Digital eye strain

Kazue

New Member
Can we discuss about the digital eye strain due to our exposure to our mobile while we are driving. I saw some drivers with bright light/glare and some of us using dim light on our mobiles.
Is anyone exprience any eye problem?
Any one has an idea how to use our mobile in a safe way while we use for uber?
 

SmileySyed

Member
Yeah, it hurts and i get blurry vision sometimes. I use nightshift mode and dim the lights. I place the phone in a manner if i want i can put my hand in between to rest my eyes for a while. Yet it's not always possible especially when I'm looking for direction or ping i got look at it, right?
 

Phildo

Well-Known Member
Legally, you're only allowed to touch the phone to commence or end a phone call.

If a cop sees you touch the phone to accept a job then you're busted.

One of the many laws that Uber ignores.
 

lui6155

Well-Known Member
If a cop sees you touch the phone to accept a job then you're busted.
Yes Phildo thats the case if a "mere" private citizen...but if you have a CVl license then the same rules that apply to taxis relating to the use of mobile phones whilst driving apply, namely you can use the cradle mounted device to accept dispatch information.

And to the newbies out there mounting their phones directly in front of them on the windscreen...little wonder you are complaining about digital eye strain. Absolutely no need to be so visible/perfectly acceptable to mount off the air vents (unless you have no friggin idea on driving directions ...if thats the case you are an accident waiting to happen)
 

Phildo

Well-Known Member
Yes Phildo thats the case if a "mere" private citizen...but if you have a CVl license then the same rules that apply to taxis relating to the use of mobile phones whilst driving apply, namely you can use the cradle mounted device to accept dispatch information.

I looked into it a while ago. Taxis, couriers, ambulance drivers, etc, have specialised despatch equipment, so that stuff doesn't come under mobile phone law. There is a particular regulation that covers that. CVL cars would also come under the same regulation, but not for using phones whilst driving.

However, use of phones, for whatever purpose, is limited to commencing and ending phone calls.

Technically, GPSes are also illegal to have in a car. I did hear of a taxi driver get an infringement for it years ago, which would have been turfed immediately if it was questioned or taken to court (ie comes under the regulation that covers taxi dispatch equipment).

I haven't got time to look it up right now... that might be a project for us both to look into tonight?
 

Jeffa0

Active Member
Phildo is correct.

Uber and other rideshare drivers are operating illegally by using a "mobile phone".
 

Phildo

Well-Known Member
We are permitted to have a "visual display unit" visible while driving if it is a "driver's aid":

http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_reg/rtc2000113/s264.html

Noone is permitted to touch a phone being used as a "driver's aid" while driving:

http://www.austlii.edu.au/cgi-bin/viewdoc/au/legis/wa/consol_reg/rtc2000113/s265.html

Uber drivers are permitted to have a phone on display (ie in a holder) but are clearly forbidden from touching the phone (ie accepting a booking).

" (b) the visual display of the phone is being used as a driver’s aid in accordance with regulation 264 and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone. "
 

lui6155

Well-Known Member
Hmm agree in reading the regulations:
1) that we cant touch the visual display unit while driving...so begs the question how do taxis accept a dispatch request???
2) but we can touch the mobile phone if in a cradle to make or end a call (appears inconsistent with the above imo)

Also getting back to the OP it would appear that if the phone/visual display unit is affixed front and centre as you see from the newbies then they are committing an offence under the first part of Reg264, namely:

"A driver shall not drive a motor vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen —
(a) is visible to the driver from the normal driving position; or
(b) is likely to distract another driver"

Pity the plod who enforce the traffic code.
 

DH_uber

Active Member
" (b) the visual display of the phone is being used as a driver’s aid in accordance with regulation 264 and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or otherwise to manipulate any part of the body of the phone. "

Does that mean its ok to touch the screen then ? as opposed to the body

But its o.k. to fiddle with the radio, eat burgers or put your make up on while driving ... How ridiculous !
 

DH_uber

Active Member
Actually not so long again I did try to clarify this topic as well as a few others that are also often asked with the Vehicle Safety Policy department at the DOT. They were fairly clueless and forwarded the matter elsewhere and to the Road Safety Commission who also just gave a fairly useless replies. I had hoped for concrete black and white answers but it seems these people don't really know the legally binding rules themselves or if they even exist. Good luck fighting your case anyone.

Here are the two email replies to what I thought were 4 simple questions.

Dear Ms xxxx

Thank you for your mail.

I apologise for the delay in replying to you.

WP is on leave and due to staffing issues I am currently the only member of the VSP team in the office.

Below is a response that was received back from the manager of Education and Compliance at On-Demand Transport.

“Although we can provide some direction to Ms xxxx on her questions DoT doesn’t regulate child restraints, bus lanes or the use of mobile devices in the way she is asking about.

The rules governing these are administered by the Road Safety Commission under the Minister for Road Safety, a separate portfolio from Transport. As such, she may wish to seek formal clarification from that agency as to the legal interpretation relating to his questions. Their contact details can be found here https://rsc.wa.gov.au/Contact-Us



WP forwarded your e-mail to the Road Safety Commission the same day as his original response to you. As of this morning, we have not received a response.

I will resend the mail to them on your behalf. It may be worth you sending them a mail directly.

I will of course forward on any response that I receive.

Regards,

xxxxx


Vehicle Safety Policy | Driver and Vehicle Services | Department of Transport

GPO Box R1290, Perth WA 6844

Email: [email protected] | Web: www.transport.wa.gov.au


And then subsequently the reply received from the Road Safety Commission


Dear Ms xxxxx,

Thank you for your enquiry.

Below you will find information in response to your questions 2-4, unfortunately the RSC is not in a position to advise you of the legal matter raised in question 1.

  1. The requirements for transporting minors. Is there a legal minimum age below which a passenger may not travel without a guardian.
The RSC is unable to comment.

2. The need for child restraint seats in Uber cars when hired.

It would depend on what vehicle and driver licence the Uber driver is operating with. For instance if the relevant vehicle is licensed as an omnibus/taxi and the driver has a relevant licence to carry passengers for reward (which may be a F or T extension on their drivers licence for example, depending the licensed vehicle being used), then the driver would be an omnibus driver/taxi and the provisions set out by WP would be relevant.

If the Uber driver is not licenced as outlined above and driving a vehicle licenced as an omnibus/taxi then the requirement to ensure a child is restrained in the appropriate child restraint seat would apply as it would for any private driver


3. The law regarding operating a cell phone secured in a craddle. An Uber driver will typically touch the screen in order to accept a ride, and to start a ride and/or the GPS navigation system Is this allowed ? Does a cell phone running the Uber App qualifiy as a despatch device under The Road Traffic Act 2000 reg 264 ?


Regulation 265 continues to apply in relation to the use of mobile phones. Having an Uber, Shofer or GPS app on it does not make the mobile phone a dispatch system.


4. Taxi lanes, Can these be used by Uber ?

Only a Taxi is authorised to stop in a Taxi zone. If the Uber driver is driving a taxi then a taxi zone may be used.


Please note that content of this email is for your information only and is not intended to constitute legal advice.

Thank you for taking the time to contact the RSC, and for your concern for road safety in Western Australia.

This response has been authorised by the Strategy division of the Road Safety Commission.

Kind regards.
Yours faithfully
xxxxx

Customer Service Coordinator
P 1300 999 772
151 Royal Street, East Perth WA 6004

PO Box 6348, East Perth WA 6892
 
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UberDriverAU

Well-Known Member
Does that mean its ok to touch the screen then ? as opposed to the body
The screen is part of the body of the phone. If we could press a button on a device connected via Bluetooth to accept a job that would be perfectly legal.

1) that we cant touch the visual display unit while driving...so begs the question how do taxis accept a dispatch request???
If it's not a phone being used as a dispatch request, then reg 265 doesn't cover that device.
Also getting back to the OP it would appear that if the phone/visual display unit is affixed front and centre as you see from the newbies then they are committing an offence under the first part of Reg264, namely:

"A driver shall not drive a motor vehicle that has a television receiver or visual display unit in or on the vehicle operating while the vehicle is moving, or is stationary but not parked, if any part of the image on the screen —
(a) is visible to the driver from the normal driving position; or
(b) is likely to distract another driver"
If you had your phone visible and were watching YouTube videos, that would breach reg 264. Using Google Maps as a nav app wouldn't breach reg 264 because it's covered by the exemption. The app and functionality that you're using while driving is the deciding factor. Using it in this way, however, doesn't stop it being a phone and it'll still be covered by reg 265.
 

Phildo

Well-Known Member
There's a bit of reading to it, but it still comes down to:

- A driver can do pretty much anything if it is specialised job dispatch equipment.

- For a mobile phone, you can only touch it for starting and ending a phone call.

- You can look at a phone anytime you want (ie GPS nagivation).

- It is illegal to touch a phone for the purpose of accepting an Uber job. People can argue it back and forth all day long, but the spirit of the law is very clear. A mobile phone is not specialised dispatch equipment, so will come under the law for mobile phone use.
 

UberDriverAU

Well-Known Member
There's a bit of reading to it, but it still comes down to:

- A driver can do pretty much anything if it is specialised job dispatch equipment.

- For a mobile phone, you can only touch it for starting and ending a phone call.

- You can look at a phone anytime you want (ie GPS nagivation).

- It is illegal to touch a phone for the purpose of accepting an Uber job. People can argue it back and forth all day long, but the spirit of the law is very clear. A mobile phone is not specialised dispatch equipment, so will come under the law for mobile phone use.
Yep, it is illegal while driving. If you're parked up and waiting for your next trip then there's no problem. But let's face it, unless you do something blatantly illegal in front of a police officer, you're not going to get caught quickly touching your phone illegally. If you have your phone mounted to the left of the steering wheel on an air vent, you'd have to be extremely unlucky to have an officer notice that you've quickly tapped the screen to accept a job. One thing I've noticed that plenty of taxi drivers do illegally is park in bus stops. I wonder how many have received tickets for that.
 
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