According to the Sydney Morning Herald Digital billboards are designed to distract drivers and outdoor advertisers are ''defenceless'' against claims of doing so, a legal expert says.

As the state government will start rolling out the electronic billboards a warning comes suggesting they can affect driver performance. 

John Voyage, of the legal firm Maurice Blackburn, said outdoor advertising companies could be found liable if a driver caused an accident and blamed the incident on a billboard.

Roads and Maritime Services is in talks with the outdoor advertising industry to devise guidelines on digital roadside screens, similar to those near Sydney Airport. Negotiations have centred around how long each advertisement should be displayed.

Charmaine Moldrich, the chief executive of the Outdoor Media Association, said research showed passengers paid more attention to the signs than drivers.

Three electronic billboards near Sydney Airport are on land outside state government control, with dwell times of 10 seconds. 

By March, three signs will be erected in Queensland, with dwell times of 30 seconds in speed zones greater than 80km/h. Dwell times in Victoria are generally limited to 30 seconds, but can vary depending on location.

As small business marketing consultants in Sydney we do believe marketing and advertising is turning more digital everyday from promotional billboards in Westfield’s and car parks to these larger outdoor billboards.

Safety should definitely be a major part in the way they are implemented and carefully assessed to minimise driver hazards.