Do you use a smart watch while driving?

It will cost you dearly

So everyone knows that using a cell phone while driving is dangerous, forbidden and there is also a hefty fine for those caught.

But what happens if you peek or fiddle with the clock?

Oh, good thing we asked

Kenan Cohen

09/22/2022

Thursday, September 22, 2022, 06:29 Updated: 07:12

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In the video: documenting the activity of the undercover police car that catches texting drivers (photo: Yotam Ronan, editing: Tal Reznik)

In recent years, smart watches linked to the mobile phone have come into more and more widespread use, when they allow actions such as viewing and replying to messages, receiving and outgoing calls, receiving "pushes" from websites, email and other actions without the need to hold the mobile phone. The fact that the device is worn on the wrist The hand and is very available for a glimpse especially when holding the steering wheel poses a difficult challenge when the sound of the incoming message or the push appears on the screen.

And if someone thinks that the fact that the law does not refer specifically to the watch but only talks about a mobile phone, exempt him from facing a fine may find himself with an argument Very weak, since using a smart watch while driving involves a violation of two traffic regulations, rule 21(c) of careless driving and rule 28 prohibiting the use of a mobile phone while driving.

"But I didn't take my hands off the wheel" is not an acceptable excuse (photo: Walla! system, Yanon Ben Shoshan)

Adv. Assaf Varsha, expert in insurance, tort and traffic law: "In light of the fact that this is a relatively new product, the legislator did not refer to the offense of using it while driving, but the Israel Police has a number of laws at its disposal, which amount to a violation of them: the first is Offense of not holding the steering wheel with both hands: Rule 28 of the Traffic Regulations states that every driver is required to hold the steering wheel or handlebars in his hands as long as the vehicle is in motion.

Therefore, turning on a wristwatch while driving is a violation of the law.

Admittedly, in the same section of the regulation, the legislator states that despite the aforementioned obligation, the driver may remove one hand from the steering wheel or the handlebars if he has to do something with it to ensure the proper operation of the vehicle or to comply with the traffic rules, but the operation of the watch does not meet this definition.

This is an offense that is defined as a choice of trial, meaning that a driver accused of committing this offense can choose whether he wants to pay the fine imposed on him by the policeman, or whether he chooses to make his voice heard and be tried in the traffic court.

But as long as it is about reading messages without contact, the driver can claim that he did not remove his hands from the steering wheel, and therefore no offense was committed here.

On this, Adv. Varsha continues to explain the second regulation relevant to the issue.

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"Rule 21(c) of the traffic regulations states that: "A person shall not drive a vehicle recklessly or carelessly, or without sufficient attention considering all the circumstances and among others the type of vehicle, its cargo, the method of its brakes and their condition, the possibility of a comfortable and safe stop and distinguishing between traffic lights, signals policemen, in the movement of passers-by and in any object that is on the surface of the road or near it and in the condition of the road." In fact, this is a 'basket regulation', which can be interpreted broadly, which can be attributed to a long list of situations. The expected punishment in case of a conviction is a fine of NIS 500 and accumulating 6 points for the driver's duty."

In other words, even without removing the hands from the steering wheel, the police have the option of treating the operation of a wristwatch as a reckless driving offense - "it is a more serious offense" says the Warsaw attorney "which will result in a summons to court".

You touched - you paid.

But the use of the smart watch is problematic in another sense besides the legal one (photo: Walla! system, Mikey Levy)

The ceaseless pursuit between the legislator and technological developments that enable different applications of devices is a never-ending process.

One that each time presents a different dilemma to the citizen, the policeman, the judge and the legislator.

However, they often miss the idea behind these laws - to prevent or discourage the use of distracting accessories while driving.

Do us all a favor, with a watch or cell phone and even while using the speakerphone - while the vehicle is moving put your hands on the steering wheel and your head while driving - everything can wait for the traffic lights or the gas station, and for what not - look for a safe stopping place.

And nothing is worth the price you might pay for the moment you don't notice that the traffic light has changed to red, the child stepped onto the road or a driver decided to enter the intersection.

• vehicle

• Law and insurance

Tags

• smart watch

• driving

• Traffic violations

• police