Konrad Gordon Gallaher has escaped a hefty fine of AUD 1,078 (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. The Queensland Transport Minister called the verdict “unusual”.
Gallaher was caught behind the wheel with an iPhone 6 in hand. In the Australian state of Queensland, there is a fine of 700 euros and will also cost you four points on your Australian driver’s license that works with points. Even if you’re standing in a traffic jam or at a red light.
Gallaher, who represented himself in court, managed to convince the judge that his iPhone was not a cell phone at the time of the infringement, as it had no SIM card in it. The driver had another mobile phone in the car and it was neatly handled hands-free. He used the iPhone as a portable music player, say as an iPod. He couldn’t text or make phone calls with it.
Judge Dzenita Balic went along with the argument and was also of the opinion that the iPhone did not fall under the definition of a mobile phone at that time. She therefore acquitted Gallaher. She did add that Gallaher’s behavior in traffic was as dangerous as using a cell phone.
Queensland Transport Minister Mark Bailey said the verdict was “unusual” and pointed out that the aim of the law was to prevent “drivers being distracted” while driving, which the judge said was the case. He plans to close any gaps in the law.
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