304KOperation of portable devices other than by touching by fully licensed drivers

304K Operation of portable devices other than by touching by fully licensed drivers

(1) A fully licensed driver of a motor vehicle must not operate a portable device in the motor vehicle in a manner specified in subrule (3) if—

(a) the vehicle is moving, or is stationary but not parked; and

(b) the display of the device is visible to the driver from the normal driving position.

2 For the meaning of display, see rule 304D.

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.

4 See rule 304J in relation to the driver of a motor vehicle operating a portable device by touching the portable device.

5 For the meaning of fully licensed driver, see rule 304GB.

(2) A fully licensed driver of a motor vehicle must not operate a portable device in the motor vehicle in a manner specified in subrule (3) if—

(a) the vehicle is moving, or is stationary but not parked; and

(b) the operation of the device is likely to distract another driver.

(3) For the purposes of subrules (1) and (2), the manner in which a fully licensed driver must not operate a portable device is—

(a) operating the device using voice controls; or

(b) permitting ongoing activity on the display of the device.

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

304KA Operation of portable devices other than by touching by other drivers

The driver of a motor vehicle who is not a fully licensed driver must not operate a portable device—

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

(b) by permitting ongoing activity on the display of the device—

while the vehicle is moving, or is stationary but not parked.

2 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.

3 See rule 304G in relation to permitted device interactions.

4 Rule 304J(1) prohibits the driver of a motor vehicle from operating a portable device by touching the portable device.

5 For the meaning of fully licensed driver, see rule 304GB.

Division 3—Operation of devices in relation to bicycles, electric scooters and vehicles that are not motor vehicles

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