I’m a lawyer – checking the time when driving could land you a £200 fine…even if you don’t use your phone

MOTORISTS beware!

Drivers are increasingly familiar with so-called ‘vigilante’ cyclists who film and catch people using their mobile phones while driving.

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You could find yourself in hot water for using your smartwatch at the wheel[/caption]

Some see these reports as a menace to the driving community, and others see them as improving road safety.

Either way, their videos often lead to the driver receiving six penalty points and a fine, which often results in disqualification if the driver has accrued twelve penalty points within three years.

CyclingMikey, for example, publishes videos of drivers he has ‘caught’ on YouTube and his reports have amassed almost £150,000 in fines, costs, and victim surcharges, more than 2,500 penalty points and dozens of disqualified drivers.

But here is the big question: What about smartwatches and other wearable tech?

Many don’t realise that the same penalties could apply to using smartwatches, making it vital for drivers to understand the broader scope of the law.

What changed, and why?

Previously, the law focused on communication and traditional phone calls or messages, but that all changed following the landmark case DPP v Barreto.

In this case, the defendant’s conviction was quashed because he was using his phone to film a traffic incident, not for ‘interactive communication’ like calls or texts.

This led to significant changes in the legislation, aiming to close loopholes and ensure drivers’ full attention remains on the road.

Enter the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022, which expanded the definition of a ‘device’ and ‘using a device’ while driving—making it easier than ever to commit an offence.

Under the new law, the ‘mobile phone offence’ applies to any device capable of connecting to something else and must be held in your hand at some point—regardless of whether it is connecting at the time.

The ‘use’ of any such device is very broadly defined and includes:

• Illuminating the screen
• Checking the time
• Checking notifications
• Unlocking the device
• Making, receiving, or rejecting a telephone or internet call
• Utilising camera, video, or sound recording functionality
• Drafting any text
• Accessing any stored data such as documents, books, audio files, photos, videos or applications
• Accessing the internet

This means that the current mobile phone laws while driving could mean that even a quick glance at your smartwatch to check the time might get you in hot water— because illuminating the screen and checking the time are specified in law.

‘Real-life implications’

Let’s say you’re at a red light and decide to check a message on your smartwatch.

Under the new rules, this simple act is an offence (at least if a court concludes that the watch is ‘hand-held’ which is yet to be tested in court.)

Many drivers are unaware of how strict these regulations
have become, and it’s easier than ever to be caught off guard.

For instance, one motorist was stopped and accused of using his phone simply for rejecting a call while stationary in traffic.

Although his case was dismissed, under the new regulations, even such minimal interaction could lead to prosecution.

In reality, most people will likely think that checking the time on your smartwatch does not meet the threshold for prosecution under Regulation 110 in the same way that it would for mobile phone use—and I agree, for the most part

There is a big difference between checking the time with an occasional sideways glance and someone fully immersed in writing out a lengthy message on their smartwatch.

But remember, an ambitious police officer does not only have
Regulation 110 with which to convict you, he can always consider a charge for an offence of not being in proper control of the vehicle or careless driving, resulting in separate fines if you are seen to be so distracted from the road by your smartwatch or other wearable tech that you’re not paying proper attention to the road and traffic around you.

Until a case is tested in court for a smartwatch and Regulation 110, such cases will likely be prosecuted as careless driving.

However, I don’t think it will be very long before a case does find
its way from a conviction at the magistrates to a declaration at the Court of Appeal.

The updated regulations are designed to eliminate distractions and ensure road safety.

Understanding and adapting to these changes is crucial for all drivers.

Always remember that a quick glance or minor interaction with your device could now lead to serious consequences.

Stay informed and stay safe!

Disclaimer: The content of this article is not a substitute for formal legal advice and no reliance should be placed upon it.