Q. I understand that using or even touching my mobile phone while driving is prohibited. But what about making and receiving calls on my smartwatch? CB, Northampton. The law does allow drivers to use a mobile phone as long as it is not held in hand at any time during the call and does not interfere with safe driving. A smartwatch is treated the same as a mobile phone under the law. You can use it legally, given you adhere to the same conditions. Typically, if the smartwatch is on your wrist and not in your hand, you remain compliant with the law, especially if it responds to voice commands like “Answer” or “Pick up call.”

However, if you become distracted while conversing and cause an accident, you could face legal repercussions. Potential charges may include failing to drive with due care, or more severe implications based on the accident’s severity. It is advisable to keep your phone secured in a cradle and your smartwatch on your wrist, but ideally, avoid using either, as the distraction level can be comparable to driving while impaired by alcohol. This distraction could make you about four times more likely to be involved in a crash. Nick Freeman, a motoring lawyer also known as Mr Loophole.

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