304IOperation of wearable devices in motor vehicles

304I Operation of wearable devices in motor vehicles

(1) Subject to subrules (2) and (3), the driver of a motor vehicle must not operate a wearable device while the vehicle is moving, or is stationary but not parked.

1 Wearable device is defined in rule 304A.

2 For the meaning of operating, in relation to a device, see rule 304E(1).

3 Rule 304F deals with how a stopped or stationary motor vehicle may be parked and how a stopped motor vehicle is stationary but not parked.

(2) A fully licensed driver may operate a wearable device while a motor vehicle is moving, or is stationary but not parked, if the operation of the device—

(a) does not involve the driver touching the device (other than by incidental physical contact with the device that is caused by the driver wearing the device); and

The operation of the device using voice controls to make a telephone call.

For the meaning of fully licensed driver, see rule 304GB. For the meaning of touching, in relation to a device, see rule 304E(2).

(3) A novice driver may operate a wearable device in a motor vehicle while the motor vehicle is moving, or is stationary but not parked, if the operation of the device—

(i) touching the device (other than by incidental physical contact with the device that is caused by the driver wearing the device); or

(ii) using a function on the device other than by touching the device; and

(b) involves playing or streaming audio material on the device.

For the meaning of novice driver, see rule 304GC.

A novice driver may operate a wearable device to play music while driving if the device is set up to do so prior to driving and the driver does not touch the device or use any voice controls.

(4) The driver of a motor vehicle must not look at the display of a wearable device being operated by another person in the vehicle while the vehicle is moving, or is stationary but not parked.

Rule 304J inserted by S.R. No. 7/2023 rule 16.