New laws on using mobile devices while driving

According to their website, VIC Roads states that:

"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.

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

You can view the entire article here.

We've been inundated with calls, with requests to explain the new laws. It is apparent that they seem "ambiguous" and "not clearly defined". So we called up VIC roads to try and get a better understanding of what's changed and what's required to legally use a handheld device while driving.

The first part of the new legislation is quite clear:

If you are to physically touch it, it must be in a commercially designed holder, securely fixed in the vehicle.

The second part is what needed some clarification:

You may use a phone in a manner that allows you to make / receive calls without having to touch the phone, eg. while using a Bluetooth car kit (either aftermarket or factory-fitted).

The phone does not have to be in a cradle, it may be in the glovebox or in your pocket, bag etc. Provided you do not have to touch ANY part of the phone to use it.

So, in summary, we can ascertain that the only time you are permitted to physically touch the phone is when it is secured in a cradle. Should you not wish to use a cradle, you must have another means of controlling the phones functions remotely. You can no longer use a wired / wireless hands free and hold the phone while driving.

Whilst this legislation is currently for Victoria only, we have it on good authority that it is likely to extend to all other states in Australia. In this regard, The Car Kit Company will keep you updated of any changes.Please feel free to contact us should you need any further information regarding this new legislation or for any other queries you may have.