Victorian Consolidated Regulations

ROAD SAFETY ROAD RULES 2017 - REG 304A

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

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

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

3     For 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.

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