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
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: Suggested Citation