Motoring experts have sounded the alarm over a habit that’s quietly become a common activity on British roads — and it’s something many drivers may not even realise could land them in serious legal trouble. While the offence itself might appear minor at first glance, its consequences can be far-reaching.
With the popularisation of social media platforms like TikTok and Instagram, it’s now common to see passengers documenting their journeys, whether filming the driver, singing along to a song on the radio, or livestreaming with friends. However, those brief video clips could come at a high price for the driver— more specifically, a £1,000 fine. According to motoring specialists at Show Plates World, allowing passengers to film or livestream while the vehicle is in motion can legally implicate the driver, even if they never touch the phone.
“It’s not about who’s holding the phone — it’s about whether the driver is in full control of the vehicle,” a spokesperson for Show Plates World explained.
Under the Highway Code and the Road Traffic Act, drivers must always be in full command of their vehicle, which goes far beyond simply having their hands on the wheel.
Distractions caused by noise, movement or even phone screens reflecting onto mirrors or windows can all be taken into account when determining whether a driver is truly in control.
In cases where a passenger’s behaviour leads to the driver being distracted, obstructed, or encouraged to behave unsafely, the result can be a charge for “not being in proper control of a vehicle” or even “driving without due care and attention.”
The potential penalties are severe: fines of up to £1,000, three to nine penalty points, and in more serious incidents, driving bans or court proceedings.
Pete Nelson, a retired traffic officer with nearly 20 years of road policing experience, said this situation is far more common than most drivers believe.
“I’ve stopped plenty of cars where the passenger is waving a phone around in front of the driver’s face, trying to film a reaction or get a good selfie,” he said.
“In one case, a teenager in the front seat was livestreaming the journey with the driver’s full participation — they were both laughing, singing, completely distracted. We had to pull them over for dangerous driving.”
Pete reminded drivers that no matter who’s holding the phone, the legal responsibility always falls on the person behind the wheel.
He highlighted: “Drivers forget that even though it’s not their phone, they’re still responsible for what’s happening inside their vehicle.”
