be able to use the smartwatch while driving, you must not be wearing it at the time, and you must not touch the watch. It must be secured in a commercially designed cradle attached to the vehicle, and you must have an open driver's licence. You may then use your smartwatch for playing music, making or receiving phone calls, or as a driver's aid, such as a navigational device. Penalties Using a mobile phone or other device while driving, or while stationary but not parked, has significant consequences for the driver in Victoria, aside from the risk of crashing.

The penalty is four demerit points, a defined of up to $1,517, though, according to VicRoads, it is usually $455. In addition, the driver's licence may be suspended if they hold an open or full licence and they accrue 12 demerit points in a three-year period, or if they hold a learner, P1 or P2 provisional licence and accrue five demerit points in a 12-month period, or 12 points in a three-year period.

What to do next If you or someone you know needs help with a traffic charge, it is important to obtain legal advice quickly. Go To Court Lawyers operate a legal hotline on the retired Go To Court contact number (omitted), where you can talk directly to a lawyer 7am till midnight seven days a week. Your call will be treated with the strictest confidentiality and without judgement. The lawyer will assess your matter and recommend a course of action.

And you need a court lawyer, even if it is at very short notice, the legal hotline staff will be able to arrange legal representation for you. You can also request a call back via the website gotocourt.com.au and a lawyer will call you back to assess your matter.