MIGHTY FINE: VICROADS UPDATES TO DEVICE USAGE LAWS

Aug 28, 2023 4min read

The rules of the road are always changing, and while it can feel like a nuisance, it is ultimately for a good reason. It can also pay to keep up to date because there is simply nothing worse than copping a massive fine during your workday or when you’re heading home after putting in the hard yards.

In the state of Victoria, one of the most recent changes in road rules is to address mobile phone and device usage while driving.

Even if you’re Victorian bred and born and well versed in the relevant laws, this may come as a timely reminder that mobile phone and device usage are strictly monitored and targeted by authorities on the road.

WHAT’S NEW?

As of 31 March 2023 the following amendments came into effect for Victoria, covering all drivers including interstate visitors:

  • You cannot touch an unmounted portable device while driving.
  • You cannot enter text, numbers, or symbols while driving to any portable device or otherwise.
  • Drivers cannot scroll devices while driving.
  • Drivers cannot play games or take video calls while driving.
  • Devices cannot display text messages, social media, emails, or photos while driving.
  • Devices cannot be resting or sitting on any part of the driver’s body or be passed to or from the driver to a passenger.

It doesn’t matter what type of vehicle you’re piloting, it’s even possible that taking a leisurely roller skate down the street could result with a fine if you’re found to be breaking the new laws.

They cover portable device usage in cars, trucks, motorbikes, bicycles, electric scooters, rollers blades, skateboards, roller skates and even electric personal transports such as electric wheelchairs and ambulant scooters.

WHICH DEVICES ARE INCLUDED?

The rules have been expanded to include the use of a range of portable, mountable, wearable and inbuilt devices, building on the existing rules applied to mobile phones.

  • 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).
  • Motorbike helmet devices.

WHY THE CHANGE?

Technology is being updated all the time and not just in our smart phones. There is a wider range of devices than ever before, including easily accessible devices like smart watches and built-in touch screens in vehicles.

Whether the device is built into the vehicle, carried, or worn, just about everything is now covered under the new laws so that usage of these devices doesn’t adversely impact road safety in the state of Victoria.

TRUCK DRIVERS

There are many jobs that require professional driving and subsequently, the safe use of devices in the state of Victoria, including those who regularly enter the state. As of 31 March 2023, workers who need to use devices while on the road require a permit to do so.

Truck drivers who are required to gather information while they work such as freight, delivery and journey information, the monitoring of livestock, and maintaining safety of the vehicle will be permitted under the new rules.

The VicRoads website has a full list of professional driving tasks that are eligible for a permit.

It is important to note that if a truck driver needs to enter information while enroute to a job or delivery, then they need to be pulled over and be at a complete stop on the side of the road.

FINES HAVE STAYED THE SAME—FOR NOW

The penalties and fines incurred by using a device while driving are the same as those applying only to mobile and smart phones prior to 31 March 2023.

Illegal use of a mobile phone (or other device) attracts a $555 fine and four (4) demerit points. However, if the incident goes to court, the fine for illegal mobile phone and device use can be as much as $1,849.

FUTURE FOCUSED

It’s clear that the state of Victoria is looking towards a future where more apps and more devices are out and about on the roads.

This in itself is not necessarily a bad thing. Portable devices can have many positive benefits for work and personal life including increased business efficiency, reduced paperwork and better route planning to avoid traffic.

Likewise, there’s nothing bad about stopping to take a selfie at an eye-catching rest stop or calling friends and family at the start of a long commute.

However, while there is an app for everything that can be enjoyed safely, distractions while driving are also increasing.

In the coming months, mobile phone and seat belt detection cameras will be installed in Victoria to monitor drivers and passengers and encourage the correct wearing of seat belts and safe usage of devices while driving.

In this instance it is better to be safe than sorry and cop a whopping fine. The responsibility rests with the driver to maintain vehicle safety even in the instance of a passenger wearing a seat belt incorrectly.

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