Common act while driving could cost you $125 or $2000, depending on one detail

A chime sounds. A driver glances down to read the notification on their smartwatch, then looks back at the road.

It only took a few seconds but that distraction may have doubled the risk of a crash, and could cost Australian drivers hundreds or even thousands of dollars in fines depending on where they’re caught.

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

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 has left Australian motorists confused and potentially unaware of the serious risks associated with using a smartwatch while driving, according to PhD Candidate and Researcher at Queensland University of Technology Sina Rejali.

“You are visually distracted because you are not looking at the road, you are cognitively distracted because you are not focusing on driving,” Rejali told 9news.com.au.

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

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.

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.

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.