Victorian Consolidated Regulations

ROAD SAFETY ROAD RULES 2017 - REG 304I

    (1)     Subject to subrules (2) and (3), the driver of a motor vehicle must not operate a wearable device while the vehicle is moving, or is stationary but not parked.

Penalty:     10 penalty units.

Notes

1     Wearable device is defined in rule 304A.

2     For the meaning of "operating", in relation to a device, see rule 304E(1).

3     Rule 304F deals with how a stopped or stationary motor vehicle may be parked and how a stopped motor vehicle is stationary but not parked.

4     See rule 304G in relation to permitted device interactions.

    (2)     A fully licensed driver may operate a wearable device while a motor vehicle is moving, or is stationary but not parked, if the operation of the device—

        (a)     does not involve the driver touching the device (other than by incidental physical contact with the device that is caused by the driver wearing the device); and

        (b)     is for one or more of the following purposes—

              (i)     to initiate, accept or reject an audio call on the device;

              (ii)     to play or stream audio material on the device;

              (iii)     to adjust volume levels for a purpose mentioned in subparagraph (i) or (ii).

Example

The operation of the device using voice controls to make a telephone call.

Note

For the meaning of "fully licensed driver", see rule 304GB. For the meaning of "touching", in relation to a device, see rule 304E(2).

    (3)     A novice driver may operate a wearable device in a motor vehicle while the motor vehicle is moving, or is stationary but not parked, if the operation of the device—

        (a)     does not involve the driver—

              (i)     touching the device (other than by incidental physical contact with the device that is caused by the driver wearing the device); or

              (ii)     using a function on the device other than by touching the device; and

        (b)     involves playing or streaming audio material on the device.

Note

For the meaning of "novice driver", see rule 304GC.

Example

A novice driver may operate a wearable device to play music while driving if the device is set up to do so prior to driving and the driver does not touch the device or use any voice controls.

    (4)     The driver of a motor vehicle must not look at the display of a wearable device being operated by another person in the vehicle while the vehicle is moving, or is stationary but not parked.

Penalty:     10 penalty units.

Rule 304J inserted by S.R. No. 7/2023 rule 16.