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(Nettavisen) The Supreme Court will now deal with two cases in which motorists have been fined for using a mobile phone while driving.
The two motorists did not accept the fines, because they believed that mobile phones were not used “while driving.”
A motorist was confirmed in district court and in the court of appeals. The prosecution has appealed the cases to the Supreme Court, where they will now be processed.
Attorney Jan Kildahl tells Nettavisen that the second case is on its way to the Supreme Court. There, the driver lost in district court but won in appeals court. The prosecution has appealed to the Supreme Court, but no decision has been made on whether that case will be prosecuted or rejected.
What is “while driving”?
– It is not surprising that the prosecution has appealed the case, when they have held the same position in the district court and in the court of appeal. We are aware that the fact that this is a crime is dealt with daily by the police, of which my client has been acquitted in two rounds, says Kildahl.
The heart of the dispute is when a car is “while driving” and therefore a mobile phone cannot be used.
The regulation that prohibits the driver from using a handheld mobile phone while driving a motor vehicle establishes that it is not allowed to use a mobile phone “while driving without it being hands-free or placed on a fixed support in the vicinity of the steering wheel.”
Kildahl’s client had his mobile phone in the passenger seat, but believes he used it while the car was stationary and not while driving. Both the district court and the court of appeals base the following incident on:
Stand still with the engine off
“His mobile phone was loose on the passenger seat. At one point, the tail went completely still. The defendant then brought the car to a complete stop and the engine shut down due to the car’s automatic start / stop function. The car was completely stopped, the defendant lifted the mobile phone from the passenger seat with his right hand. She looked at the phone to unlock it using its facial recognition function. Then she glanced at the tail, which was still completely still. Then she touched an icon of message on the phone screen to write a message about the delay. However, then she noticed that the queue was starting to move and she left the phone on the passenger seat before starting to drive again. The period in which the car was completely stopped lasted about a minute “.
Therefore, the police believed that she was using her mobile phone while driving and fined her. The court has so far ruled that the woman did not use her mobile phone “while driving.” The Supreme Court will now make a final decision on what will be defined as “while driving.”
Text in red light
– The second case is exactly the same. Then the person stopped at a red light. I think very few people consider it “while driving” when stopped in a row or at a stoplight. I think many have taken the opportunity to text home and tell them they are late for dinner, says Kildahl.
If the Supreme Court reaches the same conclusion, then there are many Norwegians who may have paid a fine and received two points on their driver’s license for something that is not illegal.
