Woman driving a car view from inside of the car and using a smart watch.
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A chime sounds. A driver glances down to read the notification on their smartwatch, then looks back at the road.

The brief moment of distraction from using a smartwatch can significantly increase the chances of an accident and may result in Australian drivers facing fines ranging from hundreds to thousands of dollars, depending on the location of the offense.

The problem, according to one expert, is that most Australians have no idea they can be penalised for using a smartwatch while driving.

Woman driving a car view from inside of the car and using a smart watch.
Using a smartwatch while driving could cost Australian drivers hundreds or even thousands of dollars in fines depending on where they’re caught. (Getty Images/iStockphoto)

Smartwatch ownership has boomed in the last decade but there are currently no specific road rules addressing their use while driving.

Instead, drivers may be penalised for using a smartwatch behind the wheel under distracted driving or mobile phone road rules.

But these rules and the penalties associated vary between states and territories.

In South Australia, drivers caught using a smartwatch while driving may face a $125 fine, while in Tasmania fines can exceed $2000.

This situation has created confusion among Australian motorists, who might not fully grasp the potential dangers linked with using a smartwatch while driving, explains Sina Rejali, a PhD Candidate and Researcher at Queensland University of Technology.

Distraction is the main contributing factor in about 16 per cent of Australia’s serious casualty road crashes and research has shown smartwatches are more distracting to drivers than mobile phones.

“Your attention is diverted visually because you’re not watching the road, and cognitively because you’re not concentrating on driving,” Rejali mentioned in an interview with 9news.com.au.

“And if you are touching your smartwatch, you are physically distracted as well.”

Woman using a smart watch in car. close up
Using a smartwatch while driving – especially if you’re touching it – can cause multiple layers of distraction. (Getty)

Using voice commands to operate a smartwatch can be safer than physically interacting it, but even that can cause potentially deadly driver distraction.

Despite the evidence, many Australians continue to use smartwatches while driving, putting themselves and others at risk.

Rejali has called for better education about the dangers of driving while distracted by smartwatches and clearer, more comprehensive road rules governing their use across the country.

“It’s really important to raise awareness about the fact that distracted driving is not just mobile phone use,” he said.

“Smartwatches can be just as risky.”

Penalties for using a smartwatch while driving

“When worn by a driver or rider, a smartwatch must not be used for text messaging, video messaging, emailing, social media, or similar communications while driving,” a Transport for NSW Spokesperson told 9news.com.au.

“If a smartwatch is used like a phone while operating a vehicle, the same mobile phone rules apply.”

Penalties for mobile phone offences include a fine of $410 and five demerit points, while distracted driving offences can carry a $544 fine and three demerit points.

Laws on mobile phone use in Victoria also apply to smartwatches, with drivers warned not to touch their smartwatch or use it to text, make or receive calls while driving.

Drivers who break the law may face on-the-spot fines of $593 and four demerit points. Fines can reach up to $1976 if contested in court.

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In Queensland, drivers distracted by smartwatches may incur hefty penalties.

The fine for not having proper control of a vehicle is $376 (increasing to $389 on July 1).

Driving without due care and attention can attract a fine of $645 (increasing to $667 on July 1) and three demerit points.

In the event of a crash, a driver may be charged with dangerous driving and could face court-imposed fines of up to $32,260 (increasing to $33,380 on July 1) or three years’ prison time.

In South Australia, using a smartwatch while driving may breach Australian Road Rule (ARR) 299, which prohibits the use of visual display units (VDU). The penalty is a $125 fine.

Using a smartwatch may also breach ARR 297, which requires drivers to have proper control of the vehicle and a clear view of the road. The fine is $221.

The rules in Western Australia are similar to those in South Australia, but smartwatches and other VDUs must be mounted rather than worn.

Failure to comply may attract a $300 fine and three demerit points.

Using a smartwatch like a mobile phone to make calls can lead to a $500 fine and three demerit points, while other activities such as texting could incur a $1000 fine and four demerit points.

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In Tasmania, using a smartwatch while driving may constitute a breach of ARR 297 and attract fines in excess of $2000.

Using a smartwatch while driving in the NT may breach ARR 299 and 300, the penalty for which includes a $500 fine and three demerit points.

Distracted drivers may also be charged with careless driving, which can attract jail time in the event of a crash.

Australian Capital Territory

Smartwatches fall under the same road rules as mobile phones in the ACT and breaking them can lead to hefty fines.

Using or holding a smartwatch may incur a $532 fine and three demerit points.

Using one for messaging, social networking, accessing apps or the internet may attract a $654 fine and four demerit points.

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