Smart devices have become an integrated part of everyday life in the current age. These items provide great convenience, yet constant distraction. This is particularly the case while you are driving.
It is well known that using a mobile phone while driving is an offence. But how much do most of us actually know about the specific rules? What about your trusted smartwatch? The smart display in your car? That external GPS device mounted to your dash?
Modern vehicles and technology create many grey areas for everyday drivers. Below, we outline the key details of the offence, how the law applies in common situations, and what you can do to stay compliant before starting your next trip.
The Legal Framework
In Victoria, the Road Safety Road Rules 2017 set out the laws relating to device use while driving. Under Rule 304H, a driver must not operate an in-built device, mounted device, or motorbike helmet device while the vehicle is moving or is stationary but not parked. In practice, this means that stopping at traffic lights or in heavy traffic is not considered “parked.”
Crucially, the rule focuses on prohibiting any operation that involves:
- Physically entering information into the device, or
- Scrolling on the device.
This may seem surprisingly strict, but the law recognises that some interactions with devices are necessary for safe or practical driving. As a result, certain limited actions are permitted where they do not require entering text or scrolling. These include:
- Accepting or rejecting a phone call
- Selecting or controlling audio (including music and podcast volume)
- Using the navigation function
- Controlling in-vehicle systems such as air conditioning
These allowances apply only where the device is an in-built car system or a properly mounted device that the driver can operate with minimal distraction.
Smartwatches and Wearables
Smartwatches are increasingly common, and many drivers rely on them for notifications, fitness tracking, or navigation prompts. The law treats them similarly to other devices: a driver must not operate a smartwatch while the vehicle is moving or stationary but not parked.
However, there is an important distinction. Because a smartwatch is worn on the body, incidental touches, i.e., movement caused simply by wearing the device, are permitted. What is not allowed is any intentional operation, such as tapping a notification, replying to a message, or interacting with apps.
If your smartwatch vibrates while driving, the safest legal option is to ignore it until you are parked.
Portable vs Mounted Devices
A “portable device” includes a mobile phone, tablet, camera, or GPS device that is not in-built or securely mounted to the car. For fully licensed drivers, using a portable device while driving is heavily restricted. It must not be picked up, held, or operated in any capacity, unless the vehicle is parked.
If you need to rely on navigation or audio, the device must be mounted correctly in a commercially designed cradle and placed in a position that does not obscure your view of the road.
Additional Restrictions for Learner and Probationary Drivers
Learner (L) and Probationary (P1 and P2) drivers are subject to stricter conditions. They must not use any device at all, even if it is:
- Mounted
- Hands-free
- Voice-controlled
- Connected to the vehicle’s system
- Worn (e.g., smartwatch)
For L and P plate drivers, the rule is simple: no device interaction and no device functionality while driving, under any circumstance.
This reflects the specific safety risk younger and inexperienced drivers face, as well as the data showing that distraction from technology is a major contributor to crashes among novice drivers.
Preparing Before You Drive
Staying compliant often comes down to setting up your devices before you begin driving. A few simple steps can help you avoid unintentional breaches:
- Set your navigation route before moving off—including any planned stops.
- Enable Do Not Disturb or Driving Mode on your phone or smartwatch.
- Mount your phone securely if you need to use it for navigation.
- Queue your music or podcasts before starting the trip.
- Check your vehicle’s in-built system settings so you won’t need to adjust them on the road.
If you are a learner or probationary driver, the safest approach is to place your devices out of reach before turning on the ignition, such as in the glovebox.
The Bottom Line
Modern vehicles offer convenience and connectivity, but the law is clear: drivers must not operate devices in a way that distracts from the primary task of driving safely. Understanding what you can and cannot do is essential to avoid penalties and keep our roads safe. With a bit of preparation before you start your journey, complying with the rules becomes simple and stress-free.
If you require advice about a mobile phone or distraction-related infringement, our team can assist.