You may have seen this in movies, television or even in person – when a driver asks their front-seat passenger to ‘hold the wheel’ while they are doing something seemingly important. more important than controlling the tons of metal hurtling along the highway.
- It is the driver’s responsibility to maintain control of the vehicle at all times
- To some extent it is permissible to take your hands off the steering wheel
- Letting someone else drive a car is against the law
Whether you’re just taking your hands off the wheel to arrange that sloppy burger you’re trying to eat or reaching under the seat to grab something you dropped or – heaven forbid – doing something on your phone or your computer, you could get into big trouble if you let someone else take control.
State of Australia Road Rules June 2023, under Regulation 272, “Interfering with the driver’s operation of a vehicle” is an offense where: A passenger in or on the vehicle must not: (a) hinders the driver’s control of the vehicle; or (b) obstruct the driver’s view of the road or traffic.
Now, that could be a very different situation – if a co-driver unruly yanks the wheel out of your hands, they could be charged with a much more serious offense than if you asked them to hold the wheel for a while. when you do something else. Of course, in the event of a medical emergency for the driver, passengers will need to take the best possible control.
We asked a former highway patrol officer what type of offense they noticed and they said an officer would “need some additional evidence” such as seeing an umbrella vehicle is moving in the marked lane or strange driving behavior is observed for a significant period of time. Period.
New, all-seeing cameras being rolled out across the country that can ticket drivers for cell phone use and seat belt violations could also play their part in this type of case. This.
So what kind of punishment are we talking about? In theory, it would depend on the officer and their authority, but the broader term would be “lack of control” of the vehicle or “failure to exercise appropriate control”.
That is Regulation 297 of the Australian Road Rules – “Driver must have proper control of vehicle etc.”, which states: “(1) A driver must not operate a vehicle unless the driver has the ability to control the vehicle appropriately.”
Western Australian statistics suggest that 77% of people killed or seriously injured are in collisions that do not involve basic risk-taking behavior – which means more than three-quarters of those people DO NOT “speed, drive drunk, or not wear a seat belt”. or helmet”.
This means that distracted driving or not paying attention to the road will have a significant impact on road injuries, not just in WA but in all parts of Australia.
Policymakers often refer to four main types of distraction: manual distraction, which is the type we are focusing on in this story, refers to “tasks that require the driver to One hand (or both hands) off the steering wheel and operating. a device,” while others include vision, perception, and hearing.
These rules seem to be quite open to interpretation as to what you could be punished for if caught. I guess it depends on what you’re doing which seems to take priority over driving your car.
Below are some of the penalties that may apply in different Australian jurisdictions.
New South Wales
For Rule 272 “passenger interfering with driver’s control of vehicle”, the driver can be fined $116.
If you are found to have also violated Rule 297 “driving without proper vehicle control”, the penalty is even greater – a $464 fine and 3 demerit points on your license.
Queensland
In QLD, you can be fined $619 and 3 penalty points for the offense of “driving without care and attention”, under the Transport Operations (Road Use Management) Act—Part 83.
Victoria
The Victorian Consolidated Regulations state under similar legislation, “Interference with the driver’s control of the vehicle” that “a passenger in or on the vehicle must not: (a) interfere with the driver’s control of the vehicle driver; or (b) obstruct the driver’s view of the road or traffic.
Penalty: $577 fine.
In addition, Regulation 297(1), “a driver must not drive unless the driver is capable of controlling the vehicle appropriately” may also apply, with a maximum penalty of 5 penalty units. fine, or $962. Demerits may also apply.
South Australia
In SA, people fined for offenses like this must pay the basic fine but also pay a Crime Victims Levy of $99, and although the state is particularly strict on some criminal acts, but the state still applies ‘criminal’ measures. control subject’ as opposed to other jurisdictions.
We’ve compiled the bills for you here for the offenses:
- 272 – Interfering with driver’s control of vehicle – fine $489
- 297(1) Driving without control of vehicle – fine $314
No deduction points apply.
ACT
Under the Territory Road Traffic (Road Rules) Regulations 2017, Regulation 272(a) “a passenger who obstructs the driver’s control of the vehicle” can be fined $208.
The document also states that Reg 297 (1) “driving without proper control of the vehicle” carries a heavier fine of $407.
Demerits may apply.
Tasmania
The same Reg 292 of the Australian Road Rules, “driving without proper control of the vehicle”, carries a $195 fine in Tasmania.
The state’s interpretation of ARR 272, “passenger in/on vehicle obstructs driver’s ability to control or obstructs driver’s view of road/traffic,” is the same – $195 fine.
No drawbacks apply.
Western Australia
The rules in WA under the Road Traffic Code 2000 state:
246. Interfering with the driver’s control of the vehicle:
A person must not act in any way or occupy such a position in a moving vehicle if practicable —
(a) obstructs or hinders the driver from operating the vehicle; or
(b) to prevent motorists or pedestrians in the vicinity from clearly seeing the driver and his signals.
Fine: $50
Northern Territory
The Australian Road Rules interpretation “has proper control of the vehicle” and for passengers “interferes with the driver’s control of the vehicle” both apply in the NT. The amount of the fine was not disclosed by the government.
Not intended as legal advice. Check with the relevant road authority in your state or
Territory.
