Enforcing a Cone of Silence: Difficulties with Using Criminal Law to Limit Mobile Phone Use in Vehicles in an Environment of Technological Change

Journal of Criminal Law, 2014

Posted: 9 Jun 2016

See all articles by Alex Steel

Alex Steel

University of New South Wales (UNSW) - UNSW Law & Justice

Date Written: June 8, 2014

Abstract

The offence of using a mobile phone while driving limits the behaviour of a large proportion of the population. Attempts to achieve broad compliance have involved extensive public safety campaigns supported by high levels of police enforcement activity. However, as a summary offence it has been rarely considered by the higher courts. Despite being procedurally summary in nature, it is very complex, and there are significant questions over the correct interpretation of key concepts. Largely, this is due to the difficulty in defining exactly what form of behaviour is prohibited in an environment where technology is rapidly changing. This article provides a detailed analysis of the elements of the offence, highlighting areas of uncertainty and alternative interpretations. It provides a critique of the reliance on technological forms as a way of defining the prohibited behaviour, showing how amendments to the offence have struggled to keep pace with changing technology and driver behaviour.

Keywords: criminal law, mobile phones, technology regulation, summary offences

JEL Classification: K14

Suggested Citation

Steel, Alex, Enforcing a Cone of Silence: Difficulties with Using Criminal Law to Limit Mobile Phone Use in Vehicles in an Environment of Technological Change (June 8, 2014). Journal of Criminal Law, 2014, Available at SSRN: https://ssrn.com/abstract=2792035

Alex Steel (Contact Author)

University of New South Wales (UNSW) - UNSW Law & Justice ( email )

Kensington, New South Wales 2052
Australia

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