The Drum Awards for Marketing - Extended Deadline

-d -h -min -sec

'Touchless' Motorola Razr Maxx in traffic law compliance warning

Author

By Steven Raeburn, N/A

July 26, 2013 | 3 min read

The release of the Motorola Droid Maxx smartphone, unveiled this week, has the potential to put the manufacturers of the device and its users in conflict with road traffic and driving laws, The Drum has been told.

The Motorola droid Razr Maxx

The phone’s touchless control permits users to activate the phone from a locked state and command it to make calls without touching the handset.

A prominent Australian lawyer has warned that the technology creates the risk of falling foul of the road traffic laws which, in most global jurisdictions, do not allow the use of handsets whilst driving. The technology has evolved faster than the established law, which may need to move fast to adapt.

“It is this additional feature which distinguishes the phone from others which require manipulation to be unlocked before activating voice control. By requiring manipulation most phones fall foul of the Road Rules which restrain drivers using a mobile phone while driving a motor vehicle, moving or stationary.” Kevin Dwyer, principal at Sydney’s WMD Law told The Drum.

He warned that it is the phones extended functionality and additional features that create the potential for users to breach the laws.

“Under Regulation 300 of the Road Rules 2008 (NSW) a driver must not use a mobile phone to make or receive a phone call while driving unless the body of the phone is secured in a mounting, or the phone isn't being held and does not require the driver to press any thing on the phone or to manipulate any part of the phone. On this basis it would seem that the Droid Maxx will be compliant for making and receiving calls.

“The Regulations however do not permit the receipt or sending of text messages even where phone technology provides this being done by hands free means.”

He warns that the existing law in the Australian state of New South Wales are likely to require amendment to adapt to the new technological possibilities.

“One view is that the Road Rules will need to be amended to permit other phone uses which do not require manipulation of the phone,” he told The Drum.

“The contrary opinion however is that any phone use is a distraction to drivers and consideration needs to be given to restricting, rather than expanding, the uses permitted.”

Trending

Industry insights

View all
Add your own content +