Driver dodges $1,078 fine: iPhone 'not a mobile phone' - Yahoo Finance Australia

A Queensland antheral who utilized his telephone portion driving has avoided a hefty fine. The reason? His iPhone was deemed to beryllium “not a mobile phone” due to the fact that it couldn’t marque calls.

Konrad Gordon Gallaher argued successful the Southport Magistrates Court that the iPhone was not a mobile telephone due to the fact that it didn’t person a SIM paper successful it.

Gallaher, who represented himself, told the tribunal helium had 2 devices successful the car astatine the clip - his mobile telephone which was mounted connected his dashboard, and an iPhone 6, which helium was utilizing arsenic a “portable euphony player”.

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Gallaher claimed the iPhone had “no mobile telephone functionality” and could not nonstop oregon person messages.

After considering the evidence, Magistrate Dzenita Balic said the instrumentality was “aesthetically” an iPhone but did not travel nether the ineligible explanation of a mobile phone.

“A mobile telephone truthful indispensable instrumentality connected its earthy meaning. It is simply a instrumentality susceptible of communication,” Balic said successful her verdict.

“Reasonable minds mightiness disagree arsenic to the presumption of the instrumentality and its imaginable usage but to my mind, paying respect to the quality of the evidence, this was not a mobile telephone astatine the applicable time.”

Balic recovered Gallaher not guilty, but noted that utilizing the iPhone arsenic a euphony subordinate was besides dangerous.

“I should adhd that, to me, the usage of this instrumentality by Mr Gallaher was conscionable arsenic unsafe arsenic the usage of a mobile phone,” Balic said.

In Queensland, utilizing a mobile telephone portion driving attracts a $1,078 good and 4 demerit points. It applies adjacent if you are utilizing your telephone portion stopped astatine postulation lights oregon stopped successful traffic.

You are, however, allowed to interaction your mobile telephone for hands-free use, the Queensland authorities says connected its website. For example, if the telephone is successful a cradle you tin usage it hands-free to skip a song.

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