Using a smartwatch while driving may get you into trouble, but without specific legislation, there is a worrying lack of clarity around what a driver can and cannot do with this fashionable new gadget.
Recently published research, conducted by Online95 on behalf of the RAC, indicates that 40% of drivers who drive at least once a month own a smartwatch. For drivers aged 17-34, that figure rises to 73%.
The law around hand-held phones is much more specific. Under the old legislation, the police had to prove that the driver was using the phone for communication. Changing your playlist or browsing an online shop may not be communication, but it is highly dangerous. The law was thoroughly updated in 2022. So, does the new legislation on mobile phones also apply to smartwatches?
While the answer to that is far from clear, being distracted by a smartwatch while driving would constitute not being in proper control of the vehicle, which typically attracts a £100 fine and 3 licence points (compared to £200 and 6 points for using a hand-held phone.) If the watch distracts a motorist to the point of driving without due care and attention, the penalties could be very much higher.
This is an instance of the law lagging behind the technology, and perhaps the legislation will be updated and clarified. Until then, drivers would be well advised to ignore their devices, keep safe, and focus on the road ahead.
If you are being investigated for careless driving, solicitors at Auriga Advocates can provide you with accurate legal advice and quality support. Talk to us today, and let’s see if we can help you as your case moves forward.