We take a look at a recent case in the Local Court in Gosford, NSW where the definition of what "use" means was explored, in particular an exception noted in the Road Reg's, that of "passing the body of the phone to a passenger", which is actually permitted. However, each case is always determined on its own facts and circumstances, and in this particular matter, the Magistrate unfortunately did not apply procedural fairness and dismissed the case without exploring all of the evidence properly. No witnesses were required to be give evidence nor be cross-examined. As a result, the matter was appealed and the Supreme Court has now requested the matter be retried in the local court again. Alas, we do not have a result as yet on how far one can 'exploit' or 'use' the exception noted in Regulation 300, that of 'passing the BODY of a phone to a passenger' whilst driving. A space to watch.
https://www.youtube.com/watch?v=dRo4Q0RAHl8
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Posted By Despina Priala
Despina Priala has practised in property and commercial law on the Gold Coast for over 25 years and has extensive experience in this area.
Updated : 15th August 2022 | Words : 0 | Views : 258