Common UK driving law myths

Is it illegal to eat while driving? Is it illegal to drive barefoot? Can you wear headphones while behind the wheel? 

I thought so before writing this blog. Let’s get myth-busting people.

Can I eat and drive?

Grab your snacks, because yes, you can eat and drive.

However, don’t let it affect your driving, as that could be considered reckless driving and you would be prosecuted as a result.

According to a report in The Telegraph, a study by the University of Leeds found that motorists’ reaction times were up to 44% slower than usual when they were eating and up to 22% slower when drinking (non-alcoholic beverages).

In the article, Professor Samantha Jamson from the university said: “It is accepted that the distraction of talking on a hand-held mobile phone may increase accident risk.

“However other activities that involve taking one hand off the wheel such as eating or drinking, may also cause distraction."

Can I smoke (or vape) and drive?

Yes, you can, although it is recommended to keep your window open to allow the smoke to go out of the car.

Smoke can be a distraction while driving, which can lead to fines, points, or even a driving ban. Insurers are also unlikely to cover any damage or injuries sustained in a crash if it is found that smoke was compromising your vision.

In 2015, legislation was introduced which made it illegal to smoke with passengers under the age of 18. This applies for vaping too.

In a taxi? Or a smoke-free private vehicle? No smoking here either please. 

You could get fined for this.

Can I drive with the interior light on?

I always remember my parents telling me it’s illegal to have the interior light on while they were driving.

Turns out, they just wanted me to turn it off. And I don't think I was the only one...

It’s not actually illegal to have the interior light on while driving, though it can be distracting. If it’s believed to be causing you to drive poorly, you can be stopped and asked to turn it off.

Can I wear headphones while driving?

Car radio not working? Or simply just not good enough? There is no current law against wearing headphones while driving. Though this could change in the coming years.

Safety campaign groups are against wearing headphones and driving, and trying to make it illegal - so keep an eye out for any updates.

Wearing headphones could lead to dangerous crashes and result in you missing out on important surrounding sounds, like emergency vehicle sirens.

All in all, we’ll leave that decision up to you.

Can my passenger be drinking alcohol?

Designated driver? Yes, your passengers can drink alcohol in your car, provided they are over the age of 18.

The only alcohol and driving laws relate to drivers themselves, who must be under the national drink-drive limit at all times.

It’s also illegal to drink alcohol in a car while supervising a learner driver.

Can I use a sat nav while driving?

Seems like an obvious one, right? You need directions to get somewhere new, or you’ll get lost.

However, to drive legally with a sat nav in your car, it must be in a fixed position either on your windscreen or your dashboard.

The Highway Code states that windscreens and windows must be kept clean and free from obstructions to vision, so your sat nav must be correctly placed, otherwise you might technically be in breach of the Highway Code.

Rule 150 of the code states: “You must exercise proper control of your vehicle at all times. Do not rely on driver assistance systems such as cruise control or lane departure warnings.

“They are available to assist you but should not reduce your concentration levels. Do not be distracted by maps or screen-based information (such as navigation or vehicle management systems) while driving or riding”.

Can I use my mobile phone while driving?

Definitely not.

It is illegal to use your phone while driving, and as of March 2017, the penalties have been drastically increased.

Drivers caught using their phones behind the wheel will now face six points on their licence and a £200 fine.

It’s even tougher on new drivers, with those being on the road for less than two years facing the chance of being disqualified and having their licence revoked.

A law brought in later in 2021 brings in context too. By this we mean how you’re holding your phone.

Previously, you could not use your phone for anything that was considered 'interactive communication', but now, you simply cannot hold your phone while driving, no matter the context.

Can I drive barefoot?

Whatever floats your boat, I guess. It’s not illegal to drive barefoot in the UK, as long as you can operate the vehicle safely.

According to the Driving Standards Agency: “Suitable shoes are particularly important behind the wheel. We would not recommend driving barefoot because you don’t have the same braking force with bare feet as you do with shoes on.”

The basic guidelines for choosing suitable driving footwear include:

• Soles no thicker than 10mm
• Soles that are not too thin or soft
• Footwear with enough grip to stop your foot from slipping off the pedals
• Shoes that are not too heavy
• Shoes that do not limit ankle movement
• Shoes that are narrow enough to avoid accidentally depressing two pedals at once

These guidelines do technically mean that certain types of footwear, such as flip-flops or high heels, may not be suitable for driving.

If the speed camera doesn’t flash, does it mean I haven’t been caught?

Not all speed cameras flash, so it doesn’t necessarily mean that you haven’t been caught.

For example, some cameras use infrared technology to catch you speeding.

Can I drive 10% over the speed limit?

I always got told you could do this growing up. However, in 2017, they cracked down on speeding.

The new band system means Band A offences are for drivers travelling between 1 and 10mph over the speed limit. Those caught may be liable to fines equivalent to 50% of their weekly salary and three penalty points.

Those driving between 11 and 20mph over the limit will be prosecuted under Band B and will face fines equivalent to 100% of their weekly income plus four penalty points.

Band C is for serious speeding offenders exceeding the speed limit by 21mph+. 

Under the new laws, these drivers will receive a fine equivalent to 150% of their weekly salary, six penalty points, or disqualification from driving for up to 56 days.

How many drinks can I have before driving?

Legally, you can have one or two drinks before driving. 

However, it is still recommended to not drink at all before driving, as it is hard to tell whether you are under or over the limit.

Andrew Banks, partner at Stone King solicitors said: “In terms of how much alcohol one can safely drink prior to driving that is a complex issue. The safest measure is to not drink at all.

“Any other measure will be subject to a number of variables such as the alcoholic content of the drink, whether the person has eaten and when the person’s physiological make up, and in terms of safety rather than breaching alcohol limits, tiredness.”

In England, the limits are 35 micrograms of alcohol in 100 millilitres of breath, 80 millilitres of alcohol in 100 millilitres of blood and 107 milligrams of alcohol in 100 millilitres of urine.

Andrew added: “Anyone drinking alcohol before driving is taking a risk and it is not safe to give even a broad indication of the amount of alcohol which one can consume that would take one to the limit taking into account the variables.

“The penalties imposed by courts vary depending on the amount one is over the limit. For first time offenders less than 2.5 times the limit a fine and disqualification from driving for up to two years would be the maximum guideline penalty.

“Between 2.5 and 3.5 times the limit and an offender is likely to be made subject to a community penalty, such as unpaid work or a curfew, and a disqualification for up to two and a half years.

“Beyond that and prison sentences with disqualification for three years become a real possibility, such is the danger posed by drunk drivers.

“For repeat offenders, the penalties will be higher, particularly if the previous conviction is relatively recent. More than one conviction for drink driving within a 10 year period will trigger and automatic 10-year driving disqualification.”

Now all the myth-busting is over, you can drive barefoot, with your headphones on, and the interior light on, reassured that the police will not pull you over (seeing that you’re driving safely).