As discussed in our previous blogs (Part 1
/ Part 2
), if a person is caught using an Apple watch whilst driving and is not telling the time, the police will gain a successful prosecution for using a mobile phone in the following circumstances:
The definition of the offence reads 'a person who drives a motor vehicle on a road whilst using a hand held mobile telephone or other device'. It is deemed to be hand held if it is actually held or must be held at some point during the course of making or receiving a call, or performing 'any other interactive communication'. So the police will no doubt use an Apple convert as a test case.
If it can be proved that this someone was sending or receiving a text or an email and they were checking this function on their watch this may well gain a conviction. If you would like more information on prosecutions for using a smart watch whilst driving please contact Pete Dodd, Partner in our Motoring, Regulatory and Transport Team on 01279 755777.