The prohibition against use of mobile phone while driving II
Supreme Court judgment 22 October 2020, HR-2020-2020-A, (case no. 20-116249STR-HRET), criminal case, appeal against judgment.
The Public Prosecution Authority (Counsel Åsmund Yli) v. A (Counsel Steinar Jacob Thomassen)
Justices: Webster, Normann, Noer, Bergh, Steinsvik
The penalty for violation of section 31 subsection 1, cf. section 23 b, of the Road Traffic Act, cf. section 2 of Regulations on the prohibition against the use of a handheld mobile phone while driving a motor vehicle, was a fine of NOK 2000, alternatively four days of imprisonment. After having stopped before a red light, the driver took the phone out of the car's centre console, tapped the screen and checked the time. The Supreme Court's majority of three justices found that the Regulations' wording "while driving" according to a natural linguistic interpretation included this situation, as the car during a short stop before a red light is still an active part of the traffic. Other sources supported this interpretation, and policy considerations could not give any other result. The requirement of a clear legal basis in Article 96 of the Constitution and Article 7 ECHR was met. The minority of two justices found that the provision in the Regulations was unclear and thus did not give sufficiently clear legal basis for criminal liability. Dissenting opinions 3-2.