Search Legislation

Advanced Search

The Road Traffic Offenders Act 1988 (Penalty Points) (Amendment) Order 2017

Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2017 No. 104

Road Traffic

The Road Traffic Offenders Act 1988 (Penalty Points) (Amendment) Order 2017

Made

24th January 2017

Coming into force

1st March 2017

The Secretary of State, in exercise of the powers conferred by section 28(7) of the Road Traffic Offenders Act 1988(1), makes the following Order.

In accordance with section 28(9) of that Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.

Citation, commencement and application

1.—(1) This Order may be cited as the Road Traffic Offenders Act 1988 (Penalty Points) (Amendment) Order 2017 and comes into force on 1st March 2017.

(2) This Order does not apply to offences committed before this Order comes into force.

Amendment of the Road Traffic Offenders Act 1988

2.  In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988(2) (prosecution and punishment of offences under the Traffic Acts), in column 7 of the entry relating to section 41D of the Road Traffic Act 1988(3), for “3” substitute—

“(a)3, in the case of an offence under section 41D(a).

(b)6, in the case of an offence under section 41D(b).”.

Signed by authority of the Secretary of State for Transport

Andrew Jones

Parliamentary Under Secretary of State

Department for Transport

24th January 2017

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 to change the number of penalty points attributable to the offence under section 41D(b) of the Road Traffic Act 1988 of contravening or failing to comply with a construction and use requirement as to the use of hand-held mobile telephones, or other hand-held interactive communication devices, while driving.

Prior to this Order coming into force, a person committing an offence under this provision would have received three penalty points. A person committing such an offence after this Order comes into force will receive six penalty points.

An impact assessment has been produced and is available from the Road User Licensing, Insurance and Safety Division, Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR. The impact assessment and an Explanatory Memorandum are available alongside the instrument on the UK Legislation website, www.legislation.gov.uk.

(1)

1988 c. 53; section 28 was substituted by section 27 of the Road Traffic Act 1991 (c. 40) and amended by section 4 of, and paragraph 34 of Schedule 3 to, the Road Safety Act 2006 (c. 49).

(2)

The entry in relation to section 41D was inserted by section 26 of the Road Safety Act 2006.

(3)

Section 41D was inserted by section 26 of the Road Safety Act 2006, and was extended by SI 2006/2167.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources