Australia is battling a expertise based mostly pandemic, with drivers being caught texting and driving extra now than ever earlier than.
Cell phone reliance is costing Aussies extra than simply demerit factors – in excessive instances, it’s costing them their lives, or the lives of different street customers.
And whereas fines are hefty for folks caught ‘phone-handed’ and authorities don’t have any drawback dispensing the demerits for these sprung, a current case has proven the present laws is in dire want of a refresh.
One Queenslander has proven how delicate and outdated present legal guidelines round cell phone utilization whereas driving is, and managed to have a thousand greenback positive thrown out in court docket.
Throughout Australia, driving whereas utilizing a “cell phone” is prohibited, however the legal guidelines don’t say something about different digital units.
The Gold Coast man informed the Southport Magistrates Courtroom he wasn’t breaking any guidelines, as a result of his cellphone didn’t have a SIM card put in in it – he was merely utilizing it for music.
And whereas the laws round cell phone utilization whereas driving varies from state to state, the one factor the nation agrees on as a complete, is the definition of cell phone.
The presiding Justice of the Peace on this case discovered though the gadget appeared like a cellular gadget, with out the SIM card put in, it had no performance as a cellphone on the time.
“Affordable minds would possibly differ as to the presentation of the gadget and its attainable use however to my thoughts, paying regard to the character of the proof, this was not a cell phone on the time,” the Justice of the Peace stated.
This resolution begs the query, if it’s authorized to make use of a cellphone with no SIM card in it whereas driving, what else can we get away with?
Considered one of South Australia’s most profitable and skilled legal professionals in felony and site visitors regulation, Michael Woods agrees the laws round cell phone utilization whereas driving is outdated, and doesn’t adequately cowl all of the technological developments made over time.
“One of many issues I feel folks don’t realise, is it has to actually be a cell phone, whereas shifting or stationary, to be an offence,” Mr Woods stated.
“In concept, what typically makes a troublesome factor is that they (police) might subpoena your cellphone data if you happen to had been on the cellphone to show it later.”
Mr Woods defined the present SA laws round cell phone utilization whereas driving, which states a driver should not use a cell phone until it’s getting used to make an audio name.
“It solely permits an audio cellphone name – I can’t do something with the textual content, e-mail or so on, I’m solely ready to make use of that cellphone to make or obtain an audio cellphone name.”
“In concept, there isn’t a energy to make use of your cellphone for the rest aside from an quaint audio name.”
Mr Woods stated drivers are free to make use of their navigation units and cellphone mounts to make calls, so long as they don’t contact the gadget itself.
South Australian Police have been on a blitz over busy durations guaranteeing street customers aren’t reaching for his or her telephones when there’s treasured cargo within the automobile.
A SAPOL spokesman informed NCA NewsWire unfocused drivers are placing themselves and different street customers in danger.
“No matter whether or not a cell phone has a SIM card or not in on the time of use whereas driving, the motive force continues to be at critical danger of being distracted. That is the intent of the laws. Moreover, cell phones can nonetheless be used with no SIM card reminiscent of when they’re related to a Wi-Fi community,” the spokesman stated.
“If drivers are utilizing a cellular gadget and never targeted on the duty of driving, they’re placing themselves and different street customers at critical danger and could be subjected to an expiation discover within the quantity of $659 and three demerit factors.”
“Whether or not a driver is utilizing a cell phone, sensible gadget, studying a ebook or another motion that takes away from their authorized requirement to drive with due consideration, distraction is among the ‘deadly 5’ and police make no apologies for taking motion towards any driver who is just not concentrating on driving.”
This regulation, which is a part of the Australian Street Guidelines Act, is “ludicrous” in accordance with Mr Woods, because it’s particular nature doesn’t govern the usage of another gadget.
“You see how prescriptive the precise regulation is, they’re attempting to cowl each little bit of it and naturally the expertise hasn’t caught up with that.
“Whenever you make a regulation very prescriptive and attempt to cowl the sector on all the things, you’re going to get so many issues that look ludicrous as a result of they fall outdoors the sector,” Mr Woods stated.
The one different regulation that might govern the utilization of cell phones in motor autos is the Street Site visitors Act 1961, which makes driving with out consideration or care an offence.
“For those who look fastidiously at driving with out due care and a focus, it’s taking your eyes off the street, not paying consideration, and never paying correct care and a focus as a street person. That offence coated it completely for the reason that 60s, and will carry on doing it.
“That enables flexibility within the regulation, and it permits the regulation to be utilized,” he stated.
“What we get is ludicrous legal guidelines like this, like if you happen to’re not parked and also you’re stationary they’re handing out fines left proper and centre.”
“Individuals insurgent towards the regulation as a result of they really feel prefer it’s superficial, they get pissed off with the prescriptive regulation somewhat than making use of it correctly to one thing that’s harmful.”
“What we want is an schooling concerning the reality it’s not simply utilizing your cellphone and texting that’s unhealthy, there must be campaigns about failing to concentrate – whether or not it’s by texting, whether or not its looking for music, consuming a hamburger, attempting to place make-up on – they’re all equally harmful issues to do whereas working a automobile and that’s what the main focus must be on.”
“You justify touching your cellphone as a result of you may legally contact your radio, however the regulation says you may’t as a result of it’s prescriptive.”
“It fails to get the message throughout, to essentially determine what we as society needs to be specializing in. And that’s driving and driving safely, and paying consideration.”
