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VIC Legal to handle mobile phone whilst riding a bike?

Discussion in 'Politics, Laws, Government & Insurance' started by ajrider, Sep 28, 2016.

  1. Hi,

    Whilst reviewing the laws on mobile phone usage in a car I came across something interesting.

    As I read it - it seems as though it's legal to hold onto a mobile, or manipulate a mobile phone whilst riding a motorbike to use it's GPS functions? (ie - no fixed mount required)

    Am I reading this correctly?

    ROAD SAFETY ROAD RULES 2009 - REG 300 Use of mobile phones

    Not that I could anyway with my big fat gloves... but just wanted to get clarification. I've always believed that a fixed mount was required in order to touch a mobile phone, but after reading this, it appears as though that's only for cars/trucks/etc - and not motorbikes?

  2. Yep, that's how I read that
    • Informative Informative x 1
  3. It won't stop them writing out a ticket if they catch you holding it one hand and I can't imagine a magistrate looking to impressed if you challenged it on that point alone.
    Just stick it in a tank bag or mount.
  4. I think this has been posted on the boards here before.
  5. Certainly wouldn't do it while riding but I have pulled over to take my gloves off and checked google maps.
  6. I'd like to see a rider express a eloquent and rational argument to that effect, while the officer who pulled them up for using the phone tases them until their sphincter loosens :wtf:
    • Funny Funny x 3
  7. Howdy,

    Looking at the rule from top to bottom, section A refers to making calls & playing audio, whilst section B refers to Navigation;

    (1) The driver of a vehicle who is not a learner driver or the holder of a probationary driver licence must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless—

    (b) the phone is being used to perform a navigational or intelligent highway vehicle system function in a vehicle that is not a motor bike and—

    (i) the body of the phone is secured in a mounting affixed to the vehicle while being so used; or
    (ii) 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 anything on the body of the phone or otherwise to manipulate any part of the body of the phone; or

    Points i & ii state that the phone is secured in a mounting and is not being held by the driver.

    VICROADS sums it up nicely;

    Fully licensed car drivers

    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, and the phone is not resting on any part of the driver's body.

    Using a phone as a navigational device/GPS while driving is prohibited unless it is secured in a commercially designed holder fixed to the vehicle. All other functions (including video calls, texting and emailing) are prohibited.

    Motorcycle riders

    The mobile phone rules for fully licensed car drivers also apply to motorcycle riders who hold a full car licence

    • Like Like x 1
    • Informative Informative x 1
  8. I discovered a long time ago that a Motorcycle, in the eyes of the law, is a Motor Vehicle. The law doesn't split motorcycles into their own category. That's one of the reasons why bicycles get special rights and we don't. Motorcycles are two wheeled cars.....
  9. The way I read that law, the phone must me affixed in some sort of carrier. Holding it in one hand and manipulating the GPS function would most likely get you an infringement.