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Official Position on Mobile Phone Usage

RoboRider

Well-Known Member
Given the recent debate and uncertainty about the legality of using a mobile phone for ride sharing while driving I thought I would go to the horse's mouth so to speak. I sent an email to CPVV outlining the situation and my understanding of the relevant legislation and finished by asking the following specific question:

Given this confusion and the potential severity of the penalties for breaches of regulation 300 of the Victorian Road Safety Rules 2017 (4 demerit points and a $484 fine) I am seeking specific advice from CPVV regarding the legality of a commercial passenger vehicle driver touching the screen of a mobile phone while their vehicle is moving, or stationary but not parked, in order to use a rideshare application that is functioning as a driver’s aid and the phone is secured in a mounting affixed to the vehicle. Examples of use would include accepting or rejecting jobs offered by their booking provider and beginning or finishing passenger trips
Within a day I had a response from CPVV saying that, as VicRoads administer the Road Rules in Victoria, they had passed my query to them for response.

Today I received the response:

In response to your enquiry below there is no exemption for a driver to touch a ride share application whilst driving.

This issue was not raise by anyone in the industry during the regulatory process or when the draft regulations were published for comment.

Uber is a technology company with great agilty in developing solutuions. Have you discussed this with them as they may have a solution in development.

Driving is complex and challenging. A simple way to make driving safer is to reduce the number of non-driving and distracting activities you undertake while driving.

Using a mobile phone while driving distracts you in many ways.
  • Physical distraction is caused by handling the phone while driving. For example, removing your hand from the steering wheel to dial a phone number, to answer or end a call.
  • Visual distraction is caused by the amount of time you have your eyes off the road. Taking your eyes off the road for just two seconds when driving at 50 km/h, means you travel for 27 metres effectively blind.
  • Cognitive distraction refers to lapses in attention and judgement. This happens when you have to perform two mental tasks at the same time. Having a conversation competes with the demands of driving - your attention is often changing from driving to the conversation. This results in unsafe driving and can increase the risk of a crash.

If you need further please let me know.
So there it is from the horse's mouth ....
 

U8er

Well-Known Member
Currently there is only one thing you can't do on uber app while you are moving. Face verification. You should stop the car to take selfie.
App can detect your moving speed. Uber should put in the movement check before any UI input. As a fully law abiding company Uber will change their UI soon enough, I am sure. Lol
 

Duderx

Well-Known Member
Yeah, just turn on 'auto-accept' so we don't need to touch the screen.
Assuming we don't have a pax on board, then stop when and where safe to do so.
Turn off the engine and remove the key from the ignition and review the recently accepted trip.
If it's not one that you'd normally accept (eg pick up too far away) then cancel the ride.
That's going to do wonders for Uber's pick up time stats (what is it they claim 3min 57 secs?).

OH WAIT, we don't have 'auto-accept' do we?
 

HellRideR

Member
Yeah dont touch the indicator handle, dont touch the window wiper handle while driving then. Is the same reason for dont touch the screen when u need to view the map otherway. Dont even have the phone and gps screen at all...cos is cause distractions....ohhh bloody hell....shoot those girl that wear too sexy on the street....is so distracted too
 

RoboRider

Well-Known Member
  • Thread Starter Thread Starter
  • #6
Did you need to speak to the horse to tell you that you can’t touch your phone while driving? You could have asked any 4 year old child.
Uber want you to touch your phone, so obey. Don’t complain please
You're an idiot. You can touch your phone to make or receive calls, to use a navigation system or adjust your music. The issues of rideshare was unclear.
 
Don’t touch what
You're an idiot. You can touch your phone to make or receive calls, to use a navigation system or adjust your music. The issues of rideshare was unclear.
you’re joking now right?!
Because if you think that you are allowed to touch your phone to make or receive calls, you my good sir are the idiot.
You can ONLY use handsfree functionality built into the car (ie phone buttons on steering wheels) to make or answer calls.
Call Mr Ed again.

You're an idiot. You can touch your phone to make or receive calls, to use a navigation system or adjust your music. The issues of rideshare was unclear.
There is no issue with rideshare because you people don’t matter enough to receive exceptions or have legislation amended-for.
Pay your $500-odd fine and cop your 4 demerit points when you’re changing your Boy George song on your phone. Uncle Uber won’t give a toss.
 

HellRideR

Member
Look....u kid are making so much of fuss....I'll make it simple and understandable about that policy rules. Its says not allowed in "HAND" holding phone while driving whether u make call or not. As long the phone device is in your hand held while driving is violated and u will lose 4 derimits. Doesn't matter if u were holding phone with speaker on is still violated. As long the phone is in your hand carry or holding while drivin...ticket on the way. But did not say you can not touch phone like fingering...is not in the rule book. So is ok to fingering touching swiping phone but not allow carry or hold phone.
 

RoboRider

Well-Known Member
  • Thread Starter Thread Starter
  • #10
Don’t touch what

you’re joking now right?!
Because if you think that you are allowed to touch your phone to make or receive calls, you my good sir are the idiot.
You can ONLY use handsfree functionality built into the car (ie phone buttons on steering wheels) to make or answer calls.
Call Mr Ed again.


There is no issue with rideshare because you people don’t matter enough to receive exceptions or have legislation amended-for.
Pay your $500-odd fine and cop your 4 demerit points when you’re changing your Boy George song on your phone. Uncle Uber won’t give a toss.
Nothing worse than an idiot who is too stupid to know when he is wrong and blabbers on with false statements.

Rule 300 of the Victorian Road Rules states

300 Use of mobile phones
(1) The driver of a motor vehicle must not use a mobile phone while the motor vehicle is moving, or is stationary but not parked, unless the driver holds a full driver licence and—

(a) the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone—

(i) 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 to otherwise manipulate any part of the body of the phone; or

(b) the phone is being used to perform a navigational or intelligent highway vehicle system function in a motor vehicle (other than a motor bike) and the body of the phone—

(i) 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 to otherwise manipulate any part of the body of the phone; or

(c) the phone is being used to perform a navigational or intelligent highway vehicle system function on a motor bike; or

(d) the motor vehicle is an emergency vehicle, enforcement vehicle or a police vehicle.


The main restrictions are if the phone is not secured in a cradle. If the phone is in a cradle all the things I posted are allowed to be done. The uncertainty was whether using your phone while in a cradle to, for example, accept a job from Uber, was legal.

Look....u kid are making so much of fuss....I'll make it simple and understandable about that policy rules. Its says not allowed in "HAND" holding phone while driving whether u make call or not. As long the phone device is in your hand held while driving is violated and u will lose 4 derimits. Doesn't matter if u were holding phone with speaker on is still violated. As long the phone is in your hand carry or holding while drivin...ticket on the way. But did not say you can not touch phone like fingering...is not in the rule book. So is ok to fingering touching swiping phone but not allow carry or hold phone.
Only partially correct. Yes anything you do while holding the phone in your hand is illegal. However, even if it is in a cradle you can only do the things specifically defined in the regulation.
 

HellRideR

Member
Nothing worse than an idiot who is too stupid to know when he is wrong and blabbers on with false statements.

Rule 300 of the Victorian Road Rules states

300 Use of mobile phones
(1) The driver of a motor vehicle must not use a mobile phone while the motor vehicle is moving, or is stationary but not parked, unless the driver holds a full driver licence and—

(a) the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone—

(i) 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 to otherwise manipulate any part of the body of the phone; or

(b) the phone is being used to perform a navigational or intelligent highway vehicle system function in a motor vehicle (other than a motor bike) and the body of the phone—

(i) 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 to otherwise manipulate any part of the body of the phone; or

(c) the phone is being used to perform a navigational or intelligent highway vehicle system function on a motor bike; or

(d) the motor vehicle is an emergency vehicle, enforcement vehicle or a police vehicle.


The main restrictions are if the phone is not secured in a cradle. If the phone is in a cradle all the things I posted are allowed to be done. The uncertainty was whether using your phone while in a cradle to, for example, accept a job from Uber, was legal.



Only partially correct. Yes anything you do while holding the phone in your hand is illegal. However, even if it is in a cradle you can only do the things specifically defined in the regulation.
Tell that to the couriers drivers and trucks driver that using radio walky talky holding in hand. I said that to the police officers bout that too...the officer were speechless. Because they are one of them too holding walky talky while driving. Lol
 

RoboRider

Well-Known Member
  • Thread Starter Thread Starter
  • #12
Sigh look at 300 d in the rule I quoted .. "the motor vehicle is an emergency vehicle, enforcement vehicle or a police vehicle"
 

Who is John Galt?

Well-Known Member
Author
Nothing worse than an idiot who is too stupid to know when he is wrong and blabbers on with false statements.

Rule 300 of the Victorian Road Rules states

300 Use of mobile phones
(1) The driver of a motor vehicle must not use a mobile phone while the motor vehicle is moving, or is stationary but not parked, unless the driver holds a full driver licence and—

(a) the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone—

(i) 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 to otherwise manipulate any part of the body of the phone; or

(b) the phone is being used to perform a navigational or intelligent highway vehicle system function in a motor vehicle (other than a motor bike) and the body of the phone—

(i) 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 to otherwise manipulate any part of the body of the phone; or

(c) the phone is being used to perform a navigational or intelligent highway vehicle system function on a motor bike; or

(d) the motor vehicle is an emergency vehicle, enforcement vehicle or a police vehicle.


The main restrictions are if the phone is not secured in a cradle. If the phone is in a cradle all the things I posted are allowed to be done. The uncertainty was whether using your phone while in a cradle to, for example, accept a job from Uber, was legal.



Only partially correct. Yes anything you do while holding the phone in your hand is illegal. However, even if it is in a cradle you can only do the things specifically defined in the regulation.

OK, thanks. That is all pretty clear. I am out of the (Victorian road rules) jurisdiction but I would be interested to know the current (Vic.) interpretation of

i) is secured in a mounting affixed to the vehicle while being so used; or

What are the definitions of:
1. secured, and
2. affixed.

The word 'cradle' has also been mentioned. What is the explicit meaning of cradle in this context? These words need to be clearly defined, so there is no doubt whatsoever in people's minds.

It is unlikely, but certainly not beyond the realms of possibility that a driver may have his phone in a cradle, but it might be a wine cradle, such as the one below. Hopefully he has drunk the wine and discarded the bottle before nestling his 'phone in the cradle, and hopefully the cradle is affixed.

What exactly does affixed mean? A couple of cable ties attaching it to the steering wheel? Super glue? Jammed into the AC vents?

It is not too hard to imagine that you might have a wine cradle, such as the one pictured below and it is Velcroed (affixed) to the top of the dash. Within the affixed wine cradle, which is now devoid of wine due to all the thinking involved, the mobile 'phone is snuggled into the faux straw and secured with a cable tie ready for action. In this scenario, but perhaps overlooking the drinking of the wine, I don't think any reasonable police officer would have the slightest concern about such an arrangement.


The Cradle:
wine cradle 2.jpg

Many drivers would be excited about starting their shift each day with the revelation
that Victorian police (may) now actively endorse drivers clearing out the wine before
using the cradle.

(My views are not necessarily the same as those of law enforcement bodies.
Please read the PDS [Policewomen's Disclosure Statement] and seek your
own professional advice.)

 

lilstevie

Well-Known Member
What exactly does affixed mean? A couple of cable ties attaching it to the steering wheel?
They define this as a commercially designed holder

Tell that to the couriers drivers and trucks driver that using radio walky talky holding in hand.
They’re not covered by mobile phone restrictions. However taxis, courier drivers, etc all have an exemption from visual display unit restrictions in Reg299. It would be interesting if someone attempted to argue that the app should be covered by that exemption.
 

BuckleUp

Well-Known Member
Keep it low and do it slow...

Keep the phone in a low vent holder, rest your arm on the door trim and slowly move your fingers to tap the mobile. Helps to have max dark window film too, and one of those sun shades on front side windows.

Happy tapping....

They define this as a commercially designed holder


They’re not covered by mobile phone restrictions. However taxis, courier drivers, etc all have an exemption from visual display unit restrictions in Reg299. It would be interesting if someone attempted to argue that the app should be covered by that exemption.
Mount an Android pad or IPad and run the uber app off it. Don't have a sin card inside but use Wi-Fi from you mobile hotspot with you phone placed out of sight in the glove box. Since your pad device doesn't have SIM card it's not a phone, and it becomes a fixed mounted visual display unit for delivery of passenger services.

Argue that with the Magistrate and make legal precedent. You can even ask Magistrate to define cradle, mount, affix and secure for Galty.
 

Immoralized

Well-Known Member
Cannot find any relevant information allowing phones to be used currently for rideshare purposes of accepting or denying pings on the move even though they are the one issuing charter licenses across Oz taking in driver's hard earn $$$.

At this point in time it seem drivers got to cop it on the chin if they are caught using rideshare apps with no direct support from the current road rules in place or DOT in each state. Here in WA $400 and 3 points and pretty clear rules.

Mobile Phones
A driver of a vehicle, can only touch a mobile phone to receive and terminate a phone call if the phone is secured in a mounting affixed to the vehicle. If the phone is not secured in a mounting, it can only be used to receive or terminate a phone call without touching it (e.g. using voice activation, a Bluetooth hands-free car kit, ear piece or headset).

It is illegal for the driver of a vehicle to create, send or look at a text message, video message, email or similar communication, even when the phone is secured in a mounting or can be operated without touching it.

GPS may be used by a driver whilst driving if no touch of the keypad or screen is required.

Unlike NSW, in WA the same rules apply to all drivers, including L and P plate drivers.

Offence Penalty Demerits
Using a hand held mobile phone whilst driving $400 3 Points
Creating, sending or looking at a text message $400 3 Points
Video message $400 3 Points
Email or similar communication whilst driving $400 3 Points
 
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Homebrand Taxi

Well-Known Member

Goatsheep

Well-Known Member
Only way to go about it if fined is to sue Uber for sending trip request while on a trip. Stacked pings will be history after this and we won’t be seeing ants driving aimlessly to receive a ping! Safest place will be at the ants nest at AP lol
 
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