Google Glass on the roads - a legal perspective
The first person in the world to receive a traffic ticket for wearing Google glass was a woman in California. Will users of the new technology face similar action in the UK? Road traffic law specialist Graham Walker explains.
Satnav or screen?
With Google Glass coming soon to our shores I wonder how soon it will be before our legislature “lead the way” in penalising any motorist who has the audacity to wear them and drive at the same time. Will it be the latest Fixed penalty offence for motorists to stump up for?
Google Glass hasn’t yet arrived but you can bet your last Fixed Penalty dollar that politicians have their eyes on the extra revenue that could be gathered with a fixed penalty for driving whilst wearing your Google Glass.
The law at present could easily be utilised to stop motorists from driving whilst accessing data from their Google Glass but it wouIdn’t quite fit the bill as well as a custom designed Fixed Penalty type offence.
At present, if a police officer considers that your driving “falls below the standard expected of a careful and competent driver” then you can expect to be charged with s3 of the Road Traffic Act 1988 , Careless driving and face 3-9 penalty points, a fine and a possible discretionary driving ban. You might expect to be charged with this if you enjoy putting on your make up as you drive to work or finishing off your breakfast as you endure your daily commute to the office however, will using Google Glass put you in that category?
Currently it is a specific offence to use a mobile phone whilst driving and this carries a 3 penalty point endorsement and a fine of £100. Common sense tells us all how careless this type of behaviour is and most welcome the fact that drivers are prosecuted for the blatant disregard of pedestrians and other road users, but can the same be said about Google Glass?
As a road traffic defence lawyer I would expect to defend such a case on the basis that it may well assist safe driving, reduce dangers and could be seen as a distinct driver benefit. There is no need to take your eyes off the road when consulting the satnav. It would seem impossible for the Crown to prove beyond a reasonable doubt that the use of Google Glass made the driving fall beneath the required standard of a careful and competent driver.
However since Google Glass will deliver much more than SatNav information it is obvious that the use of such a device could make driving unsafe if not downright dangerous. With access to the internet and the myriad of distracting information available we might see drivers updating their Facebook page or Tweeting out their latest TV ratings and how would anyone ever demonstrate otherwise?
After all, Fighter pilots have Heads Up Displays with information scrolling across their line of sight at 600mph so why not the average motorist at 30mph?
Graham Walker is a road traffic law specialist working in Glasgow. He tweets as @roadtrafficlaw