I stopped at the traffic lights today and saw what looked to be a mobile phone detection camera. My phone was sitting on the passenger seat face up. I was looking at the traffic lights. The Queensland Government website makes no mention whether or not you can have a mobile phone on a passenger seat but I think someone told me it was illegal?
I didn't touch the phone at all other than starting my music before leaving my driveway.
Rule is you aren’t allowed to touch it, not you aren’t allowed to have it in the car.
http://classic.austlii.edu.au/au/legis/vic/consol_reg/rsrr20…
Can’t see reference to that in this legislation. It’s cradle or don’t touch. Not hide it from view.
@jv: You can have your phone anywhere you want in the vehicle. You cannot be viewing stuff on the screen while driving, even if the passenger is holding it.
What you said before is incorrect. You can have it in a cup holder, on the seat, or floor face down. It doesn’t state you can’t have it face up but screen off either.. It does not have to be in the glovebox or pocket or commercial holder as you stated before.
@jv: Yes but… You say it like traffic cops know the law and don't have something other than meeting revenue targets in mind.
Many new cars have a wireless charging pad in the console. Mine is tilted and I can’t see the screen. Must be OK?
It was downvoted because it's wrong.
Nowhere on VicRoads site does it say that it must be in a glove box.
The text is:
Fully licensed car drivers
A fully licensed driver can use a phone to make or receive a phone call, to use its audio/music functions or perform a navigational (GPS) or intelligent highway vehicle system (in vehicle warning system) function but only if the phone:
All other functions (including video calls, texting, emailing, task management, photography, social media, shopping and share economy apps) are prohibited.
All motor vehicle drivers
All drivers face tough penalties for illegal use of a mobile phone or interacting with other units that have visual displays while driving (e.g. DVD players or tablet computers) that are not driver's aids.
The penalties are 4 demerit points and a $545 fine.
It’s a proven fact that using a mobile phone while driving can be distracting. Taking your eyes off the road for just 2 seconds or more doubles your crash risk. Research shows that the behaviour of a manual or visual distraction whilst driving causes crashes and near misses.
https://www.vicroads.vic.gov.au/safety-and-road-rules/driver…
@surg3on: I see it on Reddit all the time - someone gets in early and sounds confident in a comment, once it gets a few upvotes it doesn't matter that someone else has corrected the comment with sources, momentum takes it to the top
@OZKap: Only going to get worse with ChatGPT. Im starting to think CyberPunks "AI destroyed the internet" future will come true (just with less brains getting fried).
Either jv is a complete moron, or they are so well versed in the law, that they intentionally post factually incorrect information. It happens every single time. It can't be a coincidence.
@[Deactivated]: Given the law is precise and being wrong is 'every other permutation' Id guess the moron option is correct.
I Was pulled over in a similar situation. Had a youtube video running on passenger seat. I was listening to it as a podcast, and video are not allowed in vic on commercial phone holders
Was waiting at the red lights, and 👮♂️ on a motorbike took a sneak peek and pulled me over.
was not fined as I was not looking at it. But I was warned to turn off the screen or secure it somewhere where there is no chance to take a glance
Jeebers that’s risky. At least flip it over so you can’t see the screen.
And that's where indian youtube premium comes in handy lol
"commercial phone holder" - Can you let me know which holder is approved in Aus/NSW?
Anything you BUY. You can’t make one and you can’t put it in a convenient cup holder.
In NSW, your phone must be secured. Sitting on passenger seat means it is not. A friend of mine got fined by a police while her phone sitting in the centre console sliding around.
That’s not what the legislation says.
http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104…
It is only to be secured if it is in use. If you are using Bluetooth controls from the car screen or other buttons the phone can be anywhere. If it is on speakerphone, or using mapping directions in the centre console it is not secured and in use, therefore illegal.
It is in use. Ops said it is connected via Bluetooth for music and possibly phone calls. It needs to be secured.
@goraygo: Only if you needs to be secured if you need to touch the phone to control it. Bluetooth music can be set up before you drive and just keep playing. Phone calls can be answered by the car controls, not the screen.
It says
Illegal mobile phone use
Illegal mobile phone use while driving includes:
holding it in your hand
resting on any part of your body (eg. your lap or shoulder)If you hold your phone or have it on your body, you will be fined even if you’re not operating the phone, or it’s turned off.
…. So you’re fine?
This is the correct answer
No fine.
Phone is fine.
Fine is also fine - not getting one. Hopefully!
So we can't have phones in our pockets while driving?? Bizarre money grabbing exercise. I guess billions dollars US submarines don't pay for themselves.
I think they mean on your body in a way it can be operated, like resting on your boobies etc.
Sometimes, I wish I was a phone.
Correct, you can't have it on your lap for example.
A pocket isn't "resting on your body" in the same way having it sit on your lap or cradled on your shoulder is.
@Sleeqb7: In QLD I received a fine for having my phone in my shirt pocket from the mobile detection camera. The phone was sticking out the top of the pocket slightly.
Asked for it to be reviewed and they upheld the fine stating "resting on body".
@Zomgk: That is very interesting.
I think if taken to court it would be potentially have been overturned.
But my understanding is the spirit of the law is having control over the device or not, and in a shirt pocket, depending on how loose the pocket and how big the phone, typically not an issue. However, with a big enough phone in a loose enough pocket, a sudden brake could cause it to fall out, maybe?
Either way, pretty cooked.
They don’t, but given they’re paid for by the Commonwealth and fine revenue is collected by the states you can rack up as many fines as you want and not contribute to the defence of your country.
I've heard of drivers being fined when the passenger is using the phone, say, playing youtube or insta stories, and the driver can see the screen. maybe an urban myth.
If the screen was illuminated you might receive a fine.
Not an urban myth.
What about those always on displays that show the time and notifications etc?
That is in NSW, rule 299 where a driver can be fined if a non-fixed/mounted visual display is facing the driver. So that means, passenger's mobile phone on hand if facing driver falls in this category. Cradles are considered mounted.
As long as the phone’s visual display is visible to the driver – you are offending regulation 299
refers to regulation 299 which states it is an offence for a phone’s “visual display” to be “visible to the driver”
https://7news.com.au/travel/driving/little-known-road-rule-t…
I suppose that makes those phone cradles illegal?
Big if true… I have Waze casted to the centre screen for map and the phone displaying turn by turn on a cradle :/
In Queensland, it is illegal to drive with a television or visual display unit in the vehicle if the screen is visible to the driver from the driving position
https://www.drive.com.au/news/can-a-driver-be-fined-if-passe…
The insurer added the regulation meant it was also an offence to simply have your phone sitting next to you if its screen is turned on.
Wouldn't every reversing camera screen or similar in the car's dash fall under a 'visual display unit' then? (ie. like a phone, they have the ability to display moving pictures, but are not currently doing so.)
so uber etc drivers are always in violation then.
similarly, front passenger playing with their phones is also an illegal act as the driver can see the phone display.
so uber etc drivers are always in violation then
no, section 2 of S.299 specifies that Section 1 does not apply if "mobile phones or tablet computers equipped with GPS receivers, or paired with GPS receivers by bluetooth, being used as navigational aids/'
similarly, front passenger playing with their phones is also an illegal act as the driver can see the phone display.
not quite correct . it is about moderation/reasonableness i.e. Section 1(b) states -" is likely to distract another driver" -e.g. the passenger holding up the phone to driver and saying "check out this deal on Ozbargain" would be a distraction. compared to Passenger minding their own business and scrolling facebook (with out distracting the driver). would be fine.
299 only applies to NSW. And the key words are "integrated part of the vehicle design" and "secured in a mounting affixed to the vehicle while being used". Not all displays are illegal. Cradles are legal.
Next time you want to do a legal link, dont link to a news article which is sometimes unclear. Link to the actual legislation.
http://www5.austlii.edu.au/au/legis/nsw/consol_reg/rr2014104…
299 only applies to NSW
LOL
http://classic.austlii.edu.au/au/legis/qld/consol_reg/toumrr…
crazy how state legislation can be so similar
I didnt manage to find this just now. Definitely wasnt expecting a 299 in QLD
What about the inbuilt 9 inch screens in vehicles today displaying heaven knows what including being linked to your phone?
Vic police released a statement clarifying phone use in cars last week (not qld i know).. but you can't touch a phone unless it's in a secured cradle unless you're at a drive thru window paying
Hopefully nothing comes of it OP
So many different views.
And yet, drivers regularly use their phone whilst driving at drive-thru windows, car parks, etc., which seem to be conveniently ignored by the various state laws / regulations. If your phone is in a secured cradle, you need to remove it for these purposes.
Thanks.
You can…Use a mobile phone or other device to pay at a drive-through.
So specific, and yet doesn't cover car park entry / entrance, when there is a higher likelihood of pedestrians and other traffic.
In NSW there is a subsection to rule 300 that covers using your phone as a payment device or to show coupons etc in “road related area” situations.
Vic road rules, not so much. Can’t find anything definitive in there regarding using your phone as a payment device.
You could turn your engine off when paying with your phone at a drive through. I don't see why you would unless a cop were behind you. And isn't McDonald's privately owned land, does the law even apply in the drive through?
It’s likely classed as a road related area.
You can view the terms and conditions of the car park on a sign when you enter
I wouldn't even look at my watch near traffic lights tbh.
Why would you need to? doesn't your car have a clock somewhere on the dash?
My phone notifications come to my watch.
they are an addict
It depends if the phone was wearing a seatbelt or not.
You're going to jail
Like… forever..
And phone screen locked up too!
If it was sitting on the seat and the screen was off and you were not touching it, should not be an issue.
If it is on the seat and you were touching it to change tracks or the screen was on for navigation and not affixed in a cradle to the vehicle, yea, you could get in the shit for that.
on the seat and a notification popped up lighting up the screen but not touching it
I don't see anything about using the phone as a GPS while mounted in a cradle. I thought this was okay.
You're fine and you won't be fined :-)
I must drive more enthusiastically than the OP. If I left my phone on the passenger seat it'd pretty soon be on the floor. Its a hard heavy slippery object the seat material doesn't get a good grip on.
Imagine that in an accident, she'll be "reverse giving birth" to the airbag.
I think of that X-ray image every time I see other people drive by with their feet on the dash. Even just a mild collision can cause serious injury.
If someone did that in my car, I'd refuse to drive until they put their feet down like a normal person.
Guessing Richard would also have a hand in that…
What about new cars with huge as display screens with Apple play, carplay??
my understanding of the new road rules is using carplay or android-auto for anything other than changing music or navigation is completely outlawed. which sucks, as it's an incredibly useful thing to have when driving.
I'm in QLD. My phone is always on the front passenger seat while driving. Driven past plenty of cameras, no fine yet. So I'd say you should be fine.
So it looks like the consensus amongst us is….phone is fine?
Rules are changing in Victoria March 31st
https://www.vicroads.vic.gov.au/safety-and-road-rules/new-vi…
So it is ok to play with my member in the car but not with the mobile?? Double standard.
There goes your life…
wasting all that time driving and worry about your phone….
Yeh the real meaning of life.
Speaking of lives, do you feel you're a good example of someone with responsibilities and accomplishments that other people should copy?
It's all well and good to make dismissive comments about sitting in cars/boxes and we should all be living our lives and walking on beaches, but it strikes me as something that's hard to demonstrate.
What are some of your life's achievements that would inspire more people to act like you?
(These are all genuine questions, I'm interested what you have to offer).
And the whole world think that we're an easy going, chilled out country……..
chilled but nannied to the max
Yep, we're a massive nanny state.
The scary thing is, is that the majority like that state of affairs.
usually they are nanny state if they can't have an open bottle in public
no, you won't get a fine, its only when the phone is touching your body
this will be interesting, im genuinely curious