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Legal to use Apple Watch while driving - for now

Cape Town – South Africans eager to use their new Apple Watch can use it while driving – at least for now.

In South Africa, the Road Traffic Ordinance Regulation 308A prohibits a “mobile telephone or any other communication device” while driving. The regulation does allow for mobile devices to be “affixed” to the vehicle.

Wearable tech, though, falls into a legal grey area.

“Currently legislation does not make provision for such device and the use thereof does not constitute an offence as the device are not being used under (1)(a) [of Regulation 308A],” Kenneth Africa, Chief Directorate of Traffic Management in the Western Cape Department of Transport and Public Works told Fin24.

Distracted drivers

That view differs to Arrive Alive’s advocate Johan Jonck who told Wheels24 recently that drivers ought to keep their hands on the steering wheel.

"We have too many reckless drivers on our roads to keep our attention away from driving defensively – we will plead with road users not to 'use' any of these devices while driving – whether it is to communicate or whether it is to do anything else such as browsing the internet,” he said.

Officials told Fin24 that the issue also centres on the definition of a smartwatch as a communication device which could potentially distract a driver.

“The issue is if an Apple watch or similar communication device is covered by the definition in the National Road Traffic Act,” mayoral committee member for Safety and Security, Alderman JP Smith told Fin24.

“If it is, then the other matter is whether it affects the behaviour of the driver. If it does not, it is unlikely that an officer would be able to detect that a motorist was communicating and holding the communication device,” he added.

Researchers at the University of Utah found that in-car technologies such as hands-free kits and voice activation led to drivers being distracted for up to 27 seconds following the use of these tool.

Exercise caution

But drivers would be well-advised to exercise caution when using wearables as officials seek to determine the legal impact on the road.

“Traffic Management will first need to obtain an official legal opinion and this will be communicated to all official via the official communication structures,” said Kenneth Africa.

While it was relatively easy for traffic officers to spot drivers who are using their smartphones, newer technologies are making it harder for those who break the law to be brought to book.

"Smartwatches are more troubling from a legal perspective," specialist technology attorney Russel Luck told Fin24.

"They pair with the user's mobile phone and provide communication features like e-mail and text messaging. In order to use these features drivers would have to take their eyes off the road and use at least one hand to operate their smartwatch," Luck told Fin24.

What do you think of smart watches while driving? Let us know

Watch this online video to see how the Apple Watch works with an iPhone:

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