Is it illegal to use my smartwatch while driving - and could I really face a £1,000 fine?

I regularly use my smartwatch at the wheel of my car when stuck in traffic, or waiting at lights, to check messages.

But recently, I read a story suggesting it's illegal and that I could face a hefty fine and have six points added to my driving licence by doing so.

What are the official rules about this being a motoring offence? I don't want to be caught out.

Rob Hull, MailOnline and This is Money Motoring Editor, replies: This is a question every motorist with a smartwatch or fitness tracker should be asking themselves.

That's because the law dictates that personal devices and driving are not an appropriate mix.

The Government made that abundantly clear in March 2022 when it introduced stricter rules that declare it an offence if motorists are caught simply touching their mobile phones or tablets when in control of a motor vehicle, even when stationary while queued in traffic or stopped at traffic lights.

Doing so is punishable by a minimum fine of £200 and six points on your licence, though can extend to a penalty of £1,000 and a driving ban if it leads to a crash.

Many reports have stated that these rules also apply to smartwatches.

However, it appears there's a major grey area for devices that are worn rather than handled - despite the fact they can be equally as distracting as a smartphone.

Products like an Apple Watch, Google Pixel Watch, Samsung Galaxy Watch - as well as fitness trackers from brands including Fitbit and Garmin - receive notifications for text messages, phone calls, social media updates, emails, news bulletins and much more. Some you can watch videos on, too.

As such, driver who check their wrists for updates are just as culpable for taking their eyes off the road as someone who lifts up their mobile phone.

I imagine you've already spent some time researching online the legalities around smartwatch use behind the wheel - and as such have been faced with a lack of clarity around the rules.

The Department for Transport stipulates that you cannot 'hold and use a phone, sat-nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle.'

It adds: 'This means you must not use a device in your hand for any reason, whether online or offline. For example, you must not text, make calls, take photos or videos, or browse the web.'

While a smartwatch can receive data, it's not a device that's 'held in your hand', though technically is always being touched.

Smartwatches even proved a difficult middle ground when the DfT conducted its 2021 consultation into tightening the rules of device use behind the wheel.

On page 19 of the Government's 21-page response, in a section referencing updates to the wording of the Highway Code, it stated: 'Smartwatches – clarity on the legality of using them whilst driving.'

Given the technicality that a smartwatch is worn rather than held, I have contacted the Department for Transport on your behalf to ask for a definitive answer...

A Department for Transport spokesman, said: 'The legislation covering mobile phone use applies to any device capable of sending and receiving data, including smartwatches.

'Enforcement of this offence is the responsibility of the police and the courts,' the DfT spokesman added.

I requested more clarity on what constitutes 'use' of a smartwatch. I asked if it is an offence if a driver visually glances at their smartwatch or if it only becomes a punishable offence when the motorist touches the screen to control its operations.

The spokesman claimed that officials at the department had said this would be a 'question for the court interpreting Regulation 110' of The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003.

So, while it is possible that you can be fined and receive points on your licence for touching your smartwatch behind the wheel, it appears unlikely this would be enforced unless a court needs to prove it resulted in a road collision.

With the DfT suggesting it would be up to a court to prove a driver had been distracted by their smartwatch, we approached a solicitor for their opinion.

One specialising in motoring cases has questioned whether smartwatches should be treated in the same way as smartphone offences.

Geoffrey Miller Solicitors states on its website: 'As most smart watches are worn on the wrist, technically it is not being held in your hand to be used.

'It is arguable that it is worn, similar to a mobile phone being used whilst in a cradle [which is legal, as we explain later].'

Managing director Jeanette Miller - who prefers to be known by her title of 'Miss Justice' - told us: 'We could see some difficulties in proving a charge along these lines in wearing a smartwatch on your wrist due to the comparison to this being like having a mobile phone in a cradle.

'However, as far as we are aware there are no precedent cases on this issue to be decided in the higher courts.

'Even if the mobile phone offence is not made out due to not 'holding' the device, it could still be pursued as an offence of not being in proper control of your vehicle or careless/dangerous driving if the smartwatch use distracts you whilst driving.'

Rob Hull: Another common question we receive from drivers is around whether they can touch their phone if it is secured in a cradle on the windscreen or dashboard.

When the new rules were originally announced, the DfT said in a statement: 'Drivers will still be able to continue using a device 'hands-free' while driving, such as a sat-nav secured in a cradle.

'They must, however, always take responsibility for their driving and can be charged with an offence if the police find them not to be in proper control of their vehicle.'

But can you touch a phone in a cradle, for instance to start or stop a video recording, check notifications or simply to see the time?

A DfT spokesperson told This is Money: 'The new updates to the law covers hand-held mobile phone use only.'

They added: 'However, there are multiple distinct offences which could apply when a driver is distracted by using a phone in a cradle – and would need to be considered on a case-by-case basis.

'Where a driver uses a mobile phone but does not at any point while driving pick it up, that activity is covered by wider road traffic law regarding distraction.

'As with any other form of distraction, the police could take enforcement action if they consider that the driver's level of driving has suffered.'

This means it will be up to the discretion of the police to determine what level of enforcements is taken if a driver is judged to have been distracted by operating their phone in a mount.

While drivers will likely not face any action if making adjustments to their navigation route, if they are deemed to be too distracted by their devices for any of the new reasons listed above they could face tougher sanctions.

The DfT told us that a motorist distracted from their driving duties because they were touching a phone secured in a cradle could be punished by one of three increasing offence types:

1. The lowest level is 'not in proper control of the vehicle' under Regulation 104 of the Road Traffic (Construction and Use) Regulations 1986. This carries the threat of three penalty points and the risk of maximum fines up to £1,000.
2. The next tier for punishment would fall under 'careless driving' under Section 3 of the Road Traffic Act 1988, with penalties of unlimited fines, potential disqualification and between 3 and 9 points depending on severity.
3. The most serious cases of distraction could be deemed 'dangerous driving' under Section 2 of the Road Traffic Act, which has the highest punishment of two years' imprisonment, unlimited fines and likely disqualification with between 3 and 11 penalty points.

While these all represent worst-case punishments, how - and if - touching a phone in a secured mount can be enforced is a totally different matter.

It's also worth noting that a phone cradle must be positioned on the windscreen so that it does not block the driver's view of the road and traffic ahead.

The only exceptions are for making calls to emergency services when there is no safe place to pull over and to use contactless payments - like Apple Pay - at fast-food drive-throughs and tolls, while hands-free calls are also still permitted.