I hope you didn’t drop a whole heap of coin on a proper satnav application for your iPhone – turns out that in Australia, using your smartphone as a GPS navigation device is illegal.
According to Traffic Services Commander of the NSW Police, Assistant Commissioner John Hartley:
Under Rule 300 of the Australian Road Rules, which prohibits the use of a hand held device while driving, if the unit is a mobile phone then any function connected to the phone would be classified as use and this includes GPS.
Rule 299, of the Australian Road Rules permits a GPS but not one connected to a mobile phone. A smart phone is still a mobile phone regardless of what else it may be capable of.
That means that even if you buy TomTom’s iPhone bracket and stick your iPhone in it to use the device as a satnav, because the iPhone’s still a phone, using it is against the law. The same rule goes for any Nokia device offering turn-by-turn navigation, any Telstra phone with WhereIs… If your satnav has a SIM card or mobile phone capability, then you run the risk of being fined.
Chatting with a police officer friend of mine about this, she said that in reality, if your iPhone is window mounted and you use it that way, most police officers “aren’t really going to be able to tell whether it is a mobile phone, or a Navman, or iPod or whatever and most would not bother pulling you over for that”.
Still, if you do get pulled over, in NSW you’re looking at a $253 fine and three demerit points, unless you get caught in a school zone during school zone operating hours, at which point it’s $338 and four demerit points. The penalty in other states might be different, but the law is the same across the country.
This whole situation raises a whole heap of questions about both the availability of these apps on iTunes, as well as companies like Nokia marketing their Navigator lineup of handsets. After all – how can a company sell a phone designed to be used illegally, regardless of how archaic the law is?
Stay tuned for more on this…
dk
August 25, 2009 at 8:39 PM
How is this any different to using a bluetooth handsfree kit? The phone is still in use.
This is incorrect – you can even use a mobile phone on loudspeaker so long as it is not in your hand. You can look at the time on the mobile (therefore using it) as long as it is not in your hand.
As soon as it is in your hand (even for looking at the time), then it is in use and you’re liable.
I would never issue a ticket for this, though I have given several for phones in use (talking), on a moral standpoint, but also because this advice given by John HARTLEY of NSW is wrong.
Report PermalinkLucas
August 25, 2009 at 10:21 PM
http://www.police.nsw.gov.au/contact_us
Select commissioners office and let’s voice our anger! Gadget lovers unite!!!!
Report PermalinkRtobin
August 25, 2009 at 10:11 PM
Get over it.the iPhone’s lastest update allows my sygic app to give me voice innstructions over Bluetooth, in a Nissan.
Report PermalinkI agree with a few previous comments- storm in a tea cup.you got eveybody talking nick but the story is as relavent and serves the same purpose as Twitter
Ready
August 25, 2009 at 10:38 PM
Just read the rules. And it’s fine to use the iPhone in a dock as a Satnav Unit.
299 Television receivers and visual display units in motor vehicles
(2) This rule does not apply to the driver if
(b) the visual display unit is, or is part of, a driver’s aid
Examples of driver’s aids.
3 Navigational or intelligent highway and vehicle system equipment.
Rule busted, Can you the iPhone as a Satnav system.
300 Use of mobile phones by drivers (except holders of learner or provisional P1 licences)
(1) The driver of a vehicle (except an emergency vehicle or police vehicle) must not use a mobile phone that the driver is holding in his or her hand while the vehicle is moving, or is stationary but not parked
(1–1) Subrule (1) does not apply to the driver of a vehicle who is the holder of a learner licence or provisional P1 licence.
Note 2. Rule 300–1 places restrictions on the use of mobile phones, whether or not held in the hand, by the holder of a learner licence or provisional P1 licence.
(This only means that you cannot use it as a Satnav system if your on your L’s or P’s.
Say’s nothing about not being able to use it on a full licence.
(2) In this rule:
mobile phone does not include a CB radio or any other two-way radio.
use, in relation to a mobile phone, includes the following:
(a) holding the phone to, or near, the ear (whether or not engaged in a phone call),
(b) writing, sending or reading a text message on the phone,
(c) turning the phone on or off,
(d) operating any other function of the phone.
What people arn’t getting is that this part is connected to the first part that say’s you must be holding the device. Therefore ((d) operating any other function of the phone.) only applies if you are holding the device.
YOU CAN USE A DOCK :)
and if the cops give you trouble. Print this out and pin it to there foreheads.
(COPS RULE!!)
Report PermalinkReady
August 25, 2009 at 10:47 PM
No seriously, they do :)
Report Permalinkkeep up the good work
Kevin Russell
August 25, 2009 at 11:12 PM
Hi, just thought I’d add my story.
I got pulled over a few months ago for using my iPhone as a GPS while driving. I’d stopped at some traffic lights and had pulled it out of my pocket to make sure I was going the right way. It was before turn-by-turn was available so I was using the maps application.
Fortunately I got let off because I was able to show that I wasn’t using it as a phone at the time. The cop said what I did was still illegal though and that if the phone was in a cradle, I could do what ever I liked with it.
I’m in SA. I don’t know if that’s the law here but it appears to be what the cops are enforcing.
Report Permalinkklaw81
August 26, 2009 at 9:39 AM
Why is this suddenly a big issue when iPhone nav apps show up? It’s not like it’s a totally new issue!
Mobile phones with turn-by-turn GPS have been available for ages, and I’ve been using them for about 4 years with no trouble.
However, I agree that some legal clarity is needed, and if we need to enlist the help of the iPhone lobby to get clarification, then I’m all for it.
Report PermalinkMick
August 26, 2009 at 9:42 AM
Are you asshats kidding me , bitching about this law just because you cant use/fiddle with your phone or ipods whilst driving. You poor little babies. Heres a revelation for you, whilst you are driving you are meant to have your concentration on the ROAD not looking for tunes on your playlist or looking at somethings else on your Phone. The wording is quite specific it says “use of a hand held device while driving” what part of that do you misunderstand. In other words you FAT PIZZA wannabe’s, keep your hands on the wheel and your eyes on the road!
Report PermalinkReady
August 26, 2009 at 8:47 PM
not bitching about why we can’t fiddle with our tunes you fool. You obviously didn’t read anything. Or your mind is that limited that you could not understand anything but thought you better put your stupid 2 cents in anyway. where talking about using smartphones as S A T N A V U N I T S. I swear kids these days, No respect…
Report PermalinkChris Slee
August 26, 2009 at 9:47 AM
Seriously, learn to read. The rules are quite clear: if it’s in a commercial mounting, it’s fine.
Report Permalinkglennc
August 26, 2009 at 9:57 AM
my guess is it’s the screen size of some phones as well as the functions. they should have a minimum requirement for the screen size so phones with full screens are ok and smaller half screen phones are deemed too small and a distraction.
Report Permalinkmichael
August 26, 2009 at 10:59 AM
So if you have a car, and that car has a built-in phone… it’s illegal to drive ?
Guess you better have a passenger and say they’re using the sat-nav.
Report PermalinkBennish
August 26, 2009 at 11:01 AM
Wow, luckily apple created the world’s FIRST mobile phone with GPS, otherwise we would never have known this!
Like, we would have known if phones other than the iPhone(tm) existed, and if those phones had GPS. But as we know, none of them exist.
Sometimes I wonder if there’s anything other than Apple products… but then I come to Gizmacmo and I’m reminded that iPhone is all. iPhone is all. iPhone is all…
Report PermalinkNick Broughall
August 26, 2009 at 11:25 AM
Come on Bennish. I admit it was the iPhone apps that initiated my questioning of how the laws interpreted GPS use, but I clearly mention other phone brands / services in the article. This isn’t just an iPhone issue, it’s a smartphone issue…
Report PermalinkBrian Hatton
August 26, 2009 at 8:48 PM
So as the iPhone can’t multitask with third party Apps i.e. the GPS won’t work when being used as a phone e.g. making a call.
Wouldn’t that make it a GPS when not using the phone part and a phone when not using the GPS part and as it is not possible for both functions to be used simultaneously would this law, rule, regulation or whatever not apply?
Report PermalinkJAB_au
October 12, 2009 at 5:55 PM
As long as they buy me a dedicated satnav their wont be a problem. A dedicated satnav is of course a waste of money when you can have an all in one unit.
Report PermalinkGavin
October 26, 2009 at 1:01 AM
I recently got my nokia smart phone because I wanted hit three birds with one stone by having a phone, MP3 player and sat nav GPS (being the main reasons).
I also went out and purchased $99 year plan, and just a few months after they decided to ban all hands free use of mobiles, all because a few morons don’t obey the law.
So I’m stuck on a more expensive phone, wasted $99 and have to spend $400 or so on a stand alone GPS (which they’d probably outlaw next).
What’s next, banning drivers from having passengers next to them as they too distract the driver.
Report Permalinkravin singh
July 4, 2010 at 12:13 AM
on the issue of if its a mobile what if i take the sim card out.
it is now essentially an ipod at best and cannot be classifed as a mobile phone.
any laws against ipods.
Report PermalinkRod Bolt
November 4, 2010 at 2:09 PM
What about if you have a bluetooth kit connecting your car to your iphone???? If you don’t actually touch your phone for the entire trip then you aren’t actually using a phone, becuase my bluetooth unit controls are on the steering wheel…. AND THAT IS LEGAL!!!!
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