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Is it illegal to use a smartwatch while driving?

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While using a smartwatch while driving may seem harmless, under UK law, it could potentially result in legal penalties.

Although smartwatches are not specifically mentioned in mobile phone legislation, the law prohibits holding and using any device capable of sending or receiving data while driving, which can include smartwatches when they are used in this way.

From checking notifications to using apps, any interaction with a smartwatch could be perceived as driving without due care and attention.

In this article, we will explain the laws around driving using a watch, the potential penalties, and how police might prove an offence has been committed.

Please note that the following article is for informational purposes only and should not be considered legal advice. If you need legal support with allegations relating to a motoring offence, please get in touch, and our team can advise you.

Are you allowed to use a smartwatch while driving?

Using a smartwatch while driving is not in itself illegal, but it could be an offence if you are interacting with the device in a way that results in you taking your hand off the wheel or distracts your attention.

The Road Vehicles (Construction and Use) Regulations 2022 prohibit holding and using any device capable of sending or receiving data while driving, which includes smartwatches when used in this way. This applies even if you are stationary in traffic, at traffic lights, or supervising a learner driver.

If your smartwatch is used hands-free, such as receiving notifications without interaction, it may not breach the law, but it could still be considered a distraction and amount to driving without due care and attention.

Can you go to court for using a smartwatch while driving?

Yes, you can be taken to court for using a smartwatch while driving in the UK. While there is no specific legislation that names smartwatches, the law prohibits the use of any interactive communication device, such as those capablce of sending or receiving data, while driving.

If you are seen operating a smartwatch in a way that distracts you from the road, such as reading messages or tapping the screen, you may face prosecution under offences such as driving without due care and attention, or even dangerous driving in more serious cases.

Penalties for using a smartwatch while driving may include a fine, penalty points on your licence, or a court summons, particularly if your actions contributed to a collision or put others at risk. These cases are taken seriously by the police and courts.

If you are caught using a smartwatch while driving, it is vital to seek legal advice as early as possible. With the right legal support, it may be possible to challenge the allegation or mitigate the penalty.

What happens if you get caught using your smartwatch while driving?

If you are caught using a smartwatch while driving in the UK, you could face legal consequences under existing road traffic laws. While there isn’t currently a law that specifically targets smartwatches, using one in a way that distracts you, such as checking notifications, replying to messages, or using apps, can be treated as a failure to have proper control of your vehicle under the Road Traffic Act.

This offence typically carries a fine and three penalty points, but more serious cases, such as those involving dangerous driving or collisions, could result in harsher penalties, including prosecution in court. It is important to note that the police have wide discretion in these situations and may issue a Fixed Penalty Notice or initiate court proceedings depending on the circumstances.

How do police prove you were using a smartwatch while driving?

Police can prove you were using a smartwatch while driving in the UK through several types of evidence. This may include eyewitness testimony from officers or members of the public, dashcam or CCTV footage, or data retrieved from your device. Even though a smartwatch is not typically held in the hand like a mobile phone, its use can still be considered a distraction.

If officers believe your attention was diverted, for example, because you were interacting with your watch or appeared unaware of road conditions, they may charge you with not being in proper control of your vehicle under the Road Traffic Act.

Being caught using a smartwatch can affect your driving record and insurance, so it is essential to seek early legal advice if you are accused of this offence. Prompt legal guidance can help protect your position.

Related offences

We also provide support and guidance on various other matters that are related to smartwatch use while driving, including:

Related cases

Fees and funding

We are always clear and upfront when it comes to legal fees.

If you are required to attend court, you may be eligible for Legal Aid. Whether you can access Legal Aid will depend on whether the grant of public funding is justified on a means and interest of justice basis.

Where you do not qualify for Legal Aid, the alternative will be to fund the case on a private basis.       

To find out more about the way we handle fees (both Legal Aid and private fees), please use the links provided below:

Contact our driving offence solicitors today

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You can contact our dedicated driving offence solicitors in London, Birmingham, and Manchester by telephone on:

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you quickly.

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