Friday, Aug 19, 2022 at 09:45
Read the legislation to get the facts :
Ken
NSW Legislation - Road Rules
Current version for 10 December 2021 to date (accessed 18 July 2022 at 11:31)
299 Television receivers and visual display units in vehicles
(1) A driver must not drive a 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.
Maximum penalty—20 penalty units.
Note. Park is defined in the Dictionary, and vehicle is defined in rule 15.
(2) This rule does not apply to the driver if—
(a) the driver is driving a bus and the visual display unit is, or displays, a destination
sign or
other bus
sign, or
(aa) * * * * *
(b) the visual display unit is used as a driver’s aid and either—
(i) is an integrated part of the vehicle design, or
(ii) is secured in a mounting affixed to the vehicle while being used, or
(ba) the visual display unit is a mobile data terminal fitted to a police vehicle or an emergency
vehicle, or
(c) the driver or vehicle is exempt from this rule under another law of this jurisdiction.
Examples of driver’s aids.
1 Closed-circuit television security cameras.
2 Dispatch systems.
3 Navigational or intelligent highway and vehicle system equipment.
4 Rearview screens.
5 Ticket-issuing machines.
6 Vehicle monitoring devices.
Note 1. Bus, emergency vehicle and police vehicle are defined in the Dictionary.
Note 2. Rule 299(2)(aa) of the Australian Road Rules has not been reproduced in these Rules. The
paragraph has been left blank in order to preserve uniformity of numbering with the Australian Road Rules.
Note 3. Subrule (2)(b) is not uniform with the corresponding paragraph in rule 299 of the Australian Road
Rules. Different rules may apply in other Australian jurisdictions.
(3) For the purposes of subrule (2)(b)(ii), a visual display unit is secured in a mounting affixed to the
vehicle only if—
(a) the mounting is commercially designed and manufactured for that purpose, and
(b) the unit is secured in the mounting, and the mounting is affixed to the vehicle, in the manner
intended by the manufacturer.
300 Use of mobile phones
(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary
but not parked, unless—
(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 secured in a mounting affixed to the vehicle and 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
any thing on the body of the phone or to otherwise manipulate any part of the body of
the phone, or
(b) the phone is functioning as a visual display unit that is being used as a driver’s aid and the
phone is secured in a mounting affixed to the vehicle, or
(c) the vehicle is an emergency vehicle or a police vehicle, or
(d) the driver is exempt from this rule under another law of this jurisdiction.
Maximum penalty—20 penalty units.
Examples of driver’s aids.
1 Closed-circuit television security cameras.
2 Dispatch systems.
3 Navigational or intelligent highway and vehicle system equipment.
4 Rearview screens.
5 Ticket-issuing machines.
6 Vehicle monitoring devices.
Note 1. Emergency vehicle, park and police vehicle are defined in the Dictionary.
Note 2. Subrule (1) is not uniform with the corresponding subrule in rule 300 of the Australian Road Rules.
Different rules may apply in other Australian jurisdictions.
(1–1) Subrule (1) does not apply if—
(a) the vehicle is stationary in a road related area, and
(b) the phone—
(i) is functioning as a payment device to enable the driver to pay for goods or
services that
are required to be paid for in the road related area, or
(ii) is being used to display an electronic coupon, voucher, card or similar article that
requires the body of the phone to be held in close proximity to another device located
in the road related area in order for the article to be used or redeemed, or
(iii) is being used as an electronic device that enables the driver to enter another road
related area or land adjacent to the road related area.
Note. This subrule is an additional NSW subrule. There is no corresponding subrule in rule 300 of the
Australian Road Rules.
(2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle only
if—
(a) the mounting is commercially designed and manufactured for that purpose, and
Road Rules 2014 [NSW]
(b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in
the manner intended by the manufacturer.
(3) For the purposes of this rule, a driver does not use a phone to receive a text message, video
message, email or similar communication if—
(a) the communication is received automatically by the phone, and
(b) on and after receipt, the communication itself (rather than any indication that the
communication has been received) does not become automatically visible on the screen of
the phone.
(3–1) This rule does not apply to the driver of a vehicle who is the holder of a learner licence or a
provisional P1 or P2 licence.
Note 1. Provisional P1 licence and provisional P2 licence are defined in the Dictionary and learner
licence is defined in the Act.
Note 2. Rule 300–1 provides for the use of mobile phones by drivers who are holders of learner licences or
provisional P1 or P2 licences.
Note 3. This subrule is an additional NSW subrule. There is no corresponding subrule in rule 300 of the
Australian Road Rules.
(4) In this rule—
affixed to, in relation to a vehicle, includes forming part of the vehicle.
audio phone call does not include an email, text message, video call, video message or other
similar communication.
body, in relation to a mobile phone, means the part of the phone that contains the majority of the
phone’s mechanisms.
held includes held by, or resting on, any part of the driver’s body, but does not include held in a
pocket of the driver’s clothing or in a pouch worn by the driver.
mobile phone does not include a CB radio or any other two-way radio.
use, in relation to a mobile phone, includes any of the following actions by a driver—
(a) holding the body of the phone in her or his hand (whether or not engaged in a phone call),
except while in the process of giving the body of the phone to a passenger in the vehicle,
(b) entering or placing, other than by the use of voice, anything into the phone, or sending or
looking at anything that is in the phone,
(c) turning the phone on or off,
(d) operating any other function of the phone.
AnswerID:
641468
Follow Up By: Kazza055 - Friday, Aug 19, 2022 at 11:15
Friday, Aug 19, 2022 at 11:15
Great post that should settle any doubts on the question.
Interesting point at "299,1(b) is likely to distract another driver", I was following a car which was playing a video on a rear sear screen and even though I not close enough to see what was on the screen, it was the continuous flashing of the screen was very annoying especially as it was dark. Most annoying thing was that I could not hear it ;=)).
But there you go, it is illegal.
FollowupID:
920615
Follow Up By: Happy Explorer - Friday, Aug 19, 2022 at 15:51
Friday, Aug 19, 2022 at 15:51
Thank you Ken for the information.
I can't say I read it the way Kazza055 sees it but I could be wrong here.
If we can assume that the same regulations apply to iPads as iPhones then it appears that it probably would be legal provided it is mounted correctly and being used for navigation purposes and not being physically touched or adjusted by the driver. Absolutely no different to streaming the iPad through a head unit I would have thought.
Add to this, differences from state to state and it becomes very clouded.
As this is central to Exploroz and the future of their app, could we ask that they seek clarity on this from relevant state authorities and publish it in a document we can print out and carry in our vehicles. Of course it would need to keep abreast of any rule changes. If in fact it is generally illegal then Exploroz will need to produce a locked screen that can only be used for their app to satisfy the regulations.
I too would like to get an iPad to run the app but not while there is doubt around the legal aspects.
Food for thought Michelle.
Many thanks
Roy
FollowupID:
920619
Follow Up By: Kazza055 - Friday, Aug 19, 2022 at 16:13
Friday, Aug 19, 2022 at 16:13
What I was trying to say is that it is OK to use the screen when it is used as a driver's aid.
What is not allowed is to play a video for the kids in the back
seat when it can be seen by other drivers. Probably OK during the day but not when it is dark, very distracting for drivers behind you.
FollowupID:
920620
Follow Up By: Happy Explorer - Friday, Aug 19, 2022 at 16:53
Friday, Aug 19, 2022 at 16:53
Hi Kazza055
Thanks for clarifying that, seems like I was wrong.
I was picking up on your first and last sentence and not the "interesting point" bit in the middle. This thread started with a question about the legalities of using an iPad for navigation.
This is my whole point of course. The rules are just as misleading and need official clarification as to how they apply to everyday travellers in each state. I was just using your post as an example of how we can read these rules differently.
Wasn't trying to pick a fight or anything especially as that is probably the first post I have ever placed on any
forum. Probably should have sent a private email to Michelle with my thoughts.
Apologies.
Roy
FollowupID:
920621
Follow Up By: Kazza055 - Friday, Aug 19, 2022 at 17:14
Friday, Aug 19, 2022 at 17:14
No problems Roy, didn't take any offence but when I re-read the last comment about the "illegal" I thought it did need clarification.
If you ask me the post by kgarn I feel it spells it out quiet clearly but if you are stupid enough to play a video on the screen, whatever type it is, you deserve to be pinged.
Remember that most new cars these days are fitted with screens for dash display and infotainment that can load just about any Android app available they have to be legal.
Any factory fitted head unit will be locked to disable the playing of video if the car is moving, my D-Max even cut out the front camera after I reached 20k/h and this is very common. Others will disable it once the handbrake is released.
FollowupID:
920622