Mikey Campbell
An Apple Watch owner in Quebec was recently fined $120 for operating his wrist-worn gadget while driving, sparking debate as to whether traffic law should consider smartwatches handheld devices, and thus prohibit their use, or Bluetooth accessories.
Apple Watch user Jeffrey Macesin was pulled over by the Surete du Quebec and slapped with a $120 ticket and four license points for operating his new smartwatch while in the driver's seat, reports CTV Montreal.
Macesin claims he was using Watch's built-in Music app to remotely change songs on a linked iPhone that was piping audio into his car stereo via an auxiliary cable.
The ticket cited Section 439.1 of the Quebec Highway Safety Code, which reads, "No person may, while driving a road vehicle, use a hand-held device that includes a telephone function." Use of Bluetooth accessories, like headsets and hands-free equipment, is allowed. A literal interpretation could find Macesin not technically in violation of the statute, as the "handheld device" in this equation — Macesin's iPhone — was stowed in a bag and therefore unreachable.
"It's not so much handheld. It's a watch. You know, it's on my wrist. That's where it gets controversial," Macesin said. "It's like, 'Is it? Is it not?' but I think this needs to be talked about."
Some believe an incident like Macesin's was bound happen given increasingly aggressive laws designed to save lives by prohibiting distracted driving. Many governments have these laws in place, but as slow-moving policy is often unable to keep pace with technological advances, devices like smartwatches go unmentioned.
It is perhaps more interesting to ask if advanced smartwatches like Apple Watch, which are capable of mirroring iPhone functions like voice and text communication, also constitute a distraction to drivers. In such cases, and with regard to the current state of policymaking, it is unclear whether to enforce the spirit or the letter of the law.
Macesin plans to contest the ticket and could enlist legal counsel over the matter.
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124 Comments
He could have used SIRI or better yet SIRI CarPlay. When you are driving a car, SIRI should be used for everything unless you are parked.
[quote name="AppleInsider" url="/t/186455/apple-watch-owner-fined-120-for-changing-songs-while-driving#post_2727908"] Some believe an incident like Macesin's was bound happen given increasingly aggressive laws designed to [S]save lives by prohibiting distracted driving[/S] replenish government coffers. This seems like common sense that it shouldn't have been an issue.
That's not true. While stopped at a red light, it's plenty safe to go ahead and clear some notifications. What constitutes *USE* of the watch? Do you have to touch the watch with the opposite hand or does glancing at an incoming notification count as use? The law needs to have language that clearly defines these terms. Activating Siri requires a long press of the crown. That can easily be done without taking your eyes off the road. Would that constitute illegal use? Most of the people that comment on this thread probably don't even have one yet, but they'll be convinced that they know what's distracting and what's not. Most of them will be wrong. Replying to a text on the watch is not nearly as distracting as doing so from a phone. One large reply button, followed by a choice of 2-3 predefined answers or a microphone button and then a dictated message is all it takes to reply to a message. For me, it's less distracting to send a quick reply from the watch than it is to adjust the HVAC, tha built-in radio or taking a sip from my coffe. I don't like the double-standard in the wording of these laws. If they are going to explicitly outlaw the use of handheld devices because they are a distraction tothe driver, then do it! But they don't ban handheld devices - they ban handheld ELECTRONIC devices! So putting on your lipstick or your makeup or even fumbling with a paper map is all completely legal...
Well, it might not be handheld, but it's even more distract you than a smartphone. If the law intention is to product people from distraction, then it make sense. I could change music with physical buttons in Pebble while driving without any distraction because I can feel which button do what without having to look at. It's the same as pushing a button on steering wheel. But with Apple Watch, I have to actually peek and see and then tap to change song. It takes 2-3 seconds of your vision completely off the road, which more than enough to send your car to crash. It nearly happen to me once. While stopping at red light though, it's different case. I think it can be use safely. The law should be written clearly now that Smartwatch becoming mainstream. It should protect drivers while making sense of using it for good.
I think it's clear to all who can read: "... use a handheld device that includes a telephone function". It's not handheld and it doesn't include a telephone function.