Mobile phone GPS: P-plater loses court battle over a very common driving habit

Australia
By William

By Pranav Harish for Daily Mail Australia

Published: | Updated:

A P-plater has lost her driving license after being fined for using her mobile phone as a GPS.

Chiqui Eseque was stopped by NSW Police on May 20, 2022, after officers noticed her car's headlights were not turned on.

Officers noticed her phone was placed in a hands-free phone holder in her car and a map was displayed on the screen.

Learners and provisional driver's license holders are not allowed to use their phones at all while driving under NSW law, even if it is just for directions.

The law catches many drivers because there are no restrictions on drivers with an L and P plate using a GPS device on the dashboard.

A P-plater has lost her driving license after being fined for using her mobile phone as a GPS

Eseque was accused of using a cell phone while driving.

However, she fought the charges arguing that she was only using the phone for directions and that there was no SIM card in the phone.

Magistrate Hugh Donnelly found Eseque not guilty of the charge as the phone could not make or receive calls as it was not connected to a mobile network.

“I think in this case I have to accept that the definition of a mobile phone can simply be nothing, there has to be some limitation on what the expression means,” Magistrate Donnelly said.

'This is a case where there were indications on the phone itself that there was no SIM card present.'

However, the ruling was overturned after the Office of the Director of Public Prosecutions (DPP) appealed the decision in December, taking the case to the NSW Supreme Court.

Judge Monica Schmidt ruled last week that Eseque broke the law, even though the phone did not have a SIM card.

Learners and provisional driver's license holders are not allowed under NSW law to use their phones at all while driving, even if it is just for directions

Learners and provisional driver's license holders are not allowed under NSW law to use their phones at all while driving, even if it is just for directions

“No communication ability is required for a user to be able to view everything that can be displayed on such a telephone, as the rules recognize,” Judge Schmidt said.

“It cannot sensibly be concluded that a mobile phone becomes a mobile phone only when a SIM card is inserted into it, and ceases to be a mobile phone when such a card is removed.”

Eseque was ordered to pay the DPP's costs.

Drivers in NSW could be fined $387 and lose five demerit points for illegal use of a mobile phone.

Penalties for illegal cell phone use while driving in your country

Most states and territories do not allow learner, P1 and P2 drivers to use a mobile phone under any circumstances.

Motorists can only use a mobile phone if it is secured in a phone holder or can be used hands-free.

Drivers in NSW who are fully licensed can only use a mobile phone if it is hands-free or in a phone holder.

Motorists in Victoria face a $545 fine and loss of four demerit points for illegal use of a mobile phone.

Those in Queensland face a huge $1,161 and a loss of four penalty points. Learner and P1 drivers under the age of 25 are not allowed to use a mobile phone in the sunny state under any circumstances.

Drivers in South Australia will lose three demerit points and could be fined $540 for illegally using a mobile phone while driving. Learner and P1 drivers can receive on-the-spot fines for the violation.

Drivers in Western Australia face a $500 fine and a loss of three demerit points if they are caught touching or holding a mobile phone that is not attached to a phone holder. They face a $1,000 fine for sending a text message, photo, email or social media post and a loss of four demerit points for the offense.

Motorists in the Northern Territory face a $500 fine for using a portable mobile phone.

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