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Cape Town - As South Africans turn to using wearable technologies while driving, an expert says law enforcement may struggle to decide on how to proceed.
Google Glass has already caused concern among enforcement agencies in the US.
And while South Africans are prohibited from using phones while driving their cars, new technologies muddy the waters.
"It's not clear how the law would treat wearable mobile technology like Google Glass or smart watches. Road Traffic Ordinance Regulation 308A prohibits a driver from holding a mobile phone or communication device in one or both hands or with any other part of their body while driving," Russel Luck, a specialist technology attorney at Michalsons Attorneys, told Fin24.
However, he added that "S1 (b) provides an exception where a driver uses 'headgear' that enables them to operate their vehicle so they are not in contravention of the above prohibitions".
Because Google Glass is voice operated, it may mean that it escapes prohibition behind the wheel, despite the fact that it is a communication device.
Laws
However, a traffic official may judge that a driver has been distracted if, for example, a driver has been navigating using a map in a smart eye-wear device.
This lack of concentration could put drivers at odds with the law. South African Regulation 308A specifically describes headgear as it pertains to drivers.
"For the purposes of this regulation - (a) the word 'headgear' includes for the purpose of this regulation a device which is specially designed or adapted to allow the driver to use a cellular or mobile telephone or other communication device in such a manner that he or she does not hold it in one or both hands..." it says in part.
Proposed laws in the US states of Illinois and Maryland have moved to ban head-mounted computers while driving. But these laws stop short of including other smart wearable devices.
Californian Cecelia Abadie won a case after she was given a ticket for wearing the gadget while driving. She argued that there was no evidence that she was using the device.
In the UK, police have warned that Google Glass wearers will be penalised, regardless of whether the device is turned on or not.
While some may argue that given the price of Google Glass, it won't be a priority for South African law enforcement, a number of cheaper wearable technologies are making their way into the consumer market.
Implementation
"Smart watches are more troubling from a legal perspective. 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 smart watch," said Luck.
Samsung, Sony, LG and TomTom all have smart watches for sale in SA at various price points and the biggest challenge to law enforcement is how the regulations will be applied in practice.
"The decisive factor will be how South African traffic services enforce these provisions in practice," said Luck.
In the Cape Town in 2011, Mayoral Committee Safety and Security member JP Smith insisted that drivers who were spotted talking on their cellphones would have the devices confiscated.
While there was an effective media campaign behind the campaign which promised a R1 140 impound fee in addition to the fine, a cursory observation in Cape Town reveals that many drivers continue to use their cellphones while driving - and often in full view of law enforcement officials.
Watch this online video on how a user drives with Google Glass.
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