iPhone “is not a mobile phone”

iPhone “is not a mobile phone”

When is a phone not a phone? That was the question before the Queensland judge. (Source: Getty)

A Queensland man avoided using his phone while driving big fine. the reason? His iPhone was deemed “not a mobile phone” because it couldn’t make calls.

Conrad Gordon Gallagher has argued in Southport Magistrates Court that the iPhone is not a mobile phone because it does not have a SIM card in it.

Gallagher, who represented himself, told the court that he had two devices in the car at the time – his mobile phone which was so installed on its dashboardand the iPhone 6, which he was using as a “portable music player”.

Gallagher claimed that the iPhone “has no mobile phone functionality” and cannot send or receive messages.

After considering the evidence, Judge Dzneta Palic said the device was “aesthetically” an iPhone but did not fall under the legal definition of a mobile phone.

So the mobile phone should acquire its natural meaning. Palic said in her judgment.

“Reasonable minds may differ as to the display and usability of the device but in my opinion, given the nature of the evidence, this mobile was not timely.”

Balick found Gallagher not guilty, but noted that using the iPhone as a music player was also dangerous.

“I must add, for me, that Mr. Gallagher’s use of this device was just as dangerous as using a mobile phone,” Balich said.

In Queensland, using a mobile phone while driving results in a $1,078 fine and four penalty points. It applies even if you use your phone while stopping at traffic lights or when you stop in traffic.

However, you are allowed to touch your mobile phone for hands-free use, the Queensland government says on its website. For example, if the phone is in a cradle, you can use it hands-free to skip a song.

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