- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Road Traffic
Made
10th May 2018
Laid before Parliament
16th May 2018
Coming into force
11th June 2018
The Secretary of State makes these Regulations in exercise of the powers conferred by section 41(1) and (5) of the Road Traffic Act 1988 (“the Act”)(1).
The Secretary of State has consulted representative organisations in accordance with section 195(2) of the Act and Scottish Ministers in accordance with section 41(2B)(2) of the Act.
1. These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2018 and come into force on 11th June 2018.
2.—(1) The Road Vehicles (Construction and Use) Regulations 1986(3) are amended as follows.
(2) In regulation 110 (mobile telephones) after paragraph (5) insert—
“(5A) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—
(a)that person is using the mobile telephone or other device only to perform a remote controlled parking function of the motor vehicle; and
(b)that mobile telephone or other device only enables the motor vehicle to move where the following conditions are satisfied—
(i)there is continuous activation of the remote control application of the telephone or device by the driver;
(ii)the signal between the motor vehicle and the telephone or the motor vehicle and the device, as appropriate, is maintained; and
(iii)the distance between the motor vehicle and the telephone or the motor vehicle and the device, as appropriate, is not more than 6 metres.”.
Signed by the authority of the Secretary of State
Jesse Norman
Parliamentary Under Secretary of State
Department for Transport
10th May 2018
(This note is not part of the Regulations)
Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 (“the 1986 Regulations”) prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other hand-held devices, when performing an interactive communication function.
This instrument amends regulation 110 of the 1986 Regulations by inserting an additional exemption to provide that a person is not in contravention of that regulation where the hand-held mobile telephone or the hand-held device is being used to perform a remote control parking manoeuvre, in compliance with the requirements as set out in this instrument.
A draft copy of this instrument was notified to the EU Commission for the purposes of the Technical Standards and Regulations Directive (2015/1535/EU; OJ L 241, 17.9.2015, p.1). No comments were made during the three month standstill period.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.
An Explanatory Memorandum for this instrument has been published alongside these Regulations at www.legislation.gov.uk.
1988 c. 52. Section 41(1) was amended by section 43(6) of the Scotland Act 2016 (c. 11).
Section 41(2B) was amended by section 43(7) of the Scotland Act 2016.
S.I. 1986/1078; relevant amendments were made by S.I. 2003/2695. There are other amendments but none is relevant to this instrument.
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.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: