Road Safety Road Rules Amendment Rules 2023 (Vic)

Case
No judgment structure available for this case.

Road Safety Road Rules Amendment Rules 2023

S.R. No. 7/2023

table of provisions

Rule  Page

1Objective

2Authorising provision

3Commencement

4Principal Rules

5Stopping on a path, dividing strip, nature strip, painted island or traffic island

6Parking for longer than indicated

7Parking where fees are payable

8Rule 244V revoked

9New rule 263B inserted

10Rule 264 substituted and new rule 264A inserted

11Rule 265 substituted

12Appropriate securing of passengers under 16 years old

13Exemptions from wearing seatbelts—certificate exempting person

14Exemption from wearing seatbelt—seating position not fitted with seatbelt

15Rules 299 and 300 revoked

16New Part 18A inserted

17Dictionary

═════════════

Endnotes

statutory rules 2023

S.R. No. 7/2023

Road Safety Act 1986

Road Safety Road Rules Amendment Rules 2023

The Governor in Council makes the following Rules:

Dated: 14 February 2023

Responsible Minister:

MELISSA HORNE
Minister for Roads and Road Safety

ANGELA SMITH

Clerk of the Executive Council

1Objective

The objective of these Rules is to amend the Road Safety Road Rules 2017—

(a)to regulate the use of devices while—

(i)driving a motor vehicle or a vehicle that is not a motor vehicle; or

(ii)  riding a bicycle or an electric scooter; or

(iii)travelling in or on a wheeled recreational device or an electric personal transporter; and

(b)to support the use of road safety cameras to detect offences relating to—

(i)wearing seatbelts in motor vehicles; and

(ii)touching a portable device in motor vehicles; and

(iii)having a portable device resting on the body of the driver of a motor vehicle, on clothes worn by the driver or on an item in the driver's lap.

2Authorising provision

These Rules are made under section 95D of the Road Safety Act 1986.

3Commencement

These Rules come into operation on 31 March 2023.

4Principal Rules

In these Rules, the Road Safety Road Rules 2017[1] are called the Principal Rules.

5Stopping on a path, dividing strip, nature strip, painted island or traffic island

(1)In rule 197(1)(c) of the Principal Rules, for "Act 1986." substitute "Act 1986; or".

(2)After rule 197(1)(c) of the Principal Rules insert—

"(d)the driver's vehicle is—

(i)a trailer carrying a relocatable digital RSC; or

(ii)towing a trailer carrying a relocatable digital RSC.".

(3)After note 2 at the foot of rule 197(1) of the Principal Rules insert—

"3     Relocatable digital RSC is defined in the dictionary.".

6Parking for longer than indicated

For rule 205(3) of the Principal Rules substitute—

"(3)Subrule (1) does not apply if—

(a)the driver is using a vehicle for the purpose of the operation of a detection device prescribed for the purposes of section 66 of the Road Safety Act 1986; or

(b)the driver's vehicle is—

(i)a trailer carrying a relocatable digital RSC; or

(ii)towing a trailer carrying a relocatable digital RSC.

Note

Relocatable digital RSC is defined in the dictionary.".

7Parking where fees are payable

For rule 207(3) of the Principal Rules substitute—

"(3)Subrule (1) does not apply if—

(a)the driver is using a vehicle for the purpose of the operation of a detection device prescribed for the purposes of section 66 of the Road Safety Act 1986; or

(b)the driver's vehicle is—

(i)a trailer carrying a relocatable digital RSC; or

(ii)towing a trailer carrying a relocatable digital RSC.

Note

Relocatable digital RSC is defined in the dictionary.".

8Rule 244V revoked

Rule 244V of the Principal Rules is revoked.

9New rule 263B inserted

After rule 263A of the Principal Rules insert—

"263B   Driver or passenger in motor vehicle must not occupy the same seating position as another person

(1)The driver of a motor vehicle that is moving, or is stationary but not parked, must not occupy the same seating position as a passenger.

Penalty:10 penalty units.

(2)The driver of a motor vehicle that is moving, or is stationary but not parked, must ensure that each passenger in or on the motor vehicle does not occupy the same seating position as another passenger or the driver.

Penalty:10 penalty units.

(3)A passenger who is 16 years old or older and is in or on a motor vehicle that is moving, or is stationary but not parked, must not occupy the same seating position as another passenger or the driver.

Penalty:10 penalty units.

(4)This rule applies whether or not the driver or passenger is exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C.

(5)This rule does not apply to a passenger who is 16 years old or older and is in a bus, public minibus, taxi or tow truck if—

(a)the passenger has a child who is less than one year old seated in the passenger's lap; and

(b)no suitable approved child restraint is fitted in the bus, public minibus, taxi or tow truck and available for use; and

(c)in the case of a bus, public minibus, taxi or tow truck that has 2 or more rows of seats—the passenger is not seated in the front row of seats; and

(d)in the case of a tow truck—the passenger was an occupant in a motor vehicle that is being or has been towed by the tow truck and the passenger is accompanying the driver of the tow truck—

(i)while the motor vehicle is being towed; or

(ii)after the motor vehicle has been towed, for the purpose of being driven to the passenger's home or any other convenient place.".

10Rule 264 substituted and new rule 264A inserted

For rule 264 of the Principal Rules substitute—

"264   Drivers must comply with seatbelt requirements

(1)The driver of a motor vehicle that is moving, or is stationary but not parked, must—

(a)occupy the driver's seating position that is fitted with an approved seatbelt; and

(b)wear the seatbelt, unless the driver is reversing the vehicle or exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C.

Penalty:In the case of a natural person, 10 penalty units;

In the case of a body corporate, 120 penalty units.

Notes

1 A body corporate may be guilty of the offence by force of section 84BC of the Road Safety Act 1986.

2     Driver is defined in rule 16. Motor vehicle is defined in the Road Safety Act 1986. Approved seatbelt and park are defined in the dictionary.

(2)For the purposes of the definition of seatbelt offence in section 84(8) of the Act, the offence under subrule (1) is a seatbelt offence.

(3)For the purposes of the definition of camera detected seatbelt offence in section 84AB(3) of the Act, the offence under subrule (1) is a camera detected seatbelt offence.

264ADriver must ensure passengers comply with seatbelt requirements

(1)The driver of a motor vehicle (other than a bus, public minibus or taxi) that is moving, or is stationary but not parked, must ensure that each passenger—

(a)occupies a seating position that is fitted with an approved seatbelt; and

(b)wears the seatbelt.

Penalty:    In the case of a natural person, 10 penalty units;

In the case of a body corporate, 120 penalty units.

Notes

1 A body corporate may be guilty of the offence by force of section 84BC of the Road Safety Act 1986.

2     Driver is defined in rule 16. Bus and motor vehicle are defined in the Road Safety Act 1986. Approved seatbelt, park, public minibus and taxi are defined in the dictionary.

(2)Subrule (1) does not apply if—

(a)the passenger is exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C; or

(b)the passenger is under 16 years old and the driver is complying with rule 266(1)(a) in respect of the passenger.

(3)For the purposes of the definition of seatbelt offence in section 84(8) of the Act, the offence under subrule (1) is a seatbelt offence.

(4)For the purposes of the definition of camera detected seatbelt offence in section 84AB(3) of the Act, the offence under subrule (1) is a camera detected seatbelt offence.".

11Rule 265 substituted

For rule 265 of the Principal Rules substitute—

"265   Passengers 16 years old or older must comply with seatbelt requirements

(1)A passenger who is 16 years old or older and is in or on a motor vehicle that is moving, or is stationary but not parked, must—

(a)occupy a seating position that is fitted with an approved seatbelt; and

(b)wear the seatbelt.

Penalty:10 penalty units.

Note

Motor vehicle is defined in the Road Safety Act 1986. Approved seatbelt and park are defined in the dictionary.

(2)Subrule (1) does not apply if the passenger is exempt from wearing a seatbelt under rule 267, 267A, 267B or 267C.".

12Appropriate securing of passengers under 16 years old

(1)For rule 266A(4) of the Principal Rules substitute—

"(4)A passenger who is less than 7 years old and is exempt from being restrained in an approved child restraint or being placed in an approved booster seat under rule 267(3)—

(a)must occupy a seating position that is fitted with an approved seatbelt; and

(b)must wear the seatbelt; and

(c)must not occupy a seating position in the front row unless the passenger is also exempt under rule 267(4).".

(2)Rule 266A(6) of the Principal Rules is revoked.

13Exemptions from wearing seatbelts—certificate exempting person

(1)In rule 267(4) of the Principal Rules, for "266A(4)(d)" substitute "266A(4)(c)".

(2)In rule 267(5) of the Principal Rules—

(a)in paragraph (b), for "person." substitute "person; and";

(b)after paragraph (b) insert—

"(c)the certificate is produced or uploaded in accordance with a requirement specified in an infringement notice for a camera detected seatbelt offence by the person to whom the infringement notice is issued.

Note

Camera detected seatbelt offence is defined in the Road Safety Act 1986.".

14Exemption from wearing seatbelt—seating position not fitted with seatbelt

In rule 267A(3) of the Principal Rules, for "266A(4)(d)" substitute "266A(4)(c)".

15Rules 299 and 300 revoked

Rules 299 and 300 of the Principal Rules are revoked.

16New Part 18A inserted

After Part 18 of the Principal Rules insert—

"Part 18A—Use of devices in or on vehicles, wheeled recreational devices and electric personal transporters

Division 1—Interpretation

304ADefinitions

In this Part—

device has the meaning given by rule 304B;

display has the meaning given by rule 304D;

fully licensed driver has the meaning given by rule 304GB;

inbuilt device means—

(a)one of the following items, if it is an inbuilt part of a vehicle, a wheeled recreational device or an electric personal transporter—

(i)an information, navigation or entertainment system;

(ii)a dispatch system;

(iii)a heads-up display; or

(b)any other item that—

(i)is an inbuilt part of a vehicle, a wheeled recreational device or an electric personal transporter; and

(ii)has the required capabilities;

in-vehicle transaction has the meaning given by rule 304GA;

motor bike helmet device means—

(a)one of the following items, if it is an inbuilt part of an approved motor bike helmet or is affixed to an approved motor bike helmet—

(i)a communicator;

(ii)a navigation system;

(iii)a mobile phone;

(iv)a media player;

(v)a camera; or

(b)any other item that—

(i)is an inbuilt part of an approved motor bike helmet or is affixed to an approved motor bike helmet; and

(ii)has the required capabilities;

Note

Approved motor bike helmet is defined in rule 270(3).

mounted device means—

(a)one of the following items, if it is securely mounted in or on a vehicle, a wheeled recreational device or an electric personal transporter—

(i)a dispatch system;

(ii)a heads-up display;

(iii)a tablet;

(iv)a mobile phone;

(v)a media player;

(vi)a camera;

(vii)a laptop;

(viii)a video game console;

(ix)an information, navigation or entertainment system; or

(b)any other item that—

(i)is securely mounted in or on a vehicle, a wheeled recreational device or an electric personal transporter; and

(ii)has the required capabilities;

novice driver has the meaning given by rule 304GC;

ongoing activity, in relation to a device, has the meaning given by rule 304E(3);

operating, in relation to a device, has the meaning given by rule 304E(1);

portable device means—

(a)one of the following items (other than an inbuilt device, a mounted device, a motor bike helmet device or a wearable device)—

(i)a dispatch system;

(ii)a tablet;

(iii)a mobile phone;

(iv)a media player;

(v)a camera;

(vi)a laptop;

(vii)an information, navigation or entertainment system;

(viii)a video game console; or

(b)any other item that—

(i)is not an inbuilt device, a mounted device, a motor bike helmet device or a wearable device; and

(ii)has the required capabilities;

professional driving task means a task that supports a professional driver's performance of work-related functions undertaken while driving, and includes the following in relation to the professional driver's work—

(a)accepting or rejecting a job;

(b)information gathering;

(c)maintaining security;

(d)maintaining safety;

(e)facilitating passenger movement;

Examples of professional driving tasks

1For information gathering—obtaining information about upcoming journeys, pick-ups or drop-offs.

2For maintaining security—monitoring passengers or livestock in a vehicle.

3For facilitating passenger movement—operating the doors of a bus.

required capabilities has the meaning given by rule 304C;

securely mounted, in relation to a mounted device, means—

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

(b)the device is secured in the mounting; and

(c)the mounting is affixed to a vehicle, a wheeled recreational device or an electric personal transporter, in the manner intended by the manufacturer;

Note

A device that is not securely mounted may be a portable device.

touching, in relation to a device, has the meaning given by rule 304E(2);

wearable device means—

(a)one of the following items, if it is worn by a person in a motor vehicle (including the driver), the rider of a bicycle, the rider of an electric scooter, a person travelling in or on a wheeled recreational device, a person travelling on an electric personal transporter or the driver of a vehicle that is not a motor vehicle—

(i)a smart watch;

(ii)a wearable heads-up display; or

(b)any other item (other than a motor bike helmet device), that—

(i)is worn by a person in a motor vehicle (including the driver), the rider of a bicycle, the rider of an electric scooter, a person travelling in or on a wheeled recreational device, a person travelling on an electric personal transporter or the driver of a vehicle that is not a motor vehicle, in the manner intended by the manufacturer; and

(ii)has the required capabilities.

wearing, in relation to an item, means wearing the item or wearing an accessory attached to or holding the item, but does not include keeping the item—

(a)in a pocket; or

(b)in a pouch attached to clothing.

304BWhat is a device

(1)In this Part, a device is—

(a)an inbuilt device; or

(b)a motor bike helmet device; or

(c)a mounted device; or

(d)a portable device; or

(e)a wearable device.

(2)A device does not include—

(a)a CB radio or any other two-way radio; or

(b)an item in or on a police vehicle, an emergency vehicle, an enforcement vehicle or a sheriff's vehicle.

Note

Police vehicle, emergency vehicle, enforcement vehicle and sheriff's vehicle are defined in the dictionary.

304CMeaning of required capabilities

In this Part, an item has the required capabilities if it has—

(a)the capability of communicating wirelessly or retrieving information electronically; and

(b)the capability of making a display show information by wired, wireless, projection or other technology.

304DWhat is a display

(1)In this Part, a display is—

(a)a screen; or

(b)a surface capable of displaying a projection; or

(c)any other physical source capable of showing information, including a part of the screen, surface or source.

(2)In this Part, a reference to the display of a device is a reference to a display that is—

(a)built into the device; or

(b)connected to the device by wired, wireless or other technology permitting the device to make the display show information; or

(c)in the case of a display that is a surface capable of displaying a projection and not connected to a device—positioned in a way that permits the device to make the display show information.

304EMeaning of operating, touching and ongoing activity

(1)In this Part, operating in relation to a device includes—

(a)touching the device; and

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

(c)permitting ongoing activity on the device.

(2)In this Part, touching in relation to a device means (whether or not the device is on or operating)—

(a)directly manipulating the device with a hand, finger or stylus; or

(b)other physical contact between the device and a person or an implement held by a person.

(3)In this Part, ongoing activity in relation to a device means activity on the device that is caused by—

(a)the earlier use of a function on the device by a person; or

(b)a function performed automatically by the device.

304FStationary and parked vehicles, wheeled recreational devices or electric personal transporters

(1)For the purposes of this Part, a stopped or stationary motor vehicle may be parked even though—

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

(b)the engine of the motor vehicle is running.

Note

Park is defined in the dictionary.

(2)For the purposes of this Part, a vehicle, a wheeled recreational device or an electric personal transporter is stationary but not parked if the vehicle, the wheeled recreational device or the electric personal transporter (as the case may be) is stopped—

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

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

(c)only because of traffic conditions or a traffic control device.

Note

Traffic control device is defined in the dictionary.

304GPermitted device interactions

(1)Unless otherwise expressly stated, this Part does not prohibit a person specified in subrule (2) from doing any of the following—

(a)permitting the display of a device to show the following information—

(i)if the device is locked—static or variable information shown on the device's ordinary locked screen;

(ii)if the device is unlocked—static or variable information shown on the device's ordinary menu screen;

(iii)static information as a result of an automatic notification, including notification of an incoming audio or video call;

Examples

Examples of variable information include—

1The date and time.

2The battery power of a device.

3The temperature and weather conditions.

(b)if the vehicle, the wheeled recreational device or the electric personal transporter (as the case may be) is stationary at a location intended to be used for an in-vehicle transaction—using a function on, or incidentally touching, the device for the purpose of carrying out an in-vehicle transaction;

Note

In-vehicle transaction is defined in rule 304GA.

(c)using a function on, or touching, the device to the extent necessary to comply with a requirement of a police officer or an authorised person;

Example

An example of touching a device includes touching or picking up a device stored in, or as part of, a wallet.

Note

Authorised person and police officer are defined in the dictionary.

(d)in the case of an inbuilt device, a mounted device, a motor bike helmet device or a wearable device—

(i)permitting ongoing activity on the display of the device for the purpose of showing static or moving images associated with the safety or operation of the vehicle, the wheeled recreational device or the electric personal transporter (as the case may be); or

(ii)using a function on the device for the purpose of—

(A)disabling a visual or aural distraction caused by the device, or

(B)ending ongoing activity on the display of the device.

(2)For the purposes of subrule (1)(a), (b), (c) and (d)(i), the following persons are specified—

(a)a fully licensed driver, a novice driver or a passenger in a motor vehicle;

(b)the rider of a bicycle;

(c)the rider of an electric scooter;

(d)a person travelling in or on a wheeled recreational device;

(e)a person travelling on an electric personal transporter;

(f)the driver of a vehicle that is not a motor vehicle.

(3)For the purposes of subrule (1)(d)(ii), the following persons are specified—

(a)a fully licensed driver or a passenger in a motor vehicle;

(b)the rider of a bicycle;

(c)the rider of an electric scooter;

(d)a person travelling in or on a wheeled recreational device;

(e)a person travelling on an electric personal transporter;

(f)the driver of a vehicle that is not a motor vehicle.

304GAWhat is an in-vehicle transaction

(1)In this Part, an in-vehicle transaction is one of the following transactions that is conducted by a person specified in subrule (2) without the person leaving the vehicle, the wheeled recreational device or the electric personal transporter (as the case may be)—

(a)a commercial transaction in which the person makes payment;

(b)a transaction in which an item or source located immediately outside the vehicle, the wheeled recreational device or the electric personal transporter (as the case may be) is used to transmit, scan or receive information;

(c)a transaction to enable the vehicle, the wheeled recreational device or the electric personal transporter (as the case may be) to enter a road related area or land adjacent to a road;

(d)a transaction requiring the production of physical or electronic documentation.

Examples

1Redeeming electronic coupons or vouchers.

2Scanning QR codes.

3Presenting physical or electronic identification.

4Paying for a product with a tap-and-go payment application on phone at a food drive through.

(2)For the purposes of subrule (1), the following persons are specified—

(a)a person in a motor vehicle (including the driver);

(b)the rider of a bicycle;

(c)the rider of an electric scooter;

(d)a person travelling in or on a wheeled recreational device;

(e)a person travelling on an electric personal transporter;

(f)the driver of a vehicle that is not a motor vehicle.

304GBWho is a fully licensed driver

In this Part, a fully licensed driver is the driver of a motor vehicle who is—

(a)the holder of—

(i)a full driver licence (other than a full motor cycle licence); or

(ii)a motor cycle licence that has been held for a period of 3 years or more; or

(iii)a licence that authorises the driver to drive a motor vehicle that—

(A)was issued in another Australian State or a Territory or another country; and

(B)is not a provisional licence, a licence on probation or a licence that is the equivalent of a learner permit; and

(b)permitted to drive the motor vehicle under the Act, the Regulations under the Act and that licence.

304GCWho is a novice driver

In this Part, a novice driver is the driver of a motor vehicle who is—

(a)the holder of—

(i)a learner permit; or

(ii)a learner permit or licence issued in another Australian State or a Territory; or

(iii)a probationary driver licence; or

(iv)a probationary or provisional licence issued in another Australian State or a Territory; or

(v)a motor cycle licence that has been held for a period of less than 3 years; and

(b)permitted to drive the motor vehicle under the Act, the Regulations under the Act and that licence or permit.

304GDCalculation of period for which person has held a motor cycle licence

For the purposes of rules 304GB and 304GC, in calculating the period for which a person has held a motor cycle licence, any period for which the person was not permitted to drive must be excluded.

Division 2—Operation of devices in motor vehicles

304HOperation of inbuilt devices, mounted devices and motor bike helmet devices in motor vehicles

(1)Subject to subrules (2) to (5), a person in a motor vehicle must not operate an inbuilt device, a mounted device or a motor bike helmet device while the vehicle is moving, or is stationary but not parked.

Penalty:10 penalty units.

Notes

1     Inbuilt device, motor bike helmet device and mounted device are 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 or a passenger in a motor vehicle may operate an inbuilt device, a mounted device or a motor bike helmet device in the motor vehicle while the vehicle is moving, or is stationary but not parked, if the operation of the device—

(a)does not involve the driver—

(i)entering information, text, numbers or symbols on the device, unless the operation is performed using voice controls only; or

(ii)scrolling on 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 use a function on the device designed to assist a driver to operate a vehicle, including—

(A)a vehicle camera or other driver assistance system; or

(B)a vehicle safety function or vehicle diagnostic system; or

(C)a climate control function;

(iv)to use a navigation function on the device;

(v)to use a function on the device designed to monitor a driver's behaviour or condition;

(vi)to carry out a professional driving task;

(vii)to adjust volume levels for a purpose mentioned in subparagraphs (i) to (vi) that involves sound.

Note

Professional driving task is defined in rule 304A. For the meaning of fully licensed driver, see rule 304GB.

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

(a)does not involve the driver—

(i)entering information, text, numbers or symbols on the device; or

(ii)scrolling on the device; or

(iii)operating the device using voice controls; and

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

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

(ii)to use a function on the device designed to assist a driver to operate a vehicle, including—

(A)a vehicle camera or other driver assistance system; or

(B)a vehicle safety function or vehicle diagnostic system; or

(C)a climate control function;

(iii)to use a navigation function on the device;

(iv)to use a function on the device designed to monitor a driver's behaviour or condition;

(v)to adjust volume levels for a purpose mentioned in subparagraphs (i) to (iv) that involves sound.

Note

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

(4)A novice driver may operate a mounted device or a motor bike helmet device in a motor vehicle while the 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; or

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

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

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

(ii)to use a navigation function on the device.

Note

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

Example

Novice drivers may use a mounted device while driving to listen to music or use navigation if set up prior to driving. Once they are driving, they cannot adjust the devices by any method. If they want to change the volume, the song or the destination in the navigation app, they will need to pull over.

(5)This rule does not apply to the operation of an inbuilt device, a mounted device or a motor bike helmet device that—

(a)is in a bus; and

(b)creates or displays material indicating a destination or otherwise functioning as a bus sign.

304IOperation of wearable devices in motor vehicles

(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.

304JTouching or looking at portable devices in motor vehicles

(1)The driver of a motor vehicle must not touch a portable device in the motor vehicle while the vehicle is moving, or is stationary but not parked.

Penalty:In the case of a natural person, 10 penalty units;

In the case of a body corporate, 120 penalty units.

Notes

1 A body corporate may be guilty of the offence by force of section 84BC of the Road Safety Act 1986.

2     Portable device is defined in rule 304A.

3     For the meaning of touching, in relation to a device, see rule 304E(2).

4     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.

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

6     See rules 304K and 304KA in relation to the driver of a motor vehicle operating a portable device other than by touching the device.

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

Penalty:10 penalty units.

Notes

1     Portable device is defined in rule 304A.

2     For the meaning of display, see rule 304D.

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

4     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.

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

(3)The driver of a motor vehicle must not have a portable device resting on any of the following—

(a)the driver's body;

(b)clothes worn by the driver;

(c)an item in the driver's lap—

while the vehicle is moving, or is stationary but not parked.

Penalty:In the case of a natural person, 10 penalty units;

In the case of a body corporate, 120 penalty units.

Notes

1 A body corporate may be guilty of the offence by force of section 84BC of the Road Safety Act 1986.

2     Portable device is defined in rule 304A.

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.

(4)Subrule (3) does not apply if the device is kept—

(a)in the driver's pocket; or

(b)in a pouch attached to the driver's clothing.

(5)For the purposes of the definition of portable device offence in section 84(8) of the Act, the offences under subrules (1) and (3) are portable device offences.

304KOperation of portable devices other than by touching by fully licensed drivers

(1)A fully licensed driver of a motor vehicle must not operate a portable device in the motor vehicle in a manner specified in subrule (3) if—

(a)the vehicle is moving, or is stationary but not parked; and

(b)the display of the device is visible to the driver from the normal driving position.

Penalty:10 penalty units.

Notes

1     Portable device is defined in rule 304A.

2     For the meaning of display, see rule 304D.

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 304J in relation to the driver of a motor vehicle operating a portable device by touching the portable device.

5     For the meaning of fully licensed driver, see rule 304GB.

(2)A fully licensed driver of a motor vehicle must not operate a portable device in the motor vehicle in a manner specified in subrule (3) if—

(a)the vehicle is moving, or is stationary but not parked; and

(b)the operation of the device is likely to distract another driver.

Penalty:10 penalty units.

(3)For the purposes of subrules (1) and (2), the manner in which a fully licensed driver must not operate a portable device is—

(a)operating the device using voice controls; or

(b)permitting ongoing activity on the display of the device.

304KAOperation of portable devices other than by touching by other drivers

The driver of a motor vehicle who is not a fully licensed driver must not operate a portable device—

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

(b)by permitting ongoing activity on the display of the device—

while the vehicle is moving, or is stationary but not parked.

Penalty:10 penalty units.

Notes

1     Portable device is defined in rule 304A.

2     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.

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

4     Rule 304J(1) prohibits the driver of a motor vehicle from operating a portable device by touching the portable device.

5     For the meaning of fully licensed driver, see rule 304GB.

Division 3—Operation of devices in relation to bicycles, electric scooters and vehicles that are not motor vehicles

304LOperation of inbuilt devices, mounted devices and motor bike helmet devices on bicycles and electric scooters and in vehicles that are not motor vehicles

(1)Subject to subrule (2), the rider of a bicycle or an electric scooter, or the driver of a vehicle that is not a motor vehicle, must not operate an inbuilt device, a mounted device or a motor bike helmet device while the vehicle is moving, or is stationary but not parked.

Penalty:10 penalty units.

Notes

1     Bicycle and electric scooter are defined in the dictionary.

2     Inbuilt device, motor bike helmet device and mounted device are defined in rule 304A.

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

4     Rule 304F(2) deals with how stopped bicycles, electric scooters and vehicles that are not motor vehicles are stationary but not parked.

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

(2)The rider of a bicycle or an electric scooter, or the driver of a vehicle that is not a motor vehicle, may operate an inbuilt device, a mounted device or a motor bike helmet device while the vehicle is moving, or is stationary but not parked, if the operation of the device—

(a)does not involve the rider or the driver (as the case may be)—

(i)entering information, text, numbers or symbols on the device, unless the operation is performed using voice controls only; or

(ii)scrolling on 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 use a function on the device designed to assist a rider or a driver to operate the vehicle, including—

(A)a vehicle camera or other driver assistance system; or

(B)a vehicle safety function or vehicle diagnostic system; or

(C)a climate control function;

(iv)to use a navigation function on the device;

(v)to use a function on the device designed to monitor a rider's or a driver's behaviour or condition;

(vi)to carry out a professional driving task;

(vii)to adjust volume levels for a purpose mentioned in subparagraphs (i) to (vi) that involves sound.

Note

Professional driving task is defined in rule 304A.

304MOperation of wearable devices on bicycles and electric scooters and in vehicles that are not motor vehicles

(1)Subject to subrule (2), the rider of a bicycle or an electric scooter, or the driver of a vehicle that is not 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     Bicycle and electric scooter are defined in the dictionary.

2     Wearable device is defined in rule 304A.

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

4     Rule 304F(2) deals with how stopped bicycles, electric scooters and vehicles that are not motor vehicles are stationary but not parked.

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

(2)The rider of a bicycle or an electric scooter, or the driver of a vehicle that is not a motor vehicle, may operate a wearable device while the vehicle is moving, or is stationary but not parked, if the operation of the device—

(a)does not involve the rider or the driver (as the case may be) touching the device (other than by incidental physical contact with the device that is caused by the rider or 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 touching, in relation to a device, see rule 304E(2).

304NOperation of portable devices on bicycles and electric scooters and in vehicles that are not motor vehicles

(1)The rider of a bicycle or an electric scooter, or the driver of a vehicle that is not a motor vehicle, must not, while the vehicle is moving, or is stationary but not parked—

(a)touch a portable device; or

(b)otherwise operate a portable device—

(i)while the display of the device is visible to the rider or driver from the normal riding or driving position; or

(ii)in a way that is likely to distract another driver.

Penalty:10 penalty units.

Notes

1     Bicycle and electric scooter are defined in the dictionary.

2     Portable device is defined in rule 304A.

3     For the meaning of touching, in relation to a device, see rule 304E(2). For the meaning of display, see rule 304D.

4     Rule 304F(2) deals with how stopped bicycles, electric scooters and vehicles that are not motor vehicles are stationary but not parked.

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

(2)The rider of a bicycle or an electric scooter, or the driver of a vehicle that is not a motor vehicle, must not have a portable device resting on any of the following—

(a)the rider's or the driver's body;

(b)clothes worn by the rider or the driver;

(c)an item in the rider's or the driver's lap—

while the bicycle, the electric scooter or the vehicle that is not a motor vehicle is moving, or is stationary but not parked.

Penalty:10 penalty units.

Notes

1     Bicycle and electric scooter are defined in the dictionary.

2     Rule 304F(2) deals with how stopped electric scooters and vehicles that are not motor vehicles are stationary but not parked.

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

(3)Subrule (2) does not apply if the rider or the driver is keeping the device—

(a)in the rider's or the driver's pocket; or

(b)in a pouch attached to the rider's or the driver's clothing.

Division 4—Operation of devices in relation to wheeled recreational devices and electric personal transporters

304OOperation of inbuilt devices, mounted devices and motor bike helmet devices in or on wheeled recreational devices and electric personal transporters

(1)Subject to subrule (2), a person travelling in or on a wheeled recreational device or an electric personal transporter must not operate an inbuilt device, a mounted device or a motor bike helmet device while the wheeled recreational device or the electric personal transporter is moving, or is stationary but not parked.

Penalty:10 penalty units.

Notes

1     Inbuilt device, motor bike helmet device and mounted device are defined in rule 304A.

2     Electric personal transporter and wheeled recreational device are defined in the dictionary.

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

4     Rule 304F(2) deals with how stopped wheeled recreational devices and electric personal transporters are stationary but not parked.

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

(2)A person travelling in or on a wheeled recreational device or an electric personal transporter may operate an inbuilt device, a mounted device or a motor bike helmet device while the wheeled recreational device or the electric personal transporter is moving, or is stationary but not parked, if the operation of the device—

(a)does not involve the person—

(i)entering information, text, numbers or symbols on the device, unless the operation is performed using voice controls only; or

(ii)scrolling on 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 use a function on the device designed to assist a person travelling in or on a wheeled recreational device or an electric personal transporter to operate the wheeled recreational device or the electric personal transporter, including—

(A)a camera or other assistance system of the wheeled recreational device or electric personal transporter; or

(B)a safety function or diagnostic system of the wheeled recreational device or electric personal transporter; or

(C)a climate control function;

(iv)to use a navigation function on the device;

(v)to use a function on the device designed to monitor the behaviour or condition of the person travelling in or on the wheeled recreational device or the electric personal transporter;

(vi)to adjust volume levels for a purpose mentioned in subparagraphs (i) to (v) that involves sound.

Note

Device is defined in rule 304B.

304POperation of wearable devices in or on wheeled recreational devices and electric personal transporters

(1)Subject to subrule (2), a person travelling in or on a wheeled recreational device or an electric personal transporter must not operate a wearable device while the wheeled recreational device or the electric personal transporter is moving, or is stationary but not parked.

Penalty:10 penalty units.

Notes

1     Wearable device is defined in rule 304A.

2     Electric personal transporter and wheeled recreational device are defined in the dictionary.

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

4     Rule 304F(2) deals with how stopped wheeled recreational devices and electric personal transporters are stationary but not parked.

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

(2)A person travelling in or on a wheeled recreational device or an electric personal transporter may operate a wearable device while the wheeled recreational device or the electric personal transporter is moving, or is stationary but not parked, if the operation of the wearable device—

(a)does not involve the person touching the wearable device (other than by incidental physical contact with it that is caused by the wearer); and

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

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

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

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

Example

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

Note

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

304QOperation of portable devices in or on wheeled recreational devices and electric personal transporters

(1)A person travelling in or on a wheeled recreational device or an electric personal transporter must not, while the wheeled recreational device or the electric personal transporter is moving, or is stationary but not parked—

(a)touch a portable device; or

(b)otherwise operate a portable device—

(i)while the display of the portable device is visible to the person from the normal travelling position; or

(ii)in a way that is likely to distract a driver.

Penalty:10 penalty units.

Notes

1     Driver is defined in rule 16. Portable device is defined in rule 304A.

2     Electric personal transporter and wheeled recreational device are defined in the dictionary.

3     For the meaning of display, see rule 304D.

4     For the meaning of touching, in relation to a device, see rule 304E(2).

5     Rule 304F(2) deals with how stopped wheeled recreational devices and electric personal transporters are stationary but not parked.

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

(2)A person travelling in or on a wheeled recreational device or an electric personal transporter must not have a portable device resting on any of the following—

(a)the person's body;

(b)clothes worn by the person;

(c)an item in the person's lap—

while the wheeled recreational device or the electric personal transporter is moving, or is stationary but not parked.

Penalty:10 penalty units.

Notes

1     Portable device is defined in rule 304A.

2     Electric personal transporter and wheeled recreational device are defined in the dictionary.

3     Rule 304F(2) deals with how stopped wheeled recreational devices and electric personal transporters are stationary but not parked.

(3)Subrule (2) does not apply if the device is kept—

(a)in the person's pocket; or

(b)in a pouch attached to the person's clothing.".

17Dictionary

In the dictionary to the Principal Rules insert the following definition—

"relocatable digital RSC has the same meaning as in the Road Safety (General) Regulations 2019;".

═════════════

Endnotes


[1] Rule 4: S.R. No. 41/2017 as amended by S.R. Nos 6/2018, 87/2018, 88/2018, 96/2019, 121/2019, 153/2019, 121/2020, 35/2021, 111/2021, 135/2021, 30/2022 and 38/2022.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0