Today’s correspondent is a Victorian paramedic who has:

… been reading the updated Road Safety Road Rules 2017 (Vic) and I have been comparing version 18 (01/07/2022) with version 20 (05/04/2022), specifically rules relating to mobile phone usage.

Upon review I have found that rule 300 Use of mobile phones says:

(1) The driver of a motor vehicle must not use a mobile phone while the motor vehicle is moving, or is stationary but not parked, unless the driver holds a full driver licence and—

…

(d) the motor vehicle is an emergency vehicle, enforcement vehicle or a police vehicle.

However, in version 20, Rule 300 have been removed and appears to be have replaced with Rules 304A to 304Q. This rule goes into significantly more detail around the use of electronic devices in cars, including inbuilt displays, handheld device, and wearable devices. Under this new rule I am unable to identify any clauses granting emergency service workers the ability to use electronic devices in a way that we are required to as part of our operational duties.

The only part of the rule I can identify that would apply to emergency workers is rule 304H Operation of inbuilt devices, mounted devices and motor bike helmet devices in motor vehicles:

(1) Subject to subrules (2) to (5), a person in a motor vehicle must not operate an inbuilt device, a mounted device or a motor bike helmet device while the vehicle is moving, or is stationary but not parked.

(2) A fully licensed driver or a passenger in a motor vehicle may operate an inbuilt device, a mounted device or a motor bike helmet device in the motor vehicle while the vehicle is moving, or is stationary but not parked, if the operation of the device—

(a) does not involve the driver—

(i) entering information, text, numbers or symbols on the device, unless the operation is performed using voice controls only; or

(ii) scrolling on the device; and

(b) is for one or more of the following purposes—

…

(vi) to carry out a professional driving task;

A professional driving task is defined in Rule 304A as:

professional driving task means a task that supports a professional driver’s performance of work-related functions undertaken while driving, and includes the following in relation to the professional driver’s work—

(a) accepting or rejecting a job;

(b) information gathering;

(c) maintaining security;

(d) maintaining safety;

(e) facilitating passenger movement;

Based on my interpretation of these rules I would understand that the definitions for professional driving task (a) and maybe (b) would be most applicable to paramedics.

Noting that, I would say that if a vehicle has a fitted Mobile Data Terminal (MDT) then it would be okay for paramedics to touch the MDT for the purposes listed above under the “professional driving task” definition. In regional Victoria however, we don’t have MDTs and as such rely on Pagers or mobile phones (depending of service and reliability), neither of which are mounted within the vehicle to receive case details and use either in-vehicle or third party GPS navigation devices to respond to jobs – these devices have poor or limited voice control ability which requires us to manually key in addresses.

Whilst we often work in pairs the passenger of the vehicle would usually be able to program the navigation and read out case details for us, we are often working alone as single officers due to staff shortages or as part of a single responder model so we must read the case details ourselves and program our GPS ourselves. Obviously, the safest option would be to pull over to the side of the road, stop and then program those details in, then continue, though that isn’t practical at times due to the limited safe spaces to stop along rural roads which often have little to no shoulder and are often high speed roads.

My interpretation of the change in these rules are that unless we are operating under rule 306 responding with lights and/or sirens we must not touch our phones/pager to obtain case details and update the GPS unless we are stationary.

If I am correct, would the rules need to be amended in order to allow paramedics (and all other emergency service workers) to read their pager, and type in GPS location details while responding to non-lights and sirens cases?

Within the rules/act would there be any room for an emergency worker to contest any fines issued to an emergency worker for using an electronic device as part of their occupation due to that being the technology that is provided to them to complete their job? Noting that I don’t believe a physical police officer would issue a fine to emergency workers for completing tasks at work, however in VIC there are now automatic mobile phone/seatbelt cameras which would likely issue infringements for this.

My correspondent has made a good effort at interpreting the legislation but it reminds us that it’s always wise to look to the definitions. Section 304B defines what is meant by the word ‘device’.  It says, at 304B(2):

A “device” does not include— (b) an item in or on a police vehicle, an emergency vehicle, an enforcement vehicle or a sheriff’s vehicle.

An emergency vehicle includes ‘a vehicle operated by or on behalf of and under the control of— (i) an ambulance service created under section 23 of the Ambulance Services Act 1986 or listed in Schedule 1 to that Act’ (ie Ambulance Victoria) (Road Safety Road Rules 2017 (Vic), Dictionary).

My correspondent’s issues are solved because a pager, mobile phone or GPS device, whilst in an Ambulance Victoria ambulance,  is not a ‘device’ for the purposes of rules 304A to 304Q so the rule against using a device (r 304H) does not apply to the driver of an ambulance. That does not deny that it would be safer to pull over and stop, or have an offsider use the device, but it is not illegal to use it in the circumstances described in the question.

This blog is made possible with generous financial support from the Australasian College of Paramedicine, the Australian Paramedics Association (NSW), Natural Hazards Research Australia, NSW Rural Fire Service Association and the NSW SES Volunteers Association. I am responsible for the content in this post including any errors or omissions. Any opinions expressed are mine, and do not necessarily reflect the opinion or understanding of the donors.