Fleet policies should be updated to include advice to drivers on not actively using smartwatches and wearables while behind the wheel.

Many fleets are unaware that the legislation includes checking smartwatches and wearables.

New legislation introduced this spring means motorists can get an on-the-spot £200 fixed penalty notice and six points for using a hand-held device that can send and receive data whilst driving – closing a previous loophole that enabled people caught filming or taking photos while driving to escape punishment. This includes smartphones, sat navs and tablets, but many fleets are unaware that the legislation includes checking smartwatches and wearables.

A new survey by Venson Automotive Management reveals that 37% of motorists wear a smartwatch or wearable that delivers text messages and notifications and one in three interact with these devices whilst driving.

Men are more likely to interact with their smartwatch or wearable than women; 25% of men confirmed they check notifications compared to just 8% of women.

Employers have a duty to manage occupational road risks as part of their wider management responsibilities – and Venson says that communicating the latest legal changes and having an up-to-date fleet policy is highly recommended.

Alison Bell, operations director, commented: “The majority of company car and van driver policies provided by fleet managers and businesses will have already addressed the use of smartphones whilst driving. However, many may have overlooked the risk that smartwatches and wearables pose to drivers and other road users. Indeed, checking for notifications or reading text messages on such a device could be considered a crime as it can constitute as careless or distracted driving.

“Using a mobile phone to make a call whilst driving has been an offence since 2003, but today, drivers are no longer allowed to take photos or videos, scroll through playlists or play games on their phones when driving. For HGV drivers the penalties are even more severe if caught. They face an instant ban and face a maximum fine of £2,500.”

Smart devices can be used if they are hands-free, for example if they’re secured in a cradle, and 33% of motorists surveyed by Venson said they use one.

But while another 39% said they place their phone out of reach to avoid the temptation of picking it up, more than one in four people admit to balancing their phone in a cupholder, door pocket or on their lap for ease of use.

And Alison Bell also warned that it’s important for all businesses utilising company car and van fleets, as well as those allowing employees to use private cars for business use, to be aware that it’s illegal to ‘cause or permit’ an employee to use a hand-held device while driving.

“An employer who requires employees to use a handheld device when driving is just as liable as the driver,” she added.

Drivers are also reminded that they must stay in control of the vehicle at all times – Venson has pointed out that driving without due care and attention extends beyond the use of smart devices and can incur penalties of either a disqualification, or between three and nine points.

Respondents to its latest survey admitted to being distracted whilst driving by adjusting seat, mirror and steering wheel positions (61%), eating whilst driving (39%) and using a vehicle’s in-car infotainment system (28%).