Why These Matter For Your Car Insurance
Points from any of these habits go on your licence. Offence codes and penalty points stay on your driving record for 4 or 11 years, depending on the offence.
By law, you have to take reasonable care not to give your insurer wrong information, so if your insurer asks about points or convictions, you must answer honestly. The Financial Ombudsman says a deliberate or reckless misrepresentation lets an insurer cancel the policy from the start, keep the premium and refuse a claim. Points can affect what you pay for cover, so it helps to know what can put them there.
1. Holding A Phone Or Any Device That Sends Data
This one carries the most points. You can get 6 penalty points and a £200 fine if you hold and use a phone, sat nav, tablet or any device that can send and receive data while driving. The rule covers the device even if its data functions are switched off, and using it includes checking the time or your notifications.
Smartwatches aren't named in the rules, so whether one counts turns on whether you have to hold it. A smartwatch that distracts you can still lead to a charge. You can get 3 points if you don't have a full view of the road or proper control of the car. The offence code is CU80, and in court the fine can reach £1,000. If you passed your test in the last 2 years, you'll also lose your licence for a hand-held phone offence. What to do: put the phone in a holder or out of reach, and leave your watch alone until you've parked.
2. Tapping The Built-In Screen On The Move
Using the car's own screen isn't an offence in itself, but it can become one. GOV.UK lists a built-in sat nav as hands-free, so it's legal as long as you never hold a device.
The Highway Code says not to be distracted by maps or screen-based information while driving, and to find a safe place to stop if you need to. The Crown Prosecution Service says momentary inattention while adjusting a radio, hands-free phone or sat nav may amount to careless driving, depending on the facts. Careless driving (codes CD10, CD20 and CD30) means 3 to 9 points if the court doesn't ban you. What to do: set your route and music before you pull away.
3. Eating, Drinking Or Smoking At The Wheel
None of these is a points offence on its own, but each can lead to a careless driving charge. The Highway Code lists eating and drinking among the distractions to avoid. The Crown Prosecution Service names selecting and lighting a cigarette as something that may amount to careless driving.
If it does go to court, the Sentencing Council treats a brief but avoidable distraction as a factor that makes careless driving more serious. Separately, in England and Wales you must not smoke, or let anyone smoke, in an enclosed private vehicle carrying someone under 18. What to do: eat and drink before you set off, or stop somewhere safe.
4. Driving With An Unrestrained Pet
A loose pet isn't a points offence by name, but the distraction it causes can be. The Highway Code says to make sure dogs and other animals are suitably restrained so they can't distract you or injure you, or themselves, if you stop quickly. It names a seat belt harness, pet carrier, dog cage or dog guard as ways to do it.
A pet that distracts you can mean you're not in proper control of the car, which carries 3 points, or lead to a careless driving charge. How a claim involving a loose pet is treated comes down to your policy, so check the wording or ask your insurer. What to do: use a harness, carrier, cage or guard on every trip.
5. Setting Off With An Iced Or Misted Windscreen
Not clearing your windows can mean a fine, and possibly 3 points. By law, all the glass on your car has to be kept so it doesn't block your view while you drive. The Highway Code says that before you set off in winter you must be able to see, so clear all snow and ice from all your windows.
Breaking this glass rule is an offence that carries a fine but no points. But you can get 3 points if you don't have a full view of the road and traffic ahead, and it's a different story again if the poor view leads to careless driving. The Sentencing Council treats driving where your visibility is obstructed as a factor that makes careless driving more serious, and that carries 3 to 9 points. What to do: allow time to clear every window, not just a hole in the windscreen.
6. Using Your Phone In The Drive-Through Queue
Paying at the window is legal. Picking up your phone for anything else in the queue isn't. The rules make an exception for a contactless payment in a vehicle that isn't moving, for example at a drive-through restaurant, and the Highway Code repeats it for payments at a contactless payment terminal.
The exception covers paying, nothing more. GOV.UK says the hand-held phone law still applies when you're queuing in traffic or driving a car that turns off the engine when you stop moving. So scrolling through the menu app while you wait could still mean 6 points. What to do: have your payment ready, tap to pay at the terminal, then put the phone away.
Ian's note: If it isn't built into the car, treat it like a phone. Set your route, playlist and watch before you pull away, and leave them alone until you've parked.
What To Do Next
Most of these come down to doing things before you move off. Use the checklist below as a quick reminder.
Before And While You Drive
Six habits that can lead to points, and the simple fix for each.
Before You Set Off
- Clear all snow and ice from all your windows
- Restrain pets with a seat belt harness, pet carrier, dog cage or dog guard
- Set your sat nav and music, or stop somewhere safe to change them
While You Drive
- Don't hold a phone or any device that sends data: 6 points and a £200 fine
- Keep a full view of the road and proper control: 3 points if not
- Avoid eating, drinking and smoking: a careless driving charge means 3 to 9 points
At The Drive-Through
- Contactless payment is allowed when you're not moving
- Anything else on a hand-held phone in the queue is still an offence
From GOV.UK, the Highway Code (rules 57, 148, 149, 150 and 229) and the Sentencing Council careless driving guideline.
If you already have points, tell your insurer when they ask, and check your renewal reflects them. You can compare car insurance quotes when you're ready.
FAQs
Can You Get Points For Using A Smartwatch While Driving?
It can happen. Smartwatches aren't named in the rules, and the 6-point offence turns on holding a device. But if checking your watch means you lose proper control or a full view of the road, that can mean 3 points.
Is It Illegal To Pay With Your Phone At A Drive-Through?
No, if the car isn't moving and you're making a contactless payment. That exception covers paying only. Using a hand-held phone for anything else while you queue is still an offence, even if stop-start has cut the engine.
Can You Get Points For Eating While Driving?
Not for eating itself. The Highway Code lists eating and drinking as distractions to avoid. If it causes a lapse in your driving, you could be charged with careless driving, which carries 3 to 9 points.
Do I Have To Tell My Insurer About Penalty Points?
Yes, if your insurer asks. By law, you have to take reasonable care not to give wrong information. A deliberate or reckless misrepresentation can let the insurer cancel the policy and refuse a claim.
