Dear Ms. Bridgett,
I hope you’ve been well. Recently you wrote to us that your neighbor Jacob is interested in
piloting an app in his two largest markets Seattle and New York City. Specifically, you have
asked us to research state texting and driving statutes for those two states that might prevent or
limit drivers from using their Apple Watches either while driving or when stopped but still inside
the food truck. After researching the issue, and based on the facts set out below, I believe that
Washington and New York state would not permit the use of apple watches if electronic devices
were used while driving. However, the use of an apple watch could be permitted when the
vehicle has pulled over to the side of, or off, an active roadway and has stopped in a location
where it can safely remain stationary.
For the purpose of this opinion, we have considered the following statutes which we have
considered relevant, and they are:
1. Rev. Code Wash. (ARCW) § 46.61.672
2. Rev. Code Wash. (ARCW) § 46.63.110
3. § 1225-c.
4. § 1225-d.
For the purpose of this opinion, we have made the following assumption that:
1. The purpose of the watch: food truck drivers can easily send and receive information both
while they are driving and cooking/serving food.
Having considered the information that you have provided together with all the relevant laws of
New York and Washington state, we are of the following opinion that:
(A) Sending and receiving information both while they are driving, and cooking/serving food
would subject to fines because it does not meet the traffic laws for both states
(B) Both states make it clear that using a personal device while being on a public highway,
including while temporarily stationary because of traffic, a traffic control device, or other
momentary delays is not permitted
(C) However, when a commercial motor vehicle is stopped at the side of, or off, a public
highway in an area where it is not otherwise prohibited from stopping by law, rule, regulation, or
any lawful order or direction of a police officer, the driver is not considered to be operating a
commercial motor vehicle while using a mobile phone to engage in a call
To sum up, based on the statutes as I have recited them in this letter, I believe that Washington
and New York state would not permit the use of apple watches if electronic devices were used
while driving. To avoid the possibility of being fined and still being able to communicate using
an apple watch, I would recommend the motor vehicle being pulled over to the side of, or off, an
active roadway and has stopped in a location where it can safely remain stationary.
Yours faithfully,
Pranami Patel