Australian Distracted Driving Legislation

If you or your employees have a computer installed in a vehicle or use a laptop while on-the-road, you need to be aware of the legislation governing 'Visual Display Units'. The installation and use of such devices is strictly controlled. Australian States each have their own form of 'Distracted Driving' legislation governing the installation and use of computers and display devices within vehicles, some of which are detailed below (as at April 2011). Generally, State and Territory rules reflect the national "Australian Road Rules" but there may be differences beteween jurisdictions. In the extracts below, we refer to the rules regarding visual display units.

Australian Road Rules
Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
Tasmania
Victoria
Western Australia

Australian Road Rules

These form the basis of individual State and Territory legislation. Rule 299 governs use of Visual Display Units, and a link can be found on the Australian Road Rules page, published and maintained by the National Transport Commission.

Australian Capital Territory

Refer to 'Australian Road Rules'.

New South Wales

The NSW legislation states:

299 Television receivers and visual display units in motor vehicles
(1) A driver must 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.

Note. Motor vehicle and park are 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
(b) the visual display unit is, or is part of, a driver’s aid, or
(c) the driver or vehicle is exempt from this rule under another law of this jurisdiction.

Examples of driver's aids.

Closed-circuit television security cameras.
Dispatch systems.
Navigational or intelligent highway and vehicle system equipment.
Rearview screens.
Ticket-issuing machines.
Vehicle monitoring devices.

Northern Territory

Refer to 'Australian Road Rules'.

Queensland

The QLD legislation states:

(2) This section 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
(b) the visual display unit is, or is part of, a driver’s aid, or
(ba) the visual display unit is a mobile data terminal fitted to a police vehicle or an emergency vehicle

Examples of driver's aids.

Closed-circuit television security cameras
Dispatch system
Navigational or intelligent highway and vehicle system equipment
Rearview screens
Ticket-issuing machines
Vehicle monitoring devices

South Australia

Refer to 'Australian Road Rules'.

Tasmania

The Tasmanian legislation states:

(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) the vehicle is a motor bike and the visual display unit is, or is part of, a driver's aid; or
(b) the vehicle is not a motor bike and the visual display unit is, or is part of, 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.

(3) For the purposes of subrule (2)(b)(ii), a visual display unit is secured in a mounting affixed to the vehicle if, and 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

Victoria

The Victorian legislation states:

Visual display units/navigational devices/GPS

A driver must not drive a vehicle that has a television receiver or a visual display unit operating if any part of the screen is visible to the driver or is likely to distract another driver.

A driver can use a driver's aid such as a navigation device but it must be an integrated part of the vehicle design, or secured in a commercially designed holder, which is fixed to the vehicle.

Western Australia

The Western Australian legislation states:

36. Television receivers and visual display units
(1) A television receiver or visual display unit must not be installed in a vehicle so any part of the image on the screen is visible to the driver from the normal driving position.

(2) However, subrule (1) does not apply to -
(a) a television receiver or visual display unit that cannot be operated when the vehicle is moving; or
(b) a driver's aid in any vehicle or a destination sign in a bus.

(3) A television receiver, or visual display unit, and its associated equipment in a vehicle must be securely mounted in a position that -
(a) does not obscure the driver's view of the road; and
(b) does not impede the movement of a person in the vehicle.

Note: This information is presented for reference purposes only. Please refer to the appropriate government agencies to obtain the most up to date and correct details of relevant legislation.

Information Sourced From: Blank-IT