4.—(1) A driver shall not, when a vehicle is in motion, hold a microphone or any attachment thereto unless it is necessary for him, either in an emergency or on grounds of safety, to speak into the microphone.
(2) Subject to paragraph (3), a driver shall not, when a vehicle is in motion, speak to any person either directly or by means of a microphone.
(3) Nothing in paragraph (2) shall prevent–
(a)the driver of a vehicle from–
(i)speaking in circumstances when he is obliged to do so by reason of an emergency or on grounds of safety; or
(ii)speaking to a relevant person in relation to the operation of the vehicle provided that he can do so without being distracted from his driving of the vehicle; and
(b)the driver of a vehicle which is being used to provide a relevant service from making short statements from time to time limited to indicating the location of the vehicle or operational matters provided that he can do so without being distracted from his driving of the vehicle.
(4) In this regulation–
(a)“relevant person” is a person fulfilling one of the following descriptions–
(i)an employee of the operator;
(ii)when the operator is a firm, a partner of the firm;
(iii)if the operator is an individual, that individual; or
(iv)if the operator is a company, a director; and
(b)“relevant service” is a service for the carriage of passengers for hire or reward at separate fares which is neither–
(i)an excursion or tour within the meaning of section 137(1) of the 1985 Act; nor
(ii)a service the primary purpose of which is sightseeing, not falling within sub-paragraph (i).