Unclear legislation around the use of smartwatches while driving could mean more than a third of motorists (34%) who admit to using them at the wheel are unwittingly breaking the law, a new RAC study has found.
Smartwatches occupy a unique legal grey area, says the RAC. The legislation governing mobile phone use while driving makes it an offence to simply touch a mobile phone while in control of a vehicle, even when stationary in traffic. But what constitutes ‘use’ of a smartwatch is less clear cut.
In theory, clearing a notification while driving could be classed as using a smartwatch and could be covered by the offence of using a handheld phone behind the wheel which carries the penalty of six points and a £200 fine.
While the law does not yet clearly define how the offence of using a handheld mobile device or similar applies to smartwatches, drivers with the devices told the RAC they interact with them in a variety of ways.
Some 13% admit to using a smartwatch by touching it, while 12% use voice commands only – 9% do both, but without further clarity these drivers cannot be sure whether they are committing an offence.
More than half (56%) of drivers with smartwatches use their devices on at least ‘most’ journeys with the remainder using them ‘every now and then’. When it comes to what drivers use them for, checking the time is clearly the most common action (81%), while viewing notifications (50%), checking their location (42%) and making or receiving a phone call (40%) are also popular.
The RAC’s research shows that 40% of motorists who drive at least once a month currently own a smartwatch, rising sharply to 73% among 17 to 34‑year‑olds.
While the definition of ‘using’ a smartwatch while driving might be unclear, the potential for distraction is not, and the law reflects that. If a smartwatch clearly distracts someone while driving, the individual could still be guilty of not being in proper control of the vehicle.
This is an offence which typically results in a £100 fine and three penalty points, with higher fines available if the matter goes to court. The more serious offence of careless or dangerous driving could also apply, so drivers need to be extremely careful with how they use their devices.
Rod Dennis, RAC road safety spokesperson, said: “While it’s currently not clear if using a smartwatch contravenes the handheld mobile device law which carries the penalty of six points and a £200 fine, drivers need to be mindful that being distracted by one is still an offence. Whether that’s a £100 fine and three penalty points or careless or dangerous driving will depend on the seriousness.
“In 2022 the Government introduced stricter rules making any interaction with a handheld mobile phone while driving illegal. Before this, the device had to be being used for communication purposes which made it harder for the police to prosecute.
“The case of smartwatches is perhaps an example of technology outpacing legislation. 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.
“As smartwatch ownership becomes the norm for younger drivers, their use on the road is only likely to grow. This makes it all the more important that legislation and enforcement are clear, consistent and future‑proof.
“The threat of distraction from notifications or calls coming through on your wrist is real and we recommend drivers play it safe and resist the temptation to use them.”
Comment on this story