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Road Safety Act 2006

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This is the original version (as it was originally enacted).

26Breach of requirements as to control of vehicle, mobile telephones etc.

This section has no associated Explanatory Notes

(1)Before section 42 of the Road Traffic Act 1988 insert—

41DBreach of requirements as to control of vehicle, mobile telephones etc.

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 41DBreach 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 41DBreach of requirement as to control of vehicle, mobile telephone etc.

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