Victorian Consolidated Regulations Victorian Consolidated Regulations(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.
Rule 304K inserted by S.R. No. 7/2023 rule 16.