Victorian Consolidated Regulations

ROAD SAFETY ROAD RULES 2017 - REG 304H

    (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.

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