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Smart Watches & Mobile Phones
Atomic Tomato
post Sat, 15 Feb 2020 - 20:41
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I understand, I think, the law regarding the use of hand held mobile phones whilst driving. (I believe the meaning of the word "driving" in this context has not been tested in court?)

What I am unsure about is whether a smart watch, which is being worn rather than held, can legally be used to answer a call or read a text whilst driving? Replying to a text on the watch whilst the vehicle is in motion, in my opinion, would be stupid. But are these actions legal?
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post Sat, 15 Feb 2020 - 20:41
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cp8759
post Sat, 15 Feb 2020 - 21:08
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Replying to a text would likely fall under not being in proper control. Answering a phone call is more ambiguous but as criminal statutes must be narrowly constructed, it is clearly arguable that a watch is not hand held for the purposes of the regulation. After all, your hand is still free to hold the steering wheel, change gear etc...


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andy_foster
post Sun, 16 Feb 2020 - 11:39
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As always (except in cases where the wrong offence has been charged), there are 2 largely separate questions - is the offence of driving whilst using a hand-held mobile phone committed, and is some other offence committed.,

The second question almost invariably depends on factors not disclosed by the person asking the hypothetical question.

Is it a specific offence to use a smart watch while driving? No.
Is it legal to use a smart watch while driving? Depends.

You might as well ask whether or not it is legal to drive whilst wearing a red jumper. If it categorically is then I don't need to worry about speed limits, drink drive limits, or traffic lights as long as I remember to wear a red jumper.


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Some people think that I make them feel stupid. To be fair, they deserve most of the credit.
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speedfighter23
post Sun, 16 Feb 2020 - 12:00
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I think you would be charged under driving without due care and attention if a police officer sees you playing with your watch too much while driving as you would be distracted, but obviously they would have to see you doing this! Good luck with an angry cyclist trying to prove that with their helmet cams.


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