Using mobile phones while driving - new law

In November 2009 new laws were introduced in relation to using mobile phones and visual display units while driving. A summary of these are below:

Mobile phones
The law about using mobile phones and monitor screens in vehicles has changed. It is now an offence to use a mobile phone to:

• make or receive call use GPS (global positioning function)
• play music or other audio while driving unless the mobile phone:

• is securely attached in the vehicle in a commercially designed holder or
• can be used without the driver touching any part of the phone.

A driver must not have their mobile resting on their lap while they are driving. Text messaging, video calls. playing games and taking photos are also prohibited. It is an offence to use hand held mobile phones or visual display units while stationary at red lights. The driver must pull over and park their vehicle before taking or making a call. Learner drivers and drivers with a P1 licence are not permitted to use a mobile phone at all while driving, even if it is a 'hands free' phone.

Visual display units
Visual display units are screens that display images or text. Drivers are not allowed to drive a motor vehicle with a visual display unit operating if any part of the screen:

• can be seen by the driver or
• is likely to distract another driver.

GPS - global positioning systems
It is not an offence to use a visual display unit which is a drivers' aid, such as a GPS, if the device is:

• an integrated part of the vehicle or
• securely attached in a commercial mounting to the vehicle in the way designed by the manufacturer.

Note: a mobile phone with GPS function may be used if it is attached to the vehicle with commercially designed holder.   

Motorcyclists are prohibited from using any visual display unit.

Penalties
The maximum penalty for :

• using a mobile telephone is 10 penalty units
• using a visual display unit is10 penalty units.

If you are caught using a mobile phone while driving you can get 3 demerit points.

This information was sourced from the Victorian Legal Aid website. For additional information, go to their website or the VicRoads website from the links below.