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(This note is not part of the Regulations)
These regulations amend the Construction and Use Regulations 1986 by inserting a new regulation 110.
Regulations 110(1) and (2) prohibit a person from driving, or causing or permitting a person to drive, a motor vehicle on a road if the driver is using a hand-held mobile telephone or similar device. Regulation 110(3) prohibits a person from using a mobile telephone or similar device while supervising a holder of a provisional licence at a time when the provisional licence holder is driving a motor vehicle on a road. It is an offence under section 42 of the Road Traffic Act 1988 to contravene these regulations. Regulation 110(4) provides a definition of devices that are considered similar to hand-held mobile telephones for the purpose of these regulations. This definition excludes two-way radios.
Regulation 110(5) provides that in specific circumstances a person will not breach the regulation. Where a person makes a call to the emergency services on 999 or 112 in response to a genuine emergency where it is unsafe or impracticable for him (or the provisional licence holder) to cease driving while the call is being made, the regulation is not breached.
A full regulatory impact assessment of the effect that this instrument will have on the costs of business is available from Road Safety Division, Zone 2/11, Department for Transport, Great Minister House, 76 Marsham Street SW1P 4DR, telephone 020 7944 2046, facsimile 020 7944 2029, email email@example.com. A copy has been placed in the library of both Houses of Parliament.
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