Mobile phone use is implicated in many collisions. Penalties for using a hand held mobile phone while driving are strongly supported.
New penalties ring bell on mobile users
5 May 2009. The Victorian Government has introduced higher penalties for drivers caught using a hand held mobile phone while driving.
The previous penalty was 3 units. (One penalty unit is $113.42 in the 2008-09 financial year). The new penalty is 10 units or $1,134.
This penalty is appropriate and will act as a disincentive for those tempted to phone or text while driving.
It needs to be supported by frequent enforcement.
The rate for penalty units is indexed annually, so that it is raised in line with inflation. Any change to the value of a penalty unit will happen on 1 July each year.
This is the reference for the change to the Act
STATUTORY RULES 2009
Our view
Bicycle Network Victoria has pushed for tougher and more frequent enforcement of the mobile phone laws for drivers since 2003.
The campaign began when Anthony Marsh was killed while riding his bike by a driver who was sending an SMS as she was driving.
We believe the evidence is unarguable—mobile phones are a significant distraction to a driver.
A VicRoads paper to the Victorian Bicycle Advisory Council stated: 'The crash risk of using a mobile phone is usually quoted as being four times that of a non-user. Some research shows it as being even higher. By comparison, this is a similar risk level as driving 10 km/h over the limit in an urban area, or having a BAC limit of 0.10.' (BAC is Blood Alcohol Content)
Hand held mobile phones obviously compromise two handed control of the vehicle. However the evidence says that hands free phones produce equivalent distraction.
Therefore it is inappropriate to use a phone while driving or riding.
Companies should adopt OHS employee policies that discourage mobile phone use while driving.
The VicRoads view
Driving with a hand-held mobile phone
Driving requires concentration and awareness of what's going on around you.
Talking on a hand-held mobile phone while driving can distract you and seriously affect your ability to control your vehicle, particularly if you need to take quick action.
Research indicates that using a mobile phone increases the driver’s risk of crash by four times.
This risk is not significantly attenuated by utilising a hands free device.
The TAC view
Using a mobile phone whilst driving distracts your attention from the road and prevents you from maintaining proper control of your vehicle.
Due to this, using a hand-held mobile phone whilst driving is illegal and attracts a significant fine and three demerit points.
You do not need to be talking on the phone to be breaking the law. Whilst driving, it is illegal to:
It is also illegal to perform these activities when your vehicle is stopped but not parked, such as when waiting at traffic lights.
If your phone rings or you need to send a message while driving, pull over and park safely and legally before answering it.
Hands-free kits
It is illegal to use a hands-free phone whilst driving if it causes you to lose proper control of your vehicle.
The penalty is a significant fine and demerit points.
Although a hands-free device can reduce the physical effort to make and receive calls, it does not necessarily make phone use safer while driving.
Consider the following suggestions if you must talk on a hands-free phone whilst driving:
• Make sure the hands-free function is set up and working before you start driving.
