Victoria expands driver distraction laws to keep up with technology

Victoria has introduced clearer guidelines for how drivers – and passengers – can use mobile phones, smart watches and other digital distractions.
UPDATE: An important read as new laws come into play today.

New driver distraction laws are being introduced in Victoria from 31 March 2023, with revised rules clarifying how motorists can use mobile phones, tablets, smart watches, and built-in infotainment screens, among other technology.

As before, hand-held mobile phones cannot be used while driving, but the revised laws now bring ‘mounted’ mobile phones and tablets into line with the use of built-in infotainment and navigation screens installed on most modern cars.

If a device has been mounted in the vehicle (in a cradle designed for the purpose or as part of the infotainment system), drivers can briefly touch it to:

• initiate, accept or reject an audio call
• play or stream audio material
• adjust volume levels
• use a function on the device designed to assist you to operate the vehicle
• use a navigation function
• use a function on the device designed to monitor a driver’s behaviour or condition, or
• carry out a professional driving task

Unless parked, drivers cannot physically type information into their device, nor can they scroll for any reason, use the device to read or write text messages, emails, message chains, or to view websites, watch movies, TV shows, video games, images, access social media, or conduct video calls.

The same rules above also apply to smart watches, which can only be touched briefly to initiate, accept, or reject an audio phone call, to play or stream audio via the device, or adjust volume levels.

Using voice controls – such as navigating to a place through voice assistance – and initiating voice controls through touch are accepted.

Passengers also cannot use an electronic device if it is likely to distract the driver – including showing the driver a display – nor can a device be passed to or from a driver unless the vehicle is parked.

The new rules have also clarified mobile phone use for learners and probationary licence holders.

Learners and provisional drivers in Victoria can now use a mounted device – such as a securely-mounted phone – for navigation and to play audio, provided its operation has been set-up prior to the journey commencing.

This is at odds with states such as NSW and Queensland which ban novice drivers from using or viewing any controls on their phones – even via Apple CarPlay or Android Auto, or when mounted in an approved bracket.

While an L or P plater in Victoria can briefly touch the screen or controls of a car’s built-in infotainment screen to adjust navigation settings, climate controls, and audio functions, at no point are they permitted to touch a mobile phone or any other mounted electronic device.

Those requiring L and P plates in Victoria are also not permitted to take phone calls at any point while driving, but the use of a wearable device (such a smart watch) is allowed in limited circumstances.

The illegal use of an electronic device carries a fine of between $555 and $1849 and four demerit points in Victoria – with learners and probationary drivers losing their permit or licence if they accumulate five demerit points in a year.

“Too many drivers continue to put lives at risk using mobile phones behind the wheel,” Victorian Minister for Police Anthony Carbines said in a media statement.

“We need every motorist to make the right decisions when they’re behind the wheel. When they don’t, road safety cameras and Victoria Police are there to hold them accountable.”

For more information, visit the VicRoads website by clicking here.

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