Victorian Consolidated Regulations

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ROAD SAFETY ROAD RULES 2017 - REG 300

Use of mobile phones

    (1)     The driver of a motor vehicle must not use a mobile phone while the motor vehicle is moving, or is stationary but not parked, unless the driver holds a full driver licence and—

        (a)     the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone—

              (i)     is secured in a mounting affixed to the vehicle while being so used; or

              (ii)     is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone; or

Rule 300(1)(b) amended by S.R. No. 6/2018 rule 6(1).

        (b)     the phone is being used to perform a navigational or intelligent highway vehicle system function and the body of the phone—

(i)     is secured in a mounting affixed to the vehicle while being so used; or

              (ii)     is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone; or

Rule 300(1)(c) revoked by S.R. No. 6/2018 rule 6(2).

    *     *     *     *     *

        (d)     the motor vehicle is an emergency vehicle, enforcement vehicle or a police vehicle.

Penalty:     10 penalty units.

Note to rule 300(1) amended by S.R. No. 6/2018 rule 6(3).

Note

"Emergency vehicle", enforcement vehicle , "park" and police vehicle are defined in the dictionary. Motor vehicle is defined in the Road Safety Act 1986 .

    (1A)     The driver of a motor vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, if the driver is—

        (a)     a learner driver; or

        (b)     the holder of a probationary driver licence; or

        (c)     the holder of a motor cycle licence who has held the licence for a period of less than 3 years.

Penalty:     10 penalty units.

Note

Learner driver is defined in the dictionary.

    (1B)     In calculating the period for which a person has held a motor cycle licence referred to in subrule (1A)(c), any period for which the person's driver licence has been suspended, or the person has been disqualified from driving, must be excluded.

    (1C)     The rider of a bicycle, or a person travelling in or on a wheeled recreational device, or the driver of a vehicle that is not a motor vehicle, must not use a mobile phone while the bicycle, wheeled recreational device or vehicle is moving, or is stationary but not parked, unless—

        (a)     the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone—

              (i)     is secured in a mounting affixed to the bicycle, wheeled recreational device or vehicle while being so used; or

              (ii)     is not being held by the person and the use of the phone does not require the person, at any time while using it, to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone; or

Rule 300
(1C)(b) amended by S.R. No. 6/2018 rule 6(4).

        (b)     the phone is being used to perform a navigational or intelligent highway vehicle system function and the body of the phone—

(i)     is secured in a mounting affixed to the bicycle, wheeled recreational device or vehicle while being so used; or

              (ii)     is not being held by the person and the use of the phone does not require the person, at any time while using it, to press anything on the body of the phone or to otherwise manipulate any part of the body of the phone.

Penalty:     10 penalty units.

Note

Wheeled recreational device and bicycle are defined in the dictionary.

Rule 300(1D) inserted by S.R. No. 6/2018 rule 6(5).

    (1D)     For the purposes of this rule, stationary but not parked includes being stationary—

        (a)     in a marked lane or line of traffic on a road; or

        (b)     in a bicycle lane or bicycle storage area.

Note

"Bicycle storage area", line of traffic and marked lane are defined in the dictionary. Bicycle lane is defined in rule 153.

Rule 300(2) amended by S.R. No. 6/2018 rule 6(6).

    (2)     For the purposes of this rule, a mobile phone is secured in a mounting affixed to the motor vehicle, bicycle, wheeled recreational device or vehicle that is not a motor vehicle if, and only if—

        (a)     the mounting is commercially designed and manufactured for that purpose; and

Rule 300(2)(b) amended by S.R. No. 6/2018 rule 6(6).

        (b)     the mobile phone is secured in the mounting, and the mounting is affixed to the motor vehicle, bicycle, wheeled recreational device or vehicle that is not a motor vehicle, in the manner intended by the manufacturer.

Rule 300(3) amended by S.R. No. 6/2018 rule 6(7).

    (3)     For the purposes of this rule, the driver of a motor vehicle, or the rider of a bicycle, or a person travelling in or on a wheeled recreational device, or the driver of a vehicle that is not a motor vehicle, does not use a phone to receive a text message, video message, email or similar communication if—

        (a)     the communication is received automatically by the phone; and

        (b)     on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone.

Rule 300(3A) inserted by S.R. No. 6/2018 rule 6(8).

    (3A)     For the purposes of this rule, a motor vehicle may be parked even though—

        (a)     the key to the vehicle is located in the vehicle's ignition lock; or

        (b)     the engine of the vehicle is running.

    (4)     In this rule—

Rule 300(4) def. of
affixed to amended by S.R. No. 6/2018 rule 6(9).

"affixed to", in relation to a vehicle or wheeled recreational device, includes forming part of the vehicle or wheeled recreational device;

"audio phone call" does not include an email, text message, video call, video message or other similar communication;

"body", in relation to a mobile phone, means the part of the phone that contains the majority of the phone's mechanisms;

"held" includes held by, or resting on, any part of a person's body, but does not include held in a pocket of a person's clothing or in a pouch worn by the person;

"mobile phone" does not include a CB radio or any other two-way radio;

"use", in relation to a mobile phone, includes any of the following actions by a person—

        (a)     holding the body of the phone in the person's hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in a vehicle driven by the person;

        (b)     entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone;

        (c)     turning the phone on or off;

        (d)     operating any other function of the phone.

Division 2—Rules for people in charge of animals



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