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Konrad Gordon Gallaher escaped a heavy fine of 1,078 Australian dollars (700 euros) because he was able to prove in court that his iPhone could not be considered a mobile phone at the time of the traffic violation. Queensland’s transport minister called the verdict “unusual”.
Gallaher was caught driving with an iPhone 6 in his hand. In the Australian state of Queensland, this results in a €700 fine and also costs you four points on your Australian driving license (which works with points). Even if you stop in a traffic jam or at a red light, with your phone in your hand, you are in violation.
No SIM card
Gallaher, representing himself in court, managed to convince the judge that his iPhone was not a cell phone at the time of the offense, as it did not contain a SIM card. The driver had another cell phone in the car, which was perfectly manageable in hands-free mode. He used the iPhone as a portable music player, say as an iPod. He couldn’t text or call.
Acquittal
Judge Dzenita Balic agreed with the argument and was also of the opinion that the iPhone did not fall under the definition of a mobile phone at that particular time. She therefore acquitted Gallaher. She added that Gallaher’s behavior in traffic was as dangerous as using a cellphone.
Minister wants to close the gap
Queensland Transport Minister Mark Bailey called the decision “unusual” and stressed that the purpose of the law was to prevent “a driver from being distracted” in traffic, which the judge said , was indeed the case. It intends to fill all the gaps in the law.
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