Legality of Smart Watches When Driving

Lpwnd on 04/02/2018 - 22:05
Last edited 04/02/2018 - 22:06

Hi guys,
Just thought I would get a group opinion on something I noticed/was thinking about as I drove home tonight.
I have a Samsung Gear Fit 2 because clearly I am an athlete, and I noticed that when I turn the wheel or change gears, sometimes the watch lights up, thinking that I am glancing at it. At night at particular, it's quite noticeable, would easily be visible to other cars driving next to me at night, and could easily be mistaken for a phone screen.
Now I am curious, would it be possible to get fined if I was at the lights and I glanced at my watch to check the time?
Or pressed a button to cycle through the screen options etc?
I don't think anybody previously would have been fined for looking at their watch, but I believe the offence is something along the lines of "using mobile electronic device whilst operating a vehicle" (I just pulled those words out of my ass, so I have no idea what the actual offence is. I could google it, but then that would spoil half of the fun), so technically you could get charged for using almost anything that's electronic and mobile?
Has anybody had any experience, thoughts, wisdom on this?
Just for the hell of it, I will include a poll
Cheers

EDIT
By popular demand, yes I am serious
TL;DR, Can you get fined for checking the time on a smart watch while operating a motor vehicle?

Poll Options

  • 73
    I am a Sovereign Citizen and this countries tyranical laws don't apply to me
  • 25
    Yes you can get fined (I know the specific legislation)
  • 14
    I believe you can get fined (my next door neighbour's friend's sister was fined)
  • 8
    I believe you can not get fined (I was talking to my mate Mick who did legal studies at school)
  • 6
    No you can not get fined (I know the specific legislation)
Automotive

Comments

    • pwnd on 04/02/2018 - 22:08
      +14

      I typed quite a bit of crap up there, so you will have to be a little more specific about which bit I may or may not be serious about

      • [Deactivated] on 04/02/2018 - 22:11
        -2

        Hi Sirius

        [Deactivated] on 04/02/2018 - 22:11 (Collapsed - Offtopic. Show)
      • magic8ballgag on 05/02/2018 - 08:45
        +3

        Ignore them, they are constantly trolling deals/forum threads.

        • [Deactivated] on 05/02/2018 - 11:10
          +1

          He's not a troll, he's trying to drum up brand awareness for his new company. Broden IT

  • [Deactivated] on 04/02/2018 - 22:09
    -1

    TL;DR
    great post, are you serious though?

    [Deactivated] on 04/02/2018 - 22:09 (Collapsed - Offtopic. Show)
    • pwnd on 04/02/2018 - 22:12

      I didn't expect this to be the first point of discussion but have amended the original post to hopefully clarify my state of mind.

  • theHMASfriendship on 04/02/2018 - 22:13

    Any bargains?

    theHMASfriendship on 04/02/2018 - 22:13 (Collapsed - Offtopic. Show)
    • [Deactivated] on 04/02/2018 - 22:14

      Yes cheap eneloop

      [Deactivated] on 04/02/2018 - 22:14 (Collapsed - Offtopic. Show)
      • [Deactivated] on 04/02/2018 - 22:43

        no audi this time?

        • [Deactivated] on 04/02/2018 - 22:43

          Bettime story please. Many thanks

        • [Deactivated] on 04/02/2018 - 22:59
          +1

          @BrodenIt:
          MAYBE TOMORROW

        • [Deactivated] on 04/02/2018 - 23:07
          +1

          @tuzii:

          THANKS YOU ARE AWESOME

        • [Deactivated] on 05/02/2018 - 00:09
          +7

          @BrodenIt:
          ITS TOMORROW! HERE IS STORY

          Once upon a time, not so long ago, there lived a shark named Simon and a dolphin named Dudley. They lived in the ocean, not too far from a beautiful sandy beach, a tall lighthouse, and a dark, murky swamp.

          Now Simon and Dudley knew each other, but they weren't the best of friends! Dudley had two sisters, and they played together and took care of each other, and were very happy in the cool blue water.

          But Simon swam alone, he had no brothers or sisters, and no one to play with, and that made him very grumpy. And so he spent his days swimming lazily, feeling sorry for himself, and just being mean.

          Simon's favorite thing was to attack Dudley and his sisters. He would dive deep in the water, lurking near the bottom, and then, when he saw the dolphins playing near the surface, he would swim as hard as he could toward them and try to bite their tails! But the dolphins always saw him coming, and they would come up out of the water, and stand on their tails, and whistle and giggle, the way dolphins do, and they always managed to keep just out of reach of Simons big sharp teeth.

          I don't think Simon really wanted to catch them do you? Because if he caught them and ate them, well… he wouldn't have any fun anymore. But you never know about sharks, so Dudley and his sisters were always on the lookout for Simon the grump.

          One day, while Dudley was swimming by himself, and Simon was chasing him, they got very close to the shore. Dudley leaped out of the water with Simon right behind him, and they both saw something very strange on the beach. There, leading out of the swamp, were strange tracks in the sand! Dudley stopped swimming, and Simon stopped chasing, and they floated and wondered about the unusual footprints in front of them.

          They had never seen marks like that before! "I wonder if it was a duck billed platypuss?" said Dudley. "I don't think so" replied Simon, "I'll bet it was a Red Breasted Hairy Headed Knee Walker!"

          But since neither of those creatures were seen in those parts very often, they kept on wondering. They thought maybe it had been a Big Bellied Widget Gobbler, or a Black and White Thingy, or perhaps a Hooty Snooty Crawler. But they just weren't sure what had made those funny, large footprints!

          All of a sudden they heard something coming, something was shuffling along the beach. They could almost see it now, it was getting closer and closer, and then, there it was! It was even stranger than anything they had thought of! There, coming at them, getting nearer and nearer was………

          ….a by golly great big green alligator, wearing a funny hat and raggedy overalls! And he was dancing!

          Well, they thought this was the funniest sight they had ever seen, but then, they heard music too! And the music was getting louder and louder, and out of the corners of their eyes they saw…oh, it just couldn't be!

          There, coming out of the swamp, was a frog playing a banjo! And over there, walking towards them up the beach, was a raccoon playing a fiddle! And soon the three strange animals were right in front of Simon and Dudley, and the frog strummed his banjo, and the raccoon fiddled his fiddle, and the great green alligator danced, and they were all having a wonderful time!

          Simon and Dudley were flabbergasted, and befuddled, and they just floated, and watched and listened as the alligator danced to tune after tune. And Dudley clapped his flippers, and Simon applauded with his fins, and they thought they had never had so much fun.

          The music and dancing lasted all afternoon, and the sun was beginning to set when the two musicians and the dancer started to go their separate ways. The frog went back to the swamp, the raccoon trotted off down the beach, and the alligator went into the rocks near the lighthouse.

          The shark and the dolphin watched them go, and were a little sorry that the wonderful show had to end. And as they watched, they thought about what they had seen.

          Simon had been thinking especially hard about what had occured. He had seen three very different creatures getting along well, and being the best of friends. He had seen how happy they were together. And he had seen himself floating side by side with a dolphin, both of them enjoying the same music and dancing.

          Simon thought about how lonely his life was, swimming all alone, with no friends, and being grumpy. He had thought very, very hard about these things. And so, he decided what he must do, and he turned slowly toward the dolphin, and swam very slowly up to him, and began to tell him what he thought.

          The sun was a brilliant yellow as it came up out of the sea the next morning, and the sky was a beautiful shade of blue. And if someone had been standing on the shore, looking out over the water, they would have seen four fins cutting through the waves. They would have seen three dolphins and a shark, but the shark wasn't chaseing Dudley and his sisters, he was playing with them! For Simon had told Dudley how tired he was of being lonely and grumpy. He told him how badly he wanted some friends. And he told him how wonderful it had been to see the frog, and the raccoon, and the alligator, playing and dancing and being the best of friends. And Simon thought that if three creatures as different as those could do it, well, he and the dolphins could too.

          Now they all swam together, and played together, and took care of one another, and were very happy. And once in a while, when the sun and the clouds and the sea were just right, they would be lucky enough to catch a glimpse of the frog, and the raccoon, and the great green alligator playing and dancing in the sand.

          This story was told to me by a Red Breasted Hairy Headed Knee Walker that I know. You may not believe him, but I do. I have never known a Red Breasted Hairy Headed Knee Walker to tell a lie!

          THE END

        • [Deactivated] on 05/02/2018 - 00:10
          +1

          @tuzii:
          THANKS

        • [Deactivated] on 05/02/2018 - 00:10
          +1

          @BrodenIt:
          welcome, good night

        • havebeerbelywillsumo on 05/02/2018 - 02:36
          +1

          @tuzii:

          WOT, no summary!!!!!!!!!!!!!!!!!!!!!!!!

          LOL, thanks

        • pegaxs on 05/02/2018 - 21:17

          @tuzii:

          TL;DR???

        • htc on 05/02/2018 - 23:19
          +1

          @tuzii: I up voted this for the sheer length of the story.

        • [Deactivated] on 05/02/2018 - 23:20

          @htc:
          THANKS <3

        • Yarkin on 06/02/2018 - 14:22

          @tuzii:

          THE END

          You should have gone for the French: FIN

  • Euphemistic on 04/02/2018 - 22:28

    And what about looking at said smart watch because you have a notification? Mine gives a buzz and pops up text messages, emails (or a bit of them) and as I found out, gives me nav notifications. I hopped in a work car I’d previously connected my phone too and the watch buzzed and told me it was 14 min to work and traffic was light. (This blew my mind the first time as it was unexpected and I hadn’t programmed a destination to the nav).

    • pwnd on 04/02/2018 - 22:30

      My issue is it lights up as I drive. I am wondering whether I can potentially get into a situation where I am having to prove my innocence on whether I was using the device at the time.

      • Euphemistic on 04/02/2018 - 22:31

        Same here, but I often look at it to see wether I need to pull over and operate the phone.

        • pwnd on 04/02/2018 - 22:39
          +1

          I actually bought mine because most of the time I am on a motorbike, so I glance at it to see if I need to take a call, etc.

        • coxjon on 04/02/2018 - 22:44

          @pwnd:

          Some in-ear headphones with a mic solve this problem (except on the highway :) )

        • pwnd on 05/02/2018 - 00:00
          +11

          @coxjon:
          I already have those, I use the watch to know which calls to answer when on the bike (work calling while I am (according to my calendar (brackets within brackets within brackets (INCEPTION BIATCH))) in a lunch meeting but am in fact riding half way across town to a sushi place that does $3.30 lunch time plates) and which to ignore (wife calling to ask when I will be home and if I can pick up eight litres of milk, a barely sealed container of sun dried tomatoes and a live chicken and attempt to fit all of these into my backpack).

        • smux on 05/02/2018 - 12:11

          @pwnd: you should download something which will audibly say "Incoming call from BLAH" so you don't have to glance at your watch. I know something like this exists, I just don't know what it's called.

        • TrendyTim on 06/02/2018 - 10:43
          +1

          @zaidoun: iOS 11 does it natively (and you can enable it for Always, Headphones and Car or Headphones Only), i have it turned on (funny it took apple 10 years to add something that my nokia from 15 years ago did), id be surprised if android didn't do it natively as well, the feature is generally called Announce Calls.

        • Nousernamehere on 06/02/2018 - 23:26

          @TrendyTim: It was already on iOS 10 under Phone > Announce Calls. It isn’t something new in iOS 11.

      • myusername on 05/02/2018 - 19:27
        -7

        then why don't you take the necessary precautionary measures?

        you know it's an issue, you realise it is a serious distraction.

        innocence? you are driving a vehicle and not paying attention to the road or your surroundings.

        it's a mobile device you should treat it the same way as you would a phone or tablet in the car.

        of course common sense should prevail, but hey here we are on ozineedtojustifymypoordrivingskills.com

        • pwnd on 05/02/2018 - 20:41
          +3

          sorry what? where do I state that it's a serious distraction?
          I believe I said "it lights up as I drive". So do a lot of other things. My indicators. Traffic lights. Other vehicles' headlights. My VR unit that I use to spice things up. Just because they light up, it does not mean they are distractions.
          If anything, I am stating that I don't want to be fined for it lighting up because I am not being distracted by it, instead am paying attention to the road.
          and we are on www.ozbargain.com.au, not ozinneedtobeheardbecausemyopinionmattersmorethanothers.com or whatever it was you wrote (I stopped reading when I realised that you got the url wrong. how embarrassment) the website name is clearly written at the top of the page. clearly you miss the finer details frequently. you must be a hoot to be around

        • wordplay on 06/02/2018 - 18:09

          @pwnd:

          VR unit while driving??? please tell me its only while stopped at traffic lights.

      • ATangk on 05/02/2018 - 23:32

        The apple watch has a 'cinema' mode. Theres also a driving mode on iOS which i havent tested. It is probably annoying to have to do that but there is probably an option on your watch which can temporarily disable the motion detection feature.

        I admit to having used the watch for gps directions, and replying to messages (dictation). I can see why it'd be classified as outlawed, but the issue hasn't arisen to the stage where action is being taken. But honestly, eating or doing makeup in the car is more distracting than the lighting up, but those cannot get your fined.

        • pwnd on 06/02/2018 - 10:30

          I have a Samsung Gear Fit 2, remember, because I am an athlete and I need my watch to keep track of all the athletic things I do.
          I will see if it has a cinema mode. Being a Gear Fit 2 though, it probably doesn't have something as bland as Cinema mode. Will look for the protein shake break mode and see if anything pops up.

  • coxjon on 04/02/2018 - 22:35
    +2

    I think (might have heard on the news) it’s the same as a mobile phone, as in you can’t operate it. If it has raise to wake I would imaging you can read the time or a notification but the second you touch it, same risk as using your mobile while driving.

    http://www.caradvice.com.au/373368/is-it-illegal-to-use-an-a…

    • pwnd on 04/02/2018 - 22:39

      Cheers for that. That's the kind of specific information I was looking for.

    • deepblonde on 05/02/2018 - 08:23
      -7

      As soon as you touch it? If you are wearing it, you're touching it.

      • coxjon on 05/02/2018 - 08:49
        +5

        Like you’re touching your socks and the shirt on your back… I meant with your finger

  • airzone on 04/02/2018 - 23:23

    Surely you can't be serious.

  • simmos on 05/02/2018 - 08:01

    I guess it depends on how bad the police want to prosecute. It’s probably a grey area because it is possibly not a mobile telephonic device because it doesn’t have a SIM card in it.

    If the definition of a mobile device is any device which has a display for the purpose of receiving or making a telephone call, then you have to prove that your smart watch cannot do such a thing. The burden of proof may be on you.

    I’m wondering whether this has ever been tested in court as the law relies heavily on precedent.

    CB radios are legal to use I believe and they rely on one hand and a finger on the PTT button, so maybe this falls into the same category.

    It’s maybe a little early in tech development for this to be clear.

    Bottom line, if in doubt, don’t do. Then again being lifted for wearing a watch that lights up while driving is a stretch.

    If you are prepared to take a risk, then let the magistrate decide!

  • backpaqer on 05/02/2018 - 08:44

    My smart watch is voice controlled so no need to operate it with fingers.

  • magic8ballgag on 05/02/2018 - 08:47
    +1

    I'm pretty sure there is a law regarding use of smart watches while driving, as I frequently see warning message above the tollway about their use.

  • zambuck on 05/02/2018 - 08:48
    +2

    Not a lawyer, but the Mobile Phone legislation is quite specific about applying to "the body of the phone". As long as the phone itself is either affixed to the vehicle or in a pocket, and as long as you're not a P1 or P2 driver, it reads as though you can use a smart watch legally. I'm sure that's just a lack of foresight in wording of the legislation though.

    Of course, there's always "Driving in a manner or speed dangerous" or other generic dangerous driving provisions that they could theoretically slap you with. Keeping a low profile and driving carefully are always good ideas.

    edit: Addresses this issue by state… http://www.caradvice.com.au/373368/is-it-illegal-to-use-an-a…

  • Ozpit on 05/02/2018 - 09:21

    What about keying in an address on your GPS while driving? Lots of people do that. Surely it's illegal, but I've never heard of anyone being fined for it.

    • [Deactivated] on 05/02/2018 - 09:44
      +1

      Not sure if that is illegal though, because as long as the phone is appropriately affixed to the vehicle by means of a holder you are allowed to use it as a navigation aid.

      • cimrak on 05/02/2018 - 18:18

        Not quite.

        In WA at least, you can use your phone as a navigation aid provided you get everything running before you start driving. Once you're driving you cannot touch the phone regardless if you're using a navigation app or not. Not even to clear a popup alert that is covering the navigation window.

  • [Deactivated] on 05/02/2018 - 11:23
    -3

    I totally detest the use of Phones in cars or any other, but watches that have no sim for verbal communication seems a very grey area, but then again what about these modern cars that have the 7,8,9,10ins distracting screen in the center of the dash that lights up when you have the phone connected via blue tooth, you answer that do you not.
    I've been with taxi drivers that loose concentration when driving, fiddling around pressing buttons to answer a call.
    So why on earth put that in a vehicle for distraction for the driver???

    • OzzyOzbourne on 05/02/2018 - 23:31
      +2

      It's ok as long as the manufacturer has installed the huge distracting multifunction display screen and not you.

  • simmos on 05/02/2018 - 13:32

    I guess the politicians didn’t think through the issues when drafting the legislation. Perhaps they don’t realise that tablets smartphones and the like can be linked together by the likes of Bluetooth, fully enabling them as smartphone emulation devices.

    • OzzyOzbourne on 05/02/2018 - 23:29
      +1

      You could have stopped after the word 'think'

      • Maxxjet on 07/02/2018 - 12:23

        nice one mate!

  • mike001 on 05/02/2018 - 14:16
    +2

    I think he means he pulled this out of his arse, not donkey.

  • myusername on 05/02/2018 - 19:22

    is this another thread clarifying the lack of common sense in the ozbargain onroad community?

    5 star post if this is the case

    • OzzyOzbourne on 05/02/2018 - 23:29
      +1

      Do the police use common sense when handing out fines?

  • ipiok on 05/02/2018 - 22:23
    +3

    Next on ozbargain "is it illegal to turn the volume down on my radio while driving?"

    • entropysbane on 05/02/2018 - 22:38
      +3

      I wouldn't be surprised if the fun police and those that MUST CONTROL EVERY ASPECT OF OTHER PEOPLES' LIVES will get around to that soon enough.

  • djmm on 05/02/2018 - 22:54
    +2

    Is the car A200?

    • h4zey on 06/02/2018 - 09:09

      but it's Merc

    • pwnd on 06/02/2018 - 10:33

      You think the OzBargain life is a game? It's a 1999 Jeep Cherokee diesel that I bought for $1500.

      • djmm on 06/02/2018 - 11:43

        Should've bought top of the range A200 AMG M Sport GTS..

        • Briefcase Mong on 06/02/2018 - 11:45

          But it was cheap couldn't resist

  • OzzyOzbourne on 05/02/2018 - 23:27

    Interesting question, I have thought the same….the law classes a mobile phone as any device which can take a sim card (and hence connect to a phone network). I have the Samsung gear s, the early square watch, which can be fitted with a sim card.
    Is it technically illegal to wear this watch whilst driving (as it's classed as holding a phone) or to look at it?
    If I crash whilst wearing it, would my insurance be invalid?

    • aussieprepper on 06/02/2018 - 05:10

      Just don't crash while watching tiny porn and you should be okay lol.

      At least if you're in peril you can delete your browsing history easy lol.

  • Finde on 05/02/2018 - 23:44
    +2

    I do not know what state you are in but legality around smart watches are explained on the vicroads website for Victoria. There's a section just for them.

    https://www.vicroads.vic.gov.au/safety-and-road-rules/driver…

  • fastnbulbous on 06/02/2018 - 01:32
    +2

    Pretty sure it's ok, as long as you look like an athlete.

  • [Deactivated] on 06/02/2018 - 08:36

    This articles is now 2 ½ years old but it may still be useful.

    http://www.caradvice.com.au/373368/is-it-illegal-to-use-an-a…

    EDIT: Already posted by another user.

  • Munki on 06/02/2018 - 14:46

    Yeah nah maybe.

  • abb on 06/02/2018 - 15:34
    +2

    https://www.legislation.nsw.gov.au/#/view/regulation/2014/75…

    300 Use of mobile phones

    (1) The driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked, unless:

    (a) the phone is being used to make or receive an audio phone call or to perform an audio playing function and the body of the phone:
    (i) is secured in a mounting affixed to the vehicle while being so used, or
    (ii) is not secured in a mounting affixed to the vehicle and is not being held by the driver, and the use of the phone does not require the driver, at any time while using it, to press any thing on the body of the phone or to otherwise manipulate any part of the body of the phone, or

    (b) the phone is functioning as a visual display unit that is being used as a driver’s aid and the phone is secured in a mounting affixed to the vehicle, or

    (c) the vehicle is an emergency vehicle or a police vehicle, or

    (d) the driver is exempt from this rule under another law of this jurisdiction.

    (2) For the purposes of this rule, a mobile phone is secured in a mounting affixed to the vehicle only if:

    (a) the mounting is commercially designed and manufactured for that purpose, and

    (b) the mobile phone is secured in the mounting, and the mounting is affixed to the vehicle, in the manner intended by the manufacturer.

    (3) For the purposes of this rule, a driver does not use a phone to receive a text message, video message, email or similar communication if:

    (a) the communication is received automatically by the phone, and

    (b) on and after receipt, the communication itself (rather than any indication that the communication has been received) does not become automatically visible on the screen of the phone.

    (4) In this rule:
    affixed to, in relation to a vehicle, includes forming part of the vehicle.
    audio phone call does not include an email, text message, video call, video message or other similar communication.
    body, in relation to a mobile phone, means the part of the phone that contains the majority of the phone’s mechanisms.
    held includes held by, or resting on, any part of the driver’s body, but does not include held in a pocket of the driver’s clothing or in a pouch worn by the driver.
    mobile phone does not include a CB radio or any other two-way radio.

    use, in relation to a mobile phone, includes any of the following actions by a driver:

    (a) holding the body of the phone in her or his hand (whether or not engaged in a phone call), except while in the process of giving the body of the phone to a passenger in the vehicle,

    (b) entering or placing, other than by the use of voice, anything into the phone, or sending or looking at anything that is in the phone,

    (c) turning the phone on or off,

    (d) operating any other function of the phone.

    • abb on 06/02/2018 - 15:41

      Assuming the smartwatch is classified as a mobile phone (it can be used to make calls right?), it seems likely that having it strapped to your wrist should count as (but is not explicitly described as) being "not held", on the basis that a strap is substantially equivalent to a pouch.

      I think you're likely OK as long as you don't touch the screen/buttons.

      But note that text messages that display on screen are illegal. Notification "you have messages" is OK.

      I'm not your lawyer, I'm not a lawyer at all, this is not legal advice, yadda yadda.

    • eagleanthony on 06/02/2018 - 21:43
      +1

      The only correct answer

  • gmail92 on 06/02/2018 - 16:40
    +3

    "I have a Samsung Gear Fit 2 because clearly I am an athlete"

    lol.

  • Randxyz123 on 06/02/2018 - 17:35
    +2

    I have a Apple Watch. If I look at the time on my watch and got pulled over for it, I’d ask them to prove I was touching anything and just not checking the time.

  • nobarginsarehere on 06/02/2018 - 20:29

    You shouldnt do anything else but drive when in charge of a vehicle

    This is why we cannot have autobahns

  • belongsinforums on 06/02/2018 - 21:39

    I have a smart watch. I have a car… Smart watch car 🚗

  • sajidmib on 07/02/2018 - 12:45

    FFS… just drive the car i if u get home u get home else that was it for smartwatch and the car :)

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