(1)Before section 42 of the Road Traffic Act 1988 insert—
A person who contravenes or fails to comply with a construction and use requirement—
(a)as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or
(b)as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,
is guilty of an offence.”
(2)In section 42(a) of that Act (breach of other construction and use requirements), before “of” insert “ or 41D ”.
(3)In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), before the entry relating to section 42 of the Road Traffic Act 1988 insert—
| “RTA section 41D. | Breach of requirements as to control of vehicle, mobile telephones etc. | Sections 11 and 12(1) of this Act.” |
(4)In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), before the entry relating to section 42 of the Road Traffic Act 1988 (c. 52) insert—
| “RTA section 41D | Breach of requirements as to control of vehicle, mobile telephones etc. | Summarily. | (a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers. (b) Level 3 on the standard scale in any other case. | Discretionary. | Obligatory. | 3.” |
(5)In Schedule 3 to that Act (fixed penalty offences), before the entry relating to section 42 of the Road Traffic Act 1988 insert—
| “RTA section 41D | Breach of requirement as to control of vehicle, mobile telephone etc.” |
Commencement Information
I1S. 26 in force at 27.2.2007 by S.I. 2007/237, art. 2(a)