New Vic GPS laws

[backPAQer]

Oh well...back to the old-fashioned way then

[solomonfamily]

Oh well...back to the old-fashioned way then

The map is upside down......

Does the new law say we can't press a button in the gps while driving ?

[rhinogeo]

Does the new law say we can't press a button in the gps while driving ?

From the VicRoads website

Mobile phones
Using a mobile phone while driving is prohibited, except to make or receive a phone call or to use its audio/music functions provided the phone:

* is secured in a commercially designed holder fixed to the vehicle,
or
* can be operated by the driver without touching any part of the phone.

Using a phone as a GPS while driving is prohibited unless it is secured in a commercially designed holder fixed to the vehicle.

All other functions (including video calls, texting and emailing) are prohibited.

Learner and P1 drivers, are prohibited from using a mobile phone at all while driving.

Holding the phone (whether or not engaged in a phone call) is also prohibited. Holding includes resting the mobile on the driver’s lap.

Visual display units (e.g. GPS units)
A driver must not drive a vehicle that has a television receiver or a visual display unit operating if any part of the screen is visible to the driver or is likely to distract another driver.

A driver can use a driver’s aid such as a navigation device but it must be an integrated part of the vehicle design, or secured in a commercially designed holder, which is fixed to the vehicle.

Exemptions
The rule relating to securing visual display units does not apply to motorcycles.

Road safety reasons
Using a mobile phone or a visual display unit as you drive is distracting and creates dangerous situations that could be fatal.

The risk of being involved in a crash increases by as much as four times, when using a mobile phone as you drive, and if you are texting the risk of crashing increases to 23 times.

[Starruby]

Just in case you have any doubts, the following is the actual new Road Rule 300 in Victoria, effective 9 November 2009:
(I apologise for the big post, but I only have a text version and can't find a link ...)

300 Use of mobile phones
(1) The driver of a vehicle who is not a learner driver or the holder of a P1 probationary driver licence must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless-
(a) the phone is being used to make or receive a phone call (other than a text message, video message, email or similar communication) and the body of the phone-
(i) is secured in a mounting affixed to the vehicle while being so used; or
(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the phone; or
(b) the vehicle is an emergency vehicle or a police vehicle.

Penalty: 10 penalty units.

Note
Emergency vehicle, park and police vehicle are defined in the dictionary. Learner driver and P1 probationary driver licence are defined in the Road Safety (Drivers) Regulations 2009.

(1A) The driver of a vehicle who is a learner driver or the holder of a P1 probationary driver licence must not use a mobile phone while the vehicle is moving, or is stationary but not parked.

Penalty: 10 penalty units.

(2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle if, and only if-
(a) the mounting is commercially designed and manufactured for that purpose; and
(b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in a manner intended by the manufacturer.

(3) For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if-
(a) the communication is received automatically by the phone; and
(b) on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone.

(4) In this rule-
affixed to, in relation to a vehicle, includes forming part of the vehicle;
body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone's mechanisms;
held includes held by, or resting on, any part of the driver's body, but does not include held in a pocket of the driver's clothing or in a pouch worn by the driver;
mobile phone does not include a CB radio or any other two way radio;
use, in relation to a mobile phone, includes any of the following actions by a driver-
(a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle;
(b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone;
(c) turning the phone on or off;
(d) operating any other function of the phone.

Therefore, under the new rule, using the GPS navigation function of a mobile phone is not permitted, as this function clearly comprises use of the phone, but does not fall within the permitted use of "make or receive a phone call" (even if it is in a cradle).

However, the use of a dedicated GPS navigation unit is permitted, because it falls under the definition of a "driver's aid" under Rule 299.

[Alansee]

However, the use of a dedicated GPS navigation unit is permitted, because it falls under the definition of a "driver's aid" under Rule 299.

And it has to be fixed via a properly manufactured device such as a suction cup on the windscreen (per the latest RACV magazine).

[Starruby]

use, in relation to a mobile phone, includes any of the following actions by a driver-
... d) operating any other function of the phone.

Therefore, under the new rule, using the GPS navigation function of a mobile phone is not permitted, as this function clearly comprises use of the phone, but does not fall within the permitted use of "make or receive a phone call" (even if it is in a cradle).

However, the use of a dedicated GPS navigation unit is permitted, because it falls under the definition of a "driver's aid" under Rule 299.

Vicroads has recently updated their info page about GPS phone functions, and states that it is now allowed if the phone in is a holder ... as mentioned in the link provided by rhinogeo:

From the VicRoads website

"Using a phone as a GPS while driving is prohibited unless it is secured in a commercially designed holder fixed to the vehicle."

However, this is an extra line added to their site only very recently, and I have not yet seen this exception published in the actual road rule, and it is the rule that counts! I will try to establish whether the rule has been amended to reflect the change in policy, and hopefully provide a link to the new rule.

[Starruby]

However, this is an extra line added to their site only very recently, and I have not yet seen this exception published in the actual road rule, and it is the rule that counts! I will try to establish whether the rule has been amended to reflect the change in policy, and hopefully provide a link to the new rule.

Here is the link, and at time of posting the new regulations have not been amended to allow the use of GPS functions on a phone.

.

[backPAQer]

"Using a phone as a GPS while driving is prohibited unless it is secured in a commercially designed holder fixed to the vehicle."

...but officer, I bought the duct tape from a market!!!

[backPAQer]

I've figured out that the best abuse of a loophole in this law is to mount the phone/gps in a clear plastic sleeve which is built in to your clothing. That way you take advantage that the device is in your clothing (pocket) which satisfies one requirement, and if it's behind plastic...you technically aren't touching the device directly either.

[Starruby]

However, this is an extra line added to their site only very recently, and I have not yet seen this exception published in the actual road rule, and it is the rule that counts! I will try to establish whether the rule has been amended to reflect the change in policy, and hopefully provide a link to the new rule.

Here is the link, and at time of posting the new regulations have not been amended to allow the use of GPS functions on a phone.

The above link still doesn't reflect the VICROADS info page ie. permit phone-GSP use, though this will likely change shortly:

During this morning I received an update which outlines the amended Road Rule 300 which does permit mobile phone-GPS use, provided it is "secured in a mounting affixed to the vehicle while being so used". The amendment also permits use of an audio playing function.

300 Use of mobile phones
(1) The driver of a vehicle who is not a learner driver or the holder of a P1 probationary driver licence must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless—
(a) the phone is being used—
(i) to make or receive a phone call (other than a text message, video message, email or similar communication); or
(ii) to perform an audio playing function—
and the body of the phone—
(iii) is secured in a mounting affixed to the vehicle while being so used; or
(iv) is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone; or
(b) the phone is being used to perform a navigational or intelligent highway and vehicle system function in a vehicle that is not a motor bike and the body of the phone is secured in a mounting affixed to the vehicle while being used; or
(c) the phone is being used to perform a navigational or intelligent highway vehicle system function on a motor bike; or
(d) the vehicle is an emergency vehicle or a police vehicle.
Penalty: 10 penalty units.
Note
Emergency vehicle, motor bike, park and police vehicle are defined in the dictionary. Learner driver
and P1 probationary driver licence are defined in the Road Safety (Drivers) Regulations 2009.

(1A) Despite anything to the contrary in rule 299(2), the driver of a vehicle who is a
learner driver or the holder of a P1 probationary driver licence must not use a mobile phone, including using the phone to perform a navigational or intelligent highway and vehicle system function or an audio playing function, while the vehicle is moving, or is stationary but not parked.
Penalty: 10 penalty units.
(2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle if, and only if—
(a) the mounting is commercially designed and manufactured for that purpose; and
(b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

(3) For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if—
(a) the communication is received automatically by the phone; and
(b) on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone.

(4) In this rule—
affixed to, in relation to a vehicle, includes forming part of the vehicle;
body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone's mechanisms;
held includes held by, or resting on, any part of the driver's body, but does not include held in a pocket of the driver's clothing or in a pouch worn by the driver;
mobile phone does not include a CB radio or any other two way radio;
use, in relation to a mobile phone, includes any of the following actions by a driver—
(a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle;
(b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone;
(c) turning the phone on or off;
(d) operating any other function of the phone.

[solomonfamily]

any examples of a "intelligent highway vehicle system function" ?

[The Coffee's]

The police force know what they are doing and in the end the lives they save might be yours or mine or any of our kids.
This 4 minute video just released will become one of the most watched clips around the world.It should be made compulsary to watch for any driver let alone Geocacher.
You will never text again whilst driving in a car after watching this.
http://www.youtube.com/watch?v=oBllktSWqYQ

<p>
Missed the middle part as I was trying to text the words Xavier Hollandier .<br>
What does not make sense to me is the fact that these rules were in place a long time ago:<br> "dont hold and use your mobile whilst driving". Makes sense or does it?<br>
Safety wise for sure as many people cannot even drive properly whilst driving with 2 hands let alone holding a phone in 1, these people should not have licenses in the beginning and it is most likely these who will continue to be a moronic danger on our roads regardless of any legislation.<p>
So this so called new laws are designed to stop one from using a phone whilst driving and to deter us they are "going to hit the hip pocket hard". Yep thats it "Revenue". Hmm no mention of "training" "education" "re-testing" "advanced driver training" "teach", it's Like a scene from yes minister. They next add in a few TV ads to justify their cause, (anyone can create statistics and make scarey adds), the Quit program has been doing this for years and their facts are false and made up. <br>
Test Question: HONESTLY How many of us geocachers enter coordinates, data, GOTO's etc whilst driving without any problems?. for those who said yes it's called "training", you have learnt to do this by teaching yourself, pity we could not have learnt it in a safer environment.<p>
Sorry but I believe anything the government does is based on revenue and topping up their super fund for retirement. These so called new laws are a touchy feel good exercise based on money, if our government was serious the headline would read "driver training for all".<p>
<p>
In summary this post is not meant to offend anyone, what I am trying to say is: Use Common Sense, be prepared for others on our roads to drive like idiots, observe and think.<p>
<p>
Question 2:
you are driving along a road and you see a car approaching from a side street what do you look at to try to assertian that they may not stop?, The driver, which way they are looking, the vehicle in relation to the stop/give way sign or the wheels of the other vehicle?<p>
<p>
<p>
<p>
<p>
The answer: The wheels of the other vehicle. Study has shown that we will see the wheels move before we observe the vehicle moving, and by learning and training ourselves we can see if the wheels are slowing or speeding up.<p>
Thanks for letting me vent some steam.

[Rigger64]

Well as a Motorbike rider that has had at least one bad accedent because of a Bloody moronic Car Driver when ever i go out there i always have to be on the look out for the tell tail signs which after 20 odd years of Ridding/Driving i have taught myself to spot the signs of the moron drivers.
Yes as part of my job i spend many hours on the road.
Even Today (31/07/2010) heading to an event if i had not been able to spot the signs i may very well have not made it to the event becuse of some of the morons out there like one that was clearly not looking at what was around him & started drifting into my lane on a corner.
But getting back to the subject at hand i also use a GPSr on the bike which i can use quite well whilst ridding up/down the road.
That said it all come down to training no matter rules say.
The most dangerast part of any vehical it the "LOOSE NUT" behind the Wheel.

So if i read it right it is legal to use a mobile phone & or GPSr on a motorbike but not in a car??????????????????