Fairfax Digital in its “Digital Life” column last week reported that, on the 9th of November this year, recommendations made in the Australian Road Rule 8th Amendment Package will be introduced into legislation in Victoria.

This package is an updated set of road and traffic laws which were approved by all state and territory Road Ministers in February.

The Amendment Package says that “the proposed amendments are required to make the Australian Road Rules more succinct and contemporary”, thereby contributing to the safety of road users and the efficient movement of traffic.

Unfortunately, Mr Stephen Hutcheon wrote an article for Digital Life which was published in the SMH, the Brisbane Times,  WA Today et cetera, with an alarming headline:

“Sat nav apps could be heading for a dead end“;

with a page title which read:

“New Road Rules Threaten Phone GPS”.

A report by the ABC was more objective and less sensational.

I’m pleased to report that the Fairfax headlines are misleading and incorrect.

Existing Legislation

The current Road Rule 300(1) prohibits drivers from using a hand-held mobile phone while driving.  It’s as simple as that.  If you are driving, and using, a mobile phone which is held in your hand, you are committing an offence.

This section says:

The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a hand-held mobile phone while the vehicle is moving, or is stationary but not parked, unless the driver is exempt from this rule under subrule (3).

Subrule (3) makes provision for drivers to be issued formal exemptions by VicRoads.

This road rule means, for example:

• if you’re holding a phone to your ear, while driving a car, you’re committing an offence;
• if you’re holding a phone on “loudspeaker” while driving, you’re committing an offence;
• if you’re holding a phone and texting while driving, you’re committing an offence;
• if you’re holding a phone and checking your GPS location in Google Latitude while driving, you’re committing an offence; and/or
• if you’re holding a phone and taking a photograph out the front windscreen while driving, you’re committing an offence.

Also:

• you can legally use a phone while driving, if the phone’s in a hands-free car-kit, and not being held in your hand;
• you can legally use a phone while driving, if the phone’s on the seat beside you, connected via Bluetooth to a hands-free headset (this will change soon, requiring drivers to have phones secured in a commercially manufactured phone holder or kit); and
• you can legally use a phone, holding it to your ear, if you’re legally stopped on the side of the road and the engine is switched off – i.e. you are no longer a driver and have no intention of driving until such time that your phone call is finished.

What the new Amendment Package seeks to do is clarify the existing rules with respect to modern technology contained within mobile devices, including but not limited to GPS functions.

The new Amendment Package also addresses concerns that GPS devices (not telephones) could be held in a driver’s hand while the driver is driving, while the rules relating to mobile phones did not allow a driver to have a mobile phone in his or her hand.

Road Rule 299 (1) says:

A driver must not drive a motor vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen—

(a) is visible to the driver from the normal driving position; or

(b) is likely to distract another driver;

…while section (2) stipulates that the rule does not apply if the visual display unit is a driver’s aid, specifically including navigational equipment.

The new rules will provide consistency in that a GPS must be an integrated part of the vehicle, or secured in a mounting affixed to the vehicle.

Proposed Amendments

Television receivers and visual display units in motor vehicles: Rule 299 will be modified to ensure that any GPS device can only be used if it is in a fixed mounting.

This amendment will provide consistency with rule 300.

Use of mobile phones: Rule 300 will be modified to ensure the original intent of the rule is clarified; a driver is not permitted to use a mobile phone held in any way by the driver, but is permitted to use a phone in a fixed cradle.

Impact on Mobile Phone, GPS & Smart Phone Users

In the interests of everyone’s road safety, I don’t think these changes are a big ask.

Importantly, and contrary to reports in the mainstream media, the new road rules will not threaten phone GPS functions, standalone GPS functions or the ability to use mobile telephones while driving.

The new rules won’t “kill the burgeoning market in apps and services that enable smartphones to be used as satellite navigation systems”.

The new rules will simply clarify what is and isn’t permissible with new technology that’s emerged since the last time the regulations were reviewed.

If you’ve got an iPhone, and use it for GPS navigation while driving, drop it in a cradle.  Simple.  There are hundreds out there and they cost next-to-nothing.

That is, they certainly cost a lot less than a $238 fine.

Sources:

• The Victorian Government Gazette P2 – Road Rules Victoria
• Sydney Morning Herald: Sat Nav Apps Heading for a Dead End
• ABC News: New road rules on mobiles, GPS
• National Transport Commission: Australian Road Rules 8th Amendment Package

gps · mobile phone · mobile phones · mobiles · road rules · road rules victoria · sat nav · satnav