Say you get one of these
So if the phone is mounted. then are you allowed to touch it while driving or would you get the fine especially with the new mobile phone cameras everywhere?
Are You Allowed to Use Phone Holders to Avoid Fines?
yjun355 on 28/10/2020 - 06:45
Last edited 28/10/2020 - 07:20 by 1 other user
Last edited 28/10/2020 - 07:20 by 1 other user
Comments
Same in qld
The QLD laws are a bit ambiguous, it states "You can be fined $1000 and have 4 demerit points recorded against your traffic history if your mobile phone is in your hand and being used for any reason while you are driving—including when you're stopped at traffic lights or in congested traffic.
I just double checked and the Vic road rules actually say that you can use your phone for audio phone calls, audio playing functions (listening to music) or for navigation if the phone is secured in a mounting OR if the driver does not need to touch the phone to perform the action. i.e. you can touch it (for those functions only) if it's securely mounted.
Though it's still up to you if you want to risk it, I've heard of people being charged despite what the rule actually says.
Here's a direct link to Reg 300 on mobile use: ROAD SAFETY ROAD RULES 2017 - REG 300
And interestingly, you can't do that if you're on your P's or L's. It seems a strange restriction to me.
Yep, a P-plater can use a dedicated GPS, connect a dedicated music player to the car, talk on a CB but they can't use Google maps on their phone.
As long as you dont touch it (it's OK if you play with the radio or eat your McDonalds though). You should be OK to use hands free through your car audio system (though I did hear of a doctor in Perth getting fined for answering an emergency call cos he touched the phone to answer and not the audio unit!). Just be careful, and keep your eyes on the road, not your phone.
Yep, you can eat, smoke, shave, apply makeup while driving, but heaven forbid if you touch your phone… lol
Actually eating while driving is also an offence
so can smoking, shaving, applying make up while driving if the cop decides that you did not have full control of the vehicle at the tme of eating, shaving or applying make up…
297 Driver to have proper control of a vehicle etc
(1) A driver must not drive a vehicle unless the driver has proper control of the vehicle.And added to that, in regards to smoking in a vehicle, in NSW, it is illegal to smoke in a vehicle if there are kids under the age of 16 in the vehicle…
Public Health (Tobacco) Act 2008; it is an offence to smoke in a car with a child under 16 years of age in the vehicle.
In WA, if it's in a cradle, you can touch the phone to answer/end the call but that is the only time you are allowed to touch it.
Rules hereSome exclusions apply if you're driving an "On demand transport vehicle" like an Uber.
Why you need to touch your phone while driving? Just use Bluetooth or aux cable with in-line mic and button for your call.
You must have the new 2020 camry. My 1999 model doesn't have neither of those things.
get one of those Bluetooth car FM transmitters, that's what I use for my old Camry!
In NSW.
http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104…
https://www.gotocourt.com.au/legal-news/use-a-phone-while-dr…
When can you use a phone while driving?
Learners, P1 and P2 drivers and motorcyclists
If you are on a Learner’s Permit, are a P1 or P2 driver or are a motorcyclist you are never allowed to use a phone while driving (Road Rule 300).Full license drivers
If you are a fully licensed driver, you are allowed to use a phone while driving in the following circumstances:To answer or make a call;
To play audio material;
As a driver’s aid (eg. navigation)
However, these uses are permitted only if the phone:Is secured to the vehicle and does not obscure the driver’s view of the road; or
Can be operated without the driver pressing anything on the phone or manipulating any part of the phone (such as by voice activation).
A person is not allowed to use a phone while driving to send text messages, for emailing, to use social media or to take photos while driving. The penalty for using a phone contrary to the Road Rules is a fine of a maximum of 20 penalty units (currently $2200). The driver also faces five demerit points for an offence.Offences involving the use of a phone while driving are included in double demerit periods, meaning drivers face harsher penalties for breaking these Road Rules during relevant holiday periods, such as at Easter, Christmas and Australia Day.
Yep, have seen people reading the paper and using social media (when stopped at traffic lights) whilst the phone is in a mount. 🤦♂️
I've also seen people watching videos while their phone is in a mount while their vehicle is moving …
I've seen a person watching a TV show on their phone mounted on a cradle on the dash. The problem is the car was a convertible with the top down so everyone could see it.
@TheOtherLeft: Then that is illegal under Australian Road Rule 299.
299 Television receivers and visual display units in vehicles
(1) A driver must not drive a 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.
The fact the video was playing and it was a convertible and you noticed it means you were distracted by it, hence, breaking the 299(1b) rule.
@pegaxs: I guess that makes the reversing camera in my car illegal as it is (a) a visual display and (b) is visible to the driver from the normal driving position.
@st1ng: Negated by this part of the rule;
(2) This rule does not apply to the driver if—
(a) the driver is driving a bus and the visual display unit is, or displays, a destination sign or other bus sign, or
(b) the visual display unit is used as a driver’s aid and either—
(i) is an integrated part of the vehicle design, or
(ii) is secured in a mounting affixed to the vehicle while being used, or
Thanks. I'm in NSW. So if you using for navigation, you can touch screen as long as phone if secured?
Yep. It has to be secured in a commercial mount, you can't just tape it to your steering wheel.
Thing I don’t understand, you can touch your touchscreen radio as much as you want while driving…
You want logical rules???????? Do you not understand how government works?
guess most ppl don't touch it as many times as some business ppl would answering calls or worse texting while driving cant look at the road and text way too stupid
I find it harder to use since you need to stretch your hand more and there's a lack of feedback.
Because people will use that as an excuse to txt/FB/Twitter/Insta while driving (no officer, I was just changing music).
People can't be trusted so it's got to be a blanket rule for all use.
Yeah, love how some Ozbargainers don’t realise how others game systems.
All they need to do is look at all the posts here for example, for mobile plan churning, student discounts when not a student etc etc
😀
Btw that’s not a criticism of those creative enough to play the games
Anyone got a recommendation for a better mount that the one in OP's post?
The RAM mounts are bombproof and fit lots of different devices - but they are not cheap.
https://www.mrmobile.net.au/ram-car-windscreen-suction-cup-p…
I don't take the chance. I have BT on my steering wheel for answering calls, but if I need to look at the phone, I pull over when I can and even turn off my car. Better to lose a few minutes vs. demerits and a fine. No thanks.
As soon as you touch the phone, at least in Victoria, while driving, it’s illegal