Mobile phone use whilst driving – Law changes

Fresh off the press.

The Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022

In force: 25 March 2022

Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 (S.I. 1986/1078), (“the 1986 Regulations”) prohibit the use, while driving a motor vehicle of hand-held mobile telephones or other interactive communication devices, when performing an interactive communication function.

Regulations 3(1)(a), (c) and (d) amend regulation 110 of the 1986 Regulations by widening the scope of the offence to include any use of a mobile telephone or interactive communication device held in the hand whilst driving. These provisions remove the requirement that the driver is using the mobile telephone or interactive communication device to perform an interactive communication function.

Regulation 3(1)(b) amends regulation 110 by inserting an additional exemption to provide that a person is not in contravention of that regulation where the hand-held mobile telephone or interactive communication device is being used to make a contactless payment at a contactless payment terminal, in compliance with the requirements as set out in this instrument.

Regulation 3(2) inserts definitions for the terms “contactless payment” and “an application”.

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