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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.

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LEGAL STUDIES EXAMINATION

LEGAL EXAMNovember 12th, 2019
6 months to go.

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