Is your smartwatch about to land you six points and a £200 fine?

A third of drivers who use smartwatches at the wheel could be breaking the law without knowing it – and the murky legal situation means many are blissfully unaware of the risk.

New research from the RAC reveals that 34% of drivers who admit to using their smartwatch while driving could be unwittingly breaking the law, thanks to legislation that hasn't kept pace with wearable technology.

The law governing mobile phone use while driving makes it an offence to simply touch a phone while in control of a vehicle, even when stationary in traffic – but what constitutes 'use' of a smartwatch is far less clear.

In theory, clearing a notification while driving could be classed as using a smartwatch and could fall under the offence of using a handheld device behind the wheel which carries a penalty of six points and a £200 fine.

What are drivers actually doing?

Of those who wear smartwatches, 13% admit to interacting with them by touch while driving, 12% use voice commands only and 9% do both. None of them can be certain whether they're committing an offence.

Checking the time is by far the most common action (81%), followed by viewing notifications (50%), checking their location (42%) and making or receiving calls (40%).

Smartwatches are increasingly common too. Four in 10 drivers who drive at least once a month own one – rising sharply to 73% among 17 to 34-year-olds.

What could happen if you're caught?

Even where the handheld device law doesn't clearly apply, drivers aren't off the hook. If a smartwatch clearly distracts someone while driving, they could still be guilty of not being in proper control of the vehicle – an offence that typically results in a £100 fine and three penalty points, with higher fines if the matter goes to court. The more serious offences of careless or dangerous driving could also apply.

"The case of smartwatches is perhaps an example of technology outpacing legislation," warns RAC road safety spokesperson Rod Dennis.

"With so many drivers admitting to using smartwatches at the wheel, lawmakers need to get ahead of this issue and clarify precisely what constitutes 'use' of a smartwatch while driving."

His advice for now is to play it safe and resist the temptation to use your smartwatch at the wheel.

Ask HJ

Is there a new design of speed camera being used?

I've recently noticed several examples of what seem to be a new form of speed camera. It's much taller than those I've become used to, it's yellow, with a pair of yellow cameras at the top and a pair of black boxes about half way up - perhaps the speed measuring gear. I didn't notice any advance warnings of their existence. What's going on?
You may have spotted one of the new Jenoptik VECTOR-SR speed cameras which are currently being introduced at various locations in the UK. Not only do they operate without flashing, but they also capture video and can see inside vehicle, so they can detect offences such as using a mobile phone and driving without a seatbelt as well as capturing speeding offences.
Answered by David Ross
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