I have amended my initial question to make it more clear :-)
Hi,
I have not been able to find a straightforward answer online. I am in WA.
My mobile is connected via USB to my inbuilt screen display in my car. SMS will come through the display (car media unit).
Is it illegal to click on the link on the main screen to read out the SMS while driving?
Is it illegal to send an SMS using voice when driving?
Just a question.
When some numbnuts is going to hit me with their car because they are checking their texts…….yes
How about when you are stopped waiting for a red light?
People get fined for that.
Good
Hold on. Has any one ever been fined for pressing a button on the vehicle's built in entertainment system?
Mine pops up asking whether I want to read it myself onscreen, or it will read it to me.
Maybe. The law is so vague, so badly worded, you'd think they are trying to create work for lawyers.
The rule is quite simple…….
You cant "touch" your phone whilst driving.
And one most dont know….
To use your phone it must be mounted in a cradle
Not in sitting your console, on the seat next to you or on your lap.
It can however be stored away in a bag, glove box or in your pocket for example.
You can use voice commands or any car to phone interface device such a bluetooth stereo.
The rule is quite simple…….
You cant "touch" your phone whilst driving
I don't think that's right. I don't think using the Uber Driver app is illegal.
But I think the OP is saying they're just using the car to phone interface device (aka infotainment system), so I really can't see that it's an issue.
Sometimes it will come thru:
Your Honour! My car was faulty so do not blame me for killing another road user.
Sorry, Android Auto, it comes through all the time unless do not disturb mode has been activated. My apologies for not being very clear.
It's only illegal if they catch you ;)
Seems a bit ambiguous, but I'd argue that the head unit should only be used when changing radio stations/controlling media. Not reading text messages or e-books while driving. Can't you just get it to read the message aloud?
what about a huge tablet instead of a head unit and making all the car functions only accessible from there?
how is that supposed to be enforced? how do the authorities discern radio functions from phone functions on a head unit screen?
https://www.legalaid.wa.gov.au/sites/default/files/inline-fi…
Read about fixed visual display units, but there is simply no need to do so - if your vehicle has Android auto or Carplay you can ask it to read the text to you, in fact you can hands-free ask your phone to do the same, keeps your eyes on the road and makes things safer for everybody.
It has Android Auto.
I usually ask it to read it to me but I was not sure if it was illegal or not.
Different rules in different states.
Just because it has a feature (Android Auto) does not make it legal.
Hands-free is the case 100%.
I had a look at the section which says Visual Display Units.
All inbuilt screens are considered to be VDU.
I am one of the few people that even turnoff my engine when paying at Drive Thru.
The rules are not very clear when it comes to Drive Thru and paying using your mobile.
I think that is an issue when it comes to the Road Traffic Act 1974, it is not straight forward.
You're not on a public road in a Drive Through.
It's a "road related area"
You're not on a public road in a Drive Through.
Wrong. You are on an "area that is open or used by the public, where one of its main uses is the driving of motor vehicles" which is considered a road for the purpose of applying the road rules.
12 What is a road
(1) A road is an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles.
Under Road Rule 13, it goes on to describe a "road related area";
13 What is a road related area
(1) A road related area is any of the following—
(a) an area that divides a road,
(b) a footpath or nature strip adjacent to a road,
(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals,
(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.
I'll put it another way; If you were doing 100km/h though a shopping centre car park that was signposted as 10km/h and a police car saw you doing it, do you think they would A: ignore it, because it's not a public road/on private property, or B: pull you over and ream you with the barb wire arm of the law?
@pegaxs: I agree with what you say. But let me nitpick a small issue in what you said.
You refer to doing 100 km/h through a shopping centre car park that was signposted as 10 km/h. Is a 10 km/h speed limit sign put up in a shopping centre car park by the shopping centre management a legal sign you must comply with? The normal rule is it has to be a standard format sign put up with official approval to be enforceable. If the sign was only put up by centre management it is not an official sign, so wouldn't the speed limit be the default speed limit, 50 km/h? Of course common sense would say 10 km/h might be the maximum safe speed in a busy car park, but could they book you for 50 in an empty car park that had non-official speed limit 10 signs?
@GordonD: I agree with your line of thinking but i wonder if this would likely be the case:
If a person got caught doing 50/100 through a car park sign posted by private property at 10kmph - one would assume that legally speaking they couldn’t be prosecuted for a private non government imposed speed limit (or as you suggest, possibly it defaults back to the unmarked 50 rule)
But they could definitely be penalised for dangerous driving etc.
Would be an interesting one to see if police went by speed or circumstances or both when prosecuting someone for that.
@El cheepo: Effectively, if the tarmac area is covered by a public liability insurance, private or government, then you must follow the rules in the road code.
Paying with your phone in a drive thru I would consider a grey area in the rules, yea, however you are also not expecting anything other than another vehicle to use this area and should apply common sense:
1-When paying and ordering your car should be in park and the hand brake applied.
2-Paying with your phone is the only thing you should do with your phone at this time. All other uses are not acceptable.
3-I could not foresee a judge agreeing with a police officer for issuing a citation if the above was done.
4-How many police officers have you seen in the drive thru? None. Reason:if a priority call comes in when waiting for their food to be ready, they must leave without collecting their order.
@Boomstick: I agree mate.
The one thing i would add to that is that drive thrus have to be a big grey area in general in the eyes of the law.
Where else is it acceptable to stick your arm/head out the window on a public road?
Same principle could be argued for phones in drive throughs (while paying, not for txting etc)
But we went off on a different tangent about speeding haha.
@Boomstick: In NSW, this is actually outlined in the Road Rules, under Road Rule 300 (1-1)
(1–1) Subrule (1) does not apply if—
(a) the vehicle is stationary in a road related area, and
(b) the phone—
(i) is functioning as a payment device to enable the driver to pay for goods or services that are required to be paid for in the road related area, or
(ii) is being used to display an electronic coupon, voucher, card or similar article that requires the body of the phone to be held in close proximity to another device located in the road related area in order for the article to be used or redeemed, or
(iii) is being used as an electronic device that enables the driver to enter another road related area or land adjacent to the road related area.
So, in NSW, if you are using it to pay for your service/food, to apply a coupon for a service/food or your phone is being used to pay/act as a car park entry/exit token, you are allowed to use it in this fashion.
This rule was bought in in NSW because a bunch of (fropanity) wit police officers took it upon themselves to book people in restaurant drive throughs who were using their phone as a method of payment.
NB: Other states my vary, this is only applicable to NSW.
@pegaxs: what i want to know is why, as soon as most of the public enter a parking lot, large or small, do they suddenly think using indicators is not applicable?
@pegaxs: I'm not sure how the law interprets that, but I don't think a Drive Through is used by the public for driving , riding or parking vehicles - it's used for purchasing food.
I don't think a Drive Through is used by the public for driving
It is literally in the name "drive" and "through"… you "drive" "through" it. "Drive" being the act of controlling a vehicle and "through" meaning the use of a thoroughfare (road/lane/parking lot). The name is literally a description of what you are doing.
it's used for purchasing food.
No, that is what the counter/service desk/window is for. The "drive through" ironically, is for "driving on".
Hand in your drivers license
I need a drivers license to drive???
Who needs a car?
If you’re a sovereign citizen it’s not illegal
It IS illegal to arrest a sovereign citizen, regardless of cause
/s
illegal against which laws?
Whichever ones they make up.
@Switchblade88: Lobotomies are no longer covered by Medicare so Slobbering Citizens days are numbered.
https://www.abc.net.au/news/2023-11-30/sovereign-citizen-web…
Plod should have a public register with names and images of anyone claiming to be an self anointed alien citizen. This register would help protect the community from cock womble zombies, provide entertainment and give employers another reason to look for a reason to turf the dead weight in their workplace
Why don't you ask what if you get a notification on your watch and you read it; is it illegal?
Are you asking are you allowed to by the law/road rules or can you be caught?
OP is asking if it's legal so must be by the law.
Here's the situation in WA.
If a phone is not secured in an approved mounting fixed to the vehicle you can only use voice commands. You can not touch it. If it is secured in an approved mounting fixed to the vehicle you can touch it for the purpose of making or receiving a phone call. You can not use it for texting, emailing, social media, watching videos or accessing the internet while driving.
If you do those things using the screen in the car that is able to do them because it is linked to a phone, that's quite a different matter. That screen can only be used while driving as a drivers aid, for example navigation or reversing.
So the answers to your questions are:
1. no you can't touch either the phone or display screen to read an SMS, and
2. yes you can send an SMS by voice.
Up to the cop who pulls you over. Yes(it's illegal) is the obvious answer. Can you weasel your way out of it? Not likely? Could you win a court case over it? Possibly. But I guarantee the magistrate rips you a new one anyway, even if you win.
Is it legal to ban OP?
If there's no rule that says you can't, then you can.
You can ask Siri to read messages to you. You can't touch your phone to read messages without pulling over, parking, and stopping the engine.
Is it illegal to click on the link on the main screen to read out the SMS while driving?
Its only illegal to be touching a mobile phone…. This is the stereo unit and that is allowed to be touched ;)
https://www.legalaid.wa.gov.au/sites/default/files/inline-fi…
Simples, it is illegal to use your phone while driving.
The horse's arse mouth:
http://classic.austlii.edu.au/au/legis/wa/consol_reg/rtc2000…
In WA you may only use a phone for 2 things while driving:
- audio calls , go wild, as much as you like, including toughing the phone if mounted.
- display for navigation. Do not touch! ( But if you have a newer car with built-in touchscreen, or a separate GPS unit, touch it all you want. No worries.)
Nothing else is allowed. If an incoming SMS or email even pops up on your screen, that is a $1000 fine. (just alert is OK, but no content)
ROAD TRAFFIC CODE 2000 - REG 265
265 . Use of mobile phones
2) A driver of a vehicle 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 an audio call 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 otherwise to manipulate any part of the body of the phone;
or
(b) the visual display of the phone is being used as a driver’s aid in accordance with regulation 264 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 otherwise to manipulate any part of the body of the phone; or
3) For the purposes of this regulation, a driver does not use a mobile phone if —
(a) a text message, video message, email or similar communication is received automatically by the phone; and
(b) on and after the 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.
The fact law differentiates touching built in screen and mounted phone is difficult to pin legality in OPs question.
But the law is stated that way because it is hard to prove someone “taking eyes off the road”. They can prove you touched a phone, but difficult to prove you touch an inbuilt screen to reply a sms as opposed to turn up the radio volume.
What text is SOOO important that its worth risking the lives of yourself and others on the road? If u really need to communicate, use the handsfree function to make a call! Forget about it being illegal, just use common sense (which clearly isnt so common), keep your hands off the phone!
You’re a bit late on this comment.
But none the less, probably worth repeating.
I presume you mean you're only operating the vehicle's infotainment system? Well if it turns out it isn't legal to use that, I learned something today.
You copped a lot of flack in this thread, but I read or listen to SMS in the car all the time. I can't see how it's any more dangerous that operating the radio.
I really doubt that it's illegal, and will continue to use these features until I'm convinced otherwise.
However, AFAIK it is accepted that delivery drivers accept bookings, check notes etc. I suspect all the naysayers think you're talking about using your phone rather than infotainment system..
My mobile is connected via USB to my inbuilt screen display in my car.
This is covered by regulation 264. Unfortunately there is no clear answer, as the regulations appear to have been written by morons who have never heard of GPS, or car-phone integration by bluetooth or android/IOS.
http://classic.austlii.edu.au/au/legis/wa/consol_reg/rtc2000…
264 . Use of visual display units etc. in vehicle
1 A driver must not drive a vehicle that has a television receiver or visual display unit in or on the vehicle operating …
2 Subregulation (1) does not apply to a driver if —
(b) the visual display unit is, or is part of, 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;/
Examples of driver’s aids
1 Closed‑circuit television security cameras.
2 Dispatch systems.
3 Navigational or intelligent highway and vehicle system equipment.
4 Rearview screens.
5 Ticket‑issuing machines.
6 Vehicle monitoring devices.
You could start by asking a couple of the road trauma corpses at the morgue ...
Is it legal to pee on the side of the road or should I use a bottle while driving?
Who isn't self-catheterising in this day and age?
Yeah. AFAIK anything that distracts the drivers awareness is considered a no-no. So I would imagine if you had an accident because you were reading a text on your cars display you’d be in the shit.
Distractions don’t necessarily mean illegal. You can have screaming kids at the back and it is not illegal.
However if an accident is caused by distractions, then the driver is at fault.
Good point. I didn’t think of that.
It's also if the cause of distraction was under driver's control or not. Suppose an Uber driver involved in an accident due to hysterical behaviour of the passenger who's in hurry to be home to catch his wife's boyfriend.
So why can't you pull over to read your text messages? Why do you need to do it while driving?
This was more of a general question than trying to find out if I can read SMS while driving.
I find the law very interesting 🤔.
Yes I imagine that someone who had previously been booked for using their mobile phone while driving, or who had to go to court for speeding would find this kind of law "interesting".
Yes, BUT only if you are (all of) speeding, drunk, smoking meth, applying makeup, engaged in oral sex, hysterically emotional, running a red light and eating (see oral sex ealier) at the same time
Is it really that urgent to read an SMS instead of looking at the road and trying not to kill yourself or others.