Thread: GPS Legalities in NSW

Originally Posted by Davehoos

its actualy ilegal because the dash has to be impact friendly and loose items.

not that all of the other junk availabe is.the funny one i come across is chrome parts on the steering or indicators.

I guess that makes about 90% of all cars on the road illegal... Come to think of it, the term "impact friendly" doesn't immediately leap to mind as a description for the standard defender dash!

Cheers,
John.

As a person thats work is on the road all the time

You would not believe the Amount of people you see on the road who have GPS units sat in the middle of the windscreen or right in front of their vision in the middle of the windscreen. Right in their line of sight and dame right dangerous. Just look around you when you drive and you will see what I mean. This is what police should be rightfully cracking down on

And you know that these people , by the look of the car never ever really go anywhere apart from to the shop , work and pick their kids up from school. And the gps is just a toy and status symbol rather than use to find where they are going. After all why do you need a gps to be on to go to the shopping center.

Ok pommie winge off

Going back to Brian's post in regard to Laser/Radar detectors, I recall the fine for 'possess', and 'fail to surrender speed evasion article' are about $1100 each carrying 6 or 7 demerit points.

The laser/radar operate on light and electromagnetic radio waves, so yes, by the time the unit gives an audible alert and you lift your foot and/or react to reduce speed, your speed has been registered by the Radar or Lidar (laser).

I will check the website, because it sounds interesting.

You do see some dopes with the GPS mount at eye level, but then you see a lot of other dumb things on the road too.

The other issue that may have been raised by police is that it is an offence to have a 'TV' playing and in view of the driver whilst the vehicle is in motion. This does not include the moving map display of a GPS, as it is considered a 'drivers aide'.

I don't think Legislators have considered reversing cameras and the image displayed, but there's still time for them

Matt.

There is so much crap posted about mounts on the internets it's a bit difficult to work out what is legal and what is not. The Australian Road Rules Feb 2009 has the following rules relating to visual displays and mobile phones:

Rule 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 osition; or
(b) is likely to distract another driver.

Offence provision.

Note Motor vehicle and park is 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 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
Note Police vehicle and emergency vehicle are defined in the dictionary.
(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.
Examples of driver’s aids
1 Closed-circuit television security cameras.
2 Dispatch systems.
3 Navigational or intelligent highway and vehicle system equipment.
4 Rearview screens.
5 Ticket-issuing machines.
6 Vehicle monitoring devices.
Note Bus is defined in the dictionary.

and

Rule 300 Use of mobile phones
(1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless:

(a) the phone is being used to make or receive a phone call (other than a text message, video message, email or similar communication) and the body of the phone:

(i) is secured in a mounting affixed to the vehicle while being so used; or
(ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone; or

(b) the vehicle is an emergency vehicle or a police vehicle; or
(c) the driver is exempt from this rule under another law of this jurisdiction.

Offence provision.
Note Emergency vehicle, park and police vehicle are defined in the dictionary.

(2) For the purposes of this rule, a mobile phone 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 mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

(3) For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if:

(a) the communication is received automatically by the phone; and
(b) on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone.

(4) In this rule:

affixed to, in relation to a vehicle, includes forming part of the vehicle;

body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone's mechanisms;

held includes held by, or resting on, any part of the driver's body, but does not include held in a pocket of the driver's clothing or in a pouch worn by the driver;

mobile phone does not include a CB radio or any other two-way radio;

use, in relation to a mobile phone, includes any of the following actions by a driver:

(a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle;
(b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone;
(c) turning the phone on or off;
(d) operating any other function of the phone.

These rules are determined in conjunction with State Attorney-Generals and the state road rules should be very similar the Australian rules.

In Victoria the rules regarding navigation devices are directly referenced to rules 299 and 300.

NSW road rules 299 and 300 are virtually identical to the national rules:

http://www.legislation.nsw.gov.au/fr...N'tocnav=y

http://www.legislation.nsw.gov.au/fr...N'tocnav=y

So as far as I can see there is nothing in the road rules which prohibits windscreen mounting of larger units like iPads, providing they are mounted in a commercially produced mount which is used in the way intended by the manufacturer.

If you are fined while using a commercial mount I think you'd have very good basis for appeal. Police cannot arbitrarily invent road rules, although I'm sure some think they have the right.

Note that there is an Amendment Package to the Australian Road Rules dated October 2011. This contains a proposed change to Rule 299 which is designed " to correct an earlier drafting error and ensure motor bike riders are treated like drivers of other vehicles." No other changes relating to Navigation devices or mobile phones are mentioned.

cheers
Paul

I dont think the type of mount is the problem but where the mount is, anything above the dash could be deemed to be obstructing the drivers view Remember even fluffy dice on the mirror can attrack a fine and will be upheld by a magistrate. The op was about obstructing the drivers view.

Originally Posted by THE BOOGER

Remember even fluffy dice on the mirror can attrack a fine and will be upheld by a magistrate.

What piece of legislation defines this as an offence and the fine? It's certainly not in the Australian Road Rules and it doesn't appear to be in the ADR's.

Originally Posted by THE BOOGER

I dont think the type of mount is the problem but where the mount is, anything above the dash could be deemed to be obstructing the drivers view Remember even fluffy dice on the mirror can attrack a fine and will be upheld by a magistrate. The op was about obstructing the drivers view.

Yep, I think they see it as anything in the 'head impact area' that may cause a drama in addition to obscuring the drivers view.

The thing on the dash (which may contravene ADR's) may score you a defect notice, whilst the obscured view may score you a fine - either way i'd demonstrate the required attitude, cop the tip and remove it until the issue can be clarified by legislation, insurance and the registering body.

It's a punish jumping through hoops but if there's an 'out' for an insurance company in regard to a personal injury claim, either as an occupant or pedestrian, they'll grab it and choke the living crap out of it to get their desired result.

Matt.

TBH I'd rather be informed before being forced to "assume the position". And unfortunately that seems to mean reading the legislation.

I've found QLD police advisory information indicating that anything that "If an object, such as an item hanging from a rearview mirror, or a GPS device obstructs your vision it must be moved to a different place or removed." Fine = $45. There is no attempt to define what constitutes "obstructs".