Using your phone while driving

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Amendment of the Road Vehicles (Construction and Use) Regulations 1986

Author: Polly Davies
Published:
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This article is 5 years old.

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You can not have failed to notice the new penalties that have been announced and have come into force this week £200 and 6 points no excuses people here are the definitive legal points.

6a defines hand held, so perhaps it needs to be fixed to dash if using wired headset to avoid the assumption it needed to be held at some point…

Amendment of the Road Vehicles (Construction and Use) Regulations 1986
2.  The Road Vehicles (Construction and Use) Regulations 1986(2) are amended by inserting after regulation 109—
“Mobile telephones

110.—(1) No person shall drive a motor vehicle on a road if he is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).

(2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4).

(3) No person shall supervise a holder of a provisional licence if the person supervising is using—
(a)a hand-held mobile telephone; or
(b)a hand-held device of a kind specified in paragraph (4),
at a time when the provisional licence holder is driving a motor vehicle on a road.

(4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

(5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—
(a)he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;
(b)he is acting in response to a genuine emergency; and
(c)it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).

(6) For the purposes of this regulation—
(a)a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

Polly Davies

Legal Advisor

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