First Apple watch conviction

[Exige77]

http://www.telegraph.co.uk/finance/newsbysector/me...

What will happen here when people start wearing these ?

Is it an extension of a phone ?

Certainly not designed to be viewed or used while driving.

[jkh112]

I wouldn't say they are not designed to be used whilst driving. One of the Apple TV ads shows a woman using hers whilst sat in the drivers seat of a car (the car does seem to be parked though).

[agtlaw]

The Road Vehicles (Construction and Use) Regulations 1986 prohibit driving whilst using a hand-held mobile telephone or a hand-held device (other than a two-way radio) which performs an interactive communication function by transmitting and receiving data.

For the purposes of the legislation, a mobile telephone or other device is to be treated as hand-held if it is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.

If the watch is not hand-held then the mobile phone legislation is not applicable. However, there are other offences which may apply:

- Dangerous driving
- Careless driving
- Not in proper control

Absent unusual facts, 'not in proper control' is the most likely candidate and carries the same penalty as the specific mobile phone legislation; see section 41D Road Traffic Act 1988.

[V8LM]

What's the difference in the law, if any, between this and a BT ear piece?

[joebongo]

I do hope the same happens here. At peak times I estimate 10% of people are using phones. Using a watch is much more fiddly and will take eyes off the road more than a hand held.

[mcford]

A watch will require hand movement to get it into a position where it can be used and seen.

[gforceg]

"...after police spotted him using the gadget to change a song..."

I'm glad they got this bit right.

I must say I really dislike the current mentality that people are entitled to remain "connected" at all times regardless of what they're doing. Just grow up and concentrate.

[Nigel_O]

agtlaw said:

The Road Vehicles (Construction and Use) Regulations 1986 prohibit driving whilst using a hand-held mobile telephone or a hand-held device (other than a two-way radio) which performs an interactive communication function by transmitting and receiving data.

Do walkie-talkies come under the two-way radio exemption?

[Don]

This is certainly interesting. The watch is clearly not hand held. Using it is quite akin to using steering wheel controls or the built-in touch screen navigation unit.

But of course a user could easily be guilty of driving without due care and attention. I have a Watch and there are functions you could use whilst driving safely - but also plenty of stuff that would be way too distracting.

I still think that the Due Care offence is the right way to look at it and these specific offences are bad law - even if they're easier to prove.

[4rephill]

anonymous said:

[redacted]

Clarkson, Hammond and May made plenty of use of walkie-talkies/CB radio's on Top Gear whilst filming various three car challenges in the UK and I don't recall any Police forces looking into prosecuting them for it.

Considering how some Police forces have used Youtube footage to prosecute drivers in the past, I'm sure the Top Gear footage would be pretty damning if it could be used for a prosecution.

(Of course, have an accident whilst chatting away on a walkie-talkie and, exemption or not, it's still going to be taken into consideration for a prosecution, it would simply come under Driving Without Due Care and Attention).

[jodypress]

joebongo said:

At peak times I estimate 10% of people are using phones.

I'd say that's a massive under estimation. More like 50%+

This is going to be an interesting case for sure as smart watch use will most likely explode this year.

[agtlaw]

jodypress said:

I'd say that's a massive under estimation. More like 50%+

This is going to be an interesting case for sure as smart watch use will most likely explode this year.

Not if the police simply prosecute the correct offence from the outset. Section 41D(a) of the Road Traffic Act 1998, Regulation 104 of The Road Vehicles (Construction and Use) Regulations 1986. There's no requirement for anything to be hand held.

On the radio point:

(d)“two-way radio” means any wireless telegraphy apparatus which is designed or adapted—
(i)for the purpose of transmitting and receiving spoken messages; and
(ii)to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

[daveake]

agtlaw said:

(ii)to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

FYI, all the above are GSM (i.e. mobile phone) frequencies, and aren't used by walkie-talkies (446MHz), CB (27MHz) or amateur radio transceivers.

[ging84]

daveake said:

agtlaw said:

(ii)to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

FYI, all the above are GSM (i.e. mobile phone) frequencies, and aren't used by walkie-talkies (446MHz), CB (27MHz) or amateur radio transceivers.

That is the whole point

[hairyben]

how big are these? They look about 30-40mm, that seems like it's even more difficult/distracting to focus on than the 4-5" of a smartphone. plus if the wearing wrist is turned one way to face yourself and the other hand is operating it you're compromising both hands rather than just one...

Sorry slightly O/T and probably covered in depth but out of interest, is operating a smartphone for music or calls via bluetooth using the cars inbuilt touchscreen not necessarily illegal while pressing the phones touchscreen directly is an automatic offence? What if you screw a phone to the dash?

[Pistom]

I thought that if a phone was in a fixed holder, you may operate it?

You can still be convicted of various due care offences but the act of operating the phone is legal if the phone is fixed?

[agtlaw]

Pistom said:

I thought that if a phone was in a fixed holder, you may operate it?

You can still be convicted of various due care offences but the act of operating the phone is legal if the phone is fixed?

Not hand-held, using a mobile phone whilst driving and in proper control of the car = no offence.

Not hand-held, using a mobile phone whilst driving and not in proper control = offence; s.41D(b), or careless driving, or dangerous driving.

[Tomo1971]

agtlaw said:

The Road Vehicles (Construction and Use) Regulations 1986 prohibit driving whilst using a hand-held mobile telephone or a hand-held device (other than a two-way radio) which performs an interactive communication function by transmitting and receiving data.

For the purposes of the legislation, a mobile telephone or other device is to be treated as hand-held if it is or must be held at some point during the course of making or receiving a call or performing any other interactive communication function.

If the watch is not hand-held then the mobile phone legislation is not applicable. However, there are other offences which may apply:

- Dangerous driving
- Careless driving
- Not in proper control

Absent unusual facts, 'not in proper control' is the most likely candidate and carries the same penalty as the specific mobile phone legislation; see section 41D Road Traffic Act 1988.

Thanks for quoting uk law. What about the law where this happened?

[agtlaw]

Tomo1971 said:

Thanks for quoting uk law. What about the law where this happened?

The OP asked what will happen HERE.

[silentbrown]

agtlaw said:

... not in proper control = offence; s.41D(b), or careless driving, or dangerous driving.

Presumably there's nothing magic about phones in that. You could be 'not in proper control' just having a heated discussion with a passenger.

So how is that determined, unless you're swerving from lane to lane or actually hit someone?