VicRoads Rules Change
Please note that the following elements are provided for information from the VicRoads site and is not a complete excerpt. There have been questions around the club from time to time, so to assist our members we have found the following that may be of use.
To help clarify things, Ad Standards Australia addressed a ‘complaint’ about ‘illegal use’ of a radio while driving. The sample discussed in the Case Report clearly states the position relevant to radios such as CB and our ‘real’ radios hihi etc:
https://adstandards.com.au/sites/default/files/reports/0020-20.pdf
VicRoads release
https://www.vicroads.vic.gov.au/safety-and-road-rules/new-vic-road-rules-2023
In part, ‘…The rules reflect the significant increase of in-vehicle technologies and other technologies capable of distracting a driver and are designed to help keep people safe on our roads. The rules are expanded from mobile phones and visual display units to cover:
- 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 revised rules for full licence holders:
https://www.vicroads.vic.gov.au/safety-and-road-rules/new-vic-road-rules-2023/full-licence-drivers
ROAD SAFETY ROAD RULES 2009 (SR NO 94 OF 2009) – REG 300
Use of mobile phones:
http://classic.austlii.edu.au/au/legis/vic/num_reg/rsrr2009n94o2009289/s300.html
Explicit exemption “”mobile phone” does not include a CB radio or any other two way radio.”
And VicRoads advice to Jim VK3OX in April 2023…
Subject: Re: VicRoads Enquiry Ref No. 502823505
From: VicRoads.Enquiry_Tracker@roads.vic.gov.au
Date: Thu, April 13, 2023 11:28 am
To: jimpollock@impaq.com.au
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Hello Jim,
Thank you for contacting us to clarify the new distraction road rules
as they relate to the use of two-way radios.
In the updated rules, a CB radio and other two-way radios are exempt
from the rules in the same way they were in the previous rules. These
radios are named as NOT included in the definition of ‘devices’ for the
purpose of the updated distraction road rules.
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A further note from a member – as a new driver he was recently pulled over driving a car with fitted navigation operating. The police officer was adamant that he was breaking the law but he politely explained and demonstrated that on the vehicle he was driving, it is not possible to turn off the map display. Needless to say good judgement saw no ticket issued thankfully. In such circumstances, try writing to the Officer In Charge Penalties Payment explaining the circumstances. The ticket might be withdrawn and save having to spend a day at court.
