Taking a phone call through Apple Watch while driving

Taking a phone call through Apple Watch while driving

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Discussion

Dr Mike Oxgreen

Original Poster:

4,119 posts

165 months

Friday 13th January 2017
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Several times my phone has rung whilst I've been driving, and my Apple watch invites me to accept the call through it. I've tried it once or twice (not whilst driving) and it works quite well, although you do feel a bit of a prat talking to your wrist.

What is the legality of accepting an incoming call through the watch whilst driving?

AIUI, the law forbids using a handheld phone whilst driving. But the watch isn't "handheld" - it is strapped to my wrist. It merely takes a single tap on its screen to answer a call, so not much different from operating other car controls.

Every time it has rung I've thought "I could probably answer that", but I haven't. Could I?

agtlaw

6,712 posts

206 months

Friday 13th January 2017
quotequote all
If you remain "in proper control" then fine to answer the call.

Dr Mike Oxgreen

Original Poster:

4,119 posts

165 months

Friday 13th January 2017
quotequote all
agtlaw said:
If you remain "in proper control" then fine to answer the call.
Marvellous. Thanks!

Dog Star

16,132 posts

168 months

Friday 13th January 2017
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I thought the legislation was for hand held mobile phones. It's a watch.

kowalski655

14,640 posts

143 months

Friday 13th January 2017
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No different from speaking into a speaker via bluetooth surely? I presume you use the phone's speaker when it is in a cradle

Morningside

24,110 posts

229 months

Friday 13th January 2017
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Interesting question. I thought I would have a look about. Seems some people have been prosecuted and read this.

http://www.autoexpress.co.uk/car-news/consumer-new...

And yet I can use my ham radio without penalty smile

vonhosen

40,233 posts

217 months

Friday 13th January 2017
quotequote all
Morningside said:
Interesting question. I thought I would have a look about. Seems some people have been prosecuted and read this.

http://www.autoexpress.co.uk/car-news/consumer-new...

And yet I can use my ham radio without penalty smile
That's not prosecuted for the separate offence of using a hang held device, it's the offence of failing to be in proper control.

With the mobile phone offence (which the the watch doesn't satisfy) it needs to be hand held (which it won't be) & being used. The prosecution not have required to show any ill effect in your driving because of the use.

With the failing to be in proper control (which can apply to anything i.e. eating, mobile phone, ham radio etc etc) the prosecution will need to show there was some ill effect (i.e. running wide taking a corner etc etc).

As agt said 'provided you remain in proper control' not a problem legally.
The research evidence however suggests that it's the call that makes your driving suffer rather than it being hand held or not.

bad company

18,576 posts

266 months

Friday 13th January 2017
quotequote all
vanhosen's comments seem spot on.

I would just add that the chances of being caught while talking on a watch are so minimal as to be negligible. There aren't enough plod to catch drivers talking on phones never mind having a conversation with their wrists.

KevinCamaroSS

11,635 posts

280 months

Friday 13th January 2017
quotequote all
Firstly the number of police on the roads these days is insanely low (hurrah). Secondly the number of people driving around with mobile phones glued to their heads seems to me to be just as high as it used to be. (booo).
Why hurrah? I would far rather have more traffic police.

DELETED: Comment made by a member who's account has been deleted.
Really do you know how many have degrees? Or have you not noticed the proposal that all new recruits must have a degree (or study for one)?

BTW I am not a policeman or connected to the police service in any way.

99dndd

2,084 posts

89 months

Friday 13th January 2017
quotequote all
KevinCamaroSS said:
Really do you know how many have degrees? Or have you not noticed the proposal that all new recruits must have a degree (or study for one)?

BTW I am not a policeman or connected to the police service in any way.
I know plenty of people with degrees who could be described as "not the sharpest tool in the shed."

I agree with others that it's the call itself rather than the handheld device that's the real problem. Having a conversation with someone you can see takes more concentration than you'd think.

clockworks

5,363 posts

145 months

Friday 13th January 2017
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Is one of the new degrees in policing going to be a "proper" degree, or are they doing the same as they did with new nurses - make them take a degree, and pay for it out of their own pocket, rather than get trained and paid on the job.

akirk

5,390 posts

114 months

Sunday 15th January 2017
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Law is here: http://www.legislation.gov.uk/uksi/2003/2695/made
As above, refers to hand-held...

The Apple Watch would certainly meet the criteria in terms of device...
definition of hand held is if it at some point in the call needs to be held...

So it would all come down to whether being on your wrist is being held by you...
(Could you strap the iPhone to your wrist and use it legally?)

However according to this DfT confirmed back in 2014 that you could well be prosecuted:
http://www.autoexpress.co.uk/car-news/consumer-new...

However, presumably not under that law?

Can see it changing and being excluded... ultimately we have a duty to drive carefully if it is no less distracting than the radio, where is the issue, if it is, then don't use it!