Tue. Nov 5th, 2024
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New Victorian drivers will have to be parked to change a song under road rules set to come into effect next month.

The changes are aimed at reducing potentially deadly incidents, with government statistics showing distraction is involved in at least 11 per cent of road fatalities.

The rules will come into effect from March 31 and will bring Victoria into line with a number of other jurisdictions across the country.

But since they’ve been announced, there’s also been some confusion about how they will be enforced.

Here’s what we know.

P-platers and L-platers won’t be able to make calls or change songs while driving

Put simply, learner and probationary drivers are not allowed to touch any phone, tablet or smart device while operating a vehicle on the road.

The limited exceptions relate to mounted devices and navigation or entertainment systems built into the car. 

A close-up on a man's hand gripping the steering wheel. A mobile phone sits in its mount on the dashboard.
Devices must kept in mounts which are commercially designed and manufactured for that purpose.(ABC News: Taryn Southcombe)

Once a phone or navigation device is mounted, it will still only be able to be used for navigation or playing audio which is set up before the vehicle gets going.

“You must pull over and park to change a song or enter a different address,” the VicRoads explanation says.

Voice controls cannot be used for any device, including those which are mounted, in-built or wearable, if you’re on your Ls or Ps.

Taking or making any phone calls is banned, even if you’re using voice controls.

Drivers can briefly touch in-built systems “to adjust navigation settings, climate controls and audio functions”.

A car with an L-plate painted on
The rules are tougher for drivers new to the roads.(ABC News: Hugh Hogan)

And motorbike riders on their learner or probationary licences are allowed to use a helmet device for playing audio or navigating — provided they don’t touch any of the controls.

“Learners and probationary drivers are at a much greater risk in their first years of driving so stronger conditions will apply,” the government said when it announced the rules.

Rules for full licence holders are also being tweaked

All motorists face a fine of $555 and four demerit points if they’re caught driving distracted.

Like with people on their Ps and Ls, the main goal of the laws is to keep people off their devices while driving.

“Distraction is deadly — which is why we’re introducing these new road rules to protect the lives of Victorians,” Roads Minister Melissa Horne said in a statement when announcing the rules.

A man holds a mobile phone while driving a car.
The rules are aimed at keeping drivers focused on the roads.(Alexandre Boucher on Unsplash)

The rules now also clarify that drivers will be able to use a mobile phone to pay at drive-through outlets — something which was technically banned previously.

Broadly, drivers cannot touch an unmounted device while driving — which covers phones, tablets, laptops and all other devices. That includes resting the device on any part of the body or passing a phone to a passenger.

But there are a few more exceptions for people with their full licence.

As with the current laws, if a device is mounted, fully licensed drivers can briefly touch the screen to start, take or reject a phone call, play audio, adjust volume levels and navigate.

But they are specifically banned from scrolling, displaying text messages or social media, emails or photos. They’re also banned from playing videos or games, taking video calls and entering any text, numbers or symbols.

The Australian National Crash In-Depth Study estimates distraction is the main contributing factor in approximately 16 per cent of serious casualty road crashes across the nation.

There are now specific rules about smart watches and other wearables

Hands on a steering wheel with a smart watch on the left wrist.
Smart watches will now covered by similar rules to phones.(Supplied: Susannah Hilliar)

As many more people adopt wearable technology, the laws now specifically mention smart watches and smart glasses.

You are only allowed to use a smart watch as a fully licensed driver if you’re making or taking a call, playing audio or adjusting volume levels.

You can still use the time-telling functions of the watch.

Before you’re fully licensed, the no-distraction rules are still in place.

L and P-platers can only use a smart watch to play music while driving, for instance, if it’s set up before the journey begins. 

AI cameras will be used to spot rule breaking

Man used mobile phone while driving in black and white image taken by new camera.
Phone-detecting cameras are in use across much of the rest of the country.(Supplied: Department of Transport and Main Roads)

The new laws are coming into effect about the same time as new cameras will be rolled out across parts of the state.

As in many other jurisdictions across the country, artificial intelligence will be used to snap photos of drivers using their mobile phones or not wearing a seatbelt.

In Queensland, similar technology caught 170,000 Queensland drivers and front-seat passengers in a year, raking in nearly $160 million in fines.

There is no specific date for the cameras to start being used, but it is expected to be this year. A three-month warning period will be in place before fines are issued.

The rules have been met with some confusion

There has been some confusion about policing and enforcement since the laws were announced on Tuesday.

A Department of Transport representative told radio station 3AW on Wednesday that drivers could be fined $555 for having their phone on the passenger seat.

The department later clarified that as long as the driver was not interacting with the phone, they would not.

Reporters on Wednesday asked government minister Ben Carroll how police or cameras would know whether someone was looking at their smart watch for the time or for another purpose.

Similarly, he faced questions about how they would know whether someone was touching a mounted phone screen briefly, as is permitted, or to read a text, which is banned.

He said there was “always a right to challenge” fines through the legal system.

The opposition has criticised the government for the confusion, with Shadow Police Minister Brad Battin saying the laws have been rushed through.

The full list of the rules can be found on the VicRoads website.

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