Page 4889 - Week 13 - Thursday, 28 November 2019

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systems approach to road safety which incorporates a reliance on responsible road user behaviour but acknowledges that human error occurs.

Driver distraction is any action that takes a driver’s attention away from the road or impacts their driving ability. Tuning your radio along with tasks such as eating while driving can distract a driver from the road. Any activity that distracts a driver can result in higher speeds, lane deviations, and a delay in reaction time.

The penalty referenced is specifically for mobile device use which includes a mobile phone or any other wireless hand-held or wearable device designed or capable of being used for telecommunication, but does not include a CB radio or any other two-way radio.

There are a number of offences that relate to conduct that can lead to driver distraction offences. These include:

Offence

Penalty from 1 November 2019

Drive using a mobile device

infringement notice penalty of $480 and 3 demerit points

Drive using a mobile device for messaging, social networking, mobile application or accessing the internet

infringement notice penalty of $589 and 4 demerit points

Drive vehicle with person/animal in lap

infringement notice penalty of $203

Drive vehicle with TV/visual image visible to the driver or image likely to distract

infringement notice penalty of $249

Drive vehicle without a clear view

infringement notice penalty of $203

Drive without proper control of vehicle

infringement notice penalty of $297

Tuning your radio is not illegal unless it causes you not to have proper control of your vehicle, or if you are using your mobile device as a radio and changing channels or volume requires you to touch your mobile device. However, if using the radio causes you not to have proper control of a vehicle, you can be charged with that offence. ACT Policing members can identify a person tuning a radio based on a number of factors which include officer observations of driving conduct, admissions of the driver and witness statements.

Below is the number of infringement notices and cautions issued in 2018-19 financial year (to 30 October 2019) for offences that relate to actions that cause driver distraction:

Number of Traffic Infringement Notices

2018-19 financial year

Offence

Total

Drive using a mobile phone

988

Driver using mobile phone for messaging, social networking, mobile application or accessing internet

290

Drive vehicle with person/animal in lap

4

Drive vehicle with TV/Video image visible

1

Drive vehicle with TV/Video image likely to distract

0

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