Victorian Consolidated Regulations

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ROAD SAFETY ROAD RULES 2017 - REG 304K

Operation 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.

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



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