STATUTORY INTERPRETATION

The Supreme Court of New Jersey has just handed down a ruling that has attracted worldwide attention. The court found that in some circumstances a texter sitting at home can be held civilly liable for a car crash. Could and should this happen in Australia?

THE VICTORIAN LEGISLATION

Fully licensed car drivers

Using a mobile phone while driving is prohibited, except to make or receive a phone call or to use its audio/music functions provided the phone:

• is secured in a commercially designed holder fixed to the vehicle, or
• can be operated by the driver without touching any part of the phone, and the phone is not resting on any part of the driver’s body.

Using a phone as a navigational device/GPS while driving is prohibited unless it is secured in a commercially designed holder fixed to the vehicle. All other functions (including video calls, texting and emailing) are prohibited.