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Road law revisions

NEW camera technology is being rolled out across Victoria to detect drivers on mobile phones and not wearing seat belts.

The cameras will capture images of those drivers who are holding mobile phones or using other devices while driving, as well as drivers and passengers who are not wearing seatbelts, or not wearing them properly.

Where passengers are detected by the camera not wearing a seatbelt, the driver will be issued with an infringement notice for failing to ensure the passenger was wearing one.

The rollout of the cameras coincides with new rules introduced by VicRoads effective from March 31.

The new rules were an expansion of previous laws to provide clarification and improve regulation of the use of a range of portable, wearable and inbuilt devices while driving a vehicle or riding a motorbike.

With the advent of the significant increase of in-vehicle technologies and other mechanisms capable of distracting a driver, the new rules were designed to help keep people safe on our roads.

The penalties for illegal use of mobile phones (or other device types) remain the same as prior to the commencement of the new rules in March 2023 - $555 fine and four (4) demerit points. 

If the matter is heard at court, the fine for illegal mobile phone/device use can be as much as $1849.

The minimum fine in Victoria for not wearing a seatbelt is $370 and three demerit points.

Seatbelts have been required by law in cars in Victoria since 1970 and have reduced the risk of serious or fatal injury by 50 per cent.

In 2022, 17 per cent of all vehicle occupants who died were not wearing a seatbelt.

The majority of crashes where seatbelts weren’t worn were on regional roads.

Men were more likely to not be wearing a seatbelt in a crash than women.

The new cameras use artificial intelligence (AI) software and take high-resolution images any time of the day or night, and in all traffic and weather conditions.

Images will be taken of the vehicle license plate including one at a shallow angle to detect ‘phone to ear’ offences.

Another is taken at a steep angle to detect ‘texting, viewing or touching’ phone offences and/or seatbelt offence.

The new rules were expanded from mobile phones and visual display units to cover other devices including:

Portable devices (unmounted mobile phones, tablets);

Wearable devices (smartwatches, wearable heads-up display);

Inbuilt devices (Information, navigation, and entertainment systems, heads-up display that is an inbuilt part of the vehicle);

Mounted devices (Heads-up display, tablet, mobile phone, media player etc if securely mounted in or on a vehicle); and

Motorbike helmet devices (The only actions motorbike riders can use to operate helmet devices is limited to touching the device briefly, or using voice commands)

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.

More rules and different restrictions apply to L and P platers due to their lack of experience and increased road safety risk. L and P platers when driving cars or riding motorbikes cannot:

Operate portable devices (such as mobile phones, tablets or laptops) in any way, including for phone calls and navigation;

Use voice controls to operate any devices;

Enter text, numbers or symbols;

Scroll (such as on websites, social media, playlists);

Play videos or games or take video calls;

Display text messages, social media, emails, or photos;

Rest a device on any part of the body or pass a device to a passenger.

For more information on the new rules visit: bit.ly/40SzBHO

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