Road Traffic Offences – Mobile Phones

THE ROAD TRAFFIC OFFENDERS ACT 1988 (PENALTY POINTS) (AMENDMENT) ORDER 2017 – In force 1 March 2017

Section 41D(b) of the Road Traffic Act 1988 makes it an offence to use a hand-held mobile telephone while driving in contravention of any of the construction and use requirements. Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 provides that except in very limited emergency circumstances, a person may not use a hand-held mobile telephone or other hand-held interactive communication device, while driving.

Schedule 2, Part 1 to the Road Traffic Offenders Act 1988 currently provides that three penalty points will be issued to persons committing this offence.

This instrument amends the Road Traffic Offenders Act 1988 so that six penalty points will be issued for this offence.

The Fixed Penalty (Amendment) Order 2017 – In force 1 March 2017

This Order amends the Fixed Penalty Order 2000, which prescribes fixed penalty amounts for fixed penalty offences. The 2000 Order is amended by adding a new fixed penalty amount for 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.

Previously, an offence under this provision fell under entry 4 “Any other fixed penalty offence involving obligatory endorsement” in the table in Schedule 1 to the 2000 Order, and therefore carried a fixed penalty amount of £100. This Order inserts into the table a specific entry for the offence under section 41D(b) of the Road Traffic Act 1988, with an associated fixed penalty amount of £200.

There will not, as had been proposed in the consultation, be any difference between the fixed penalty for drivers of cars and HGVs committing the offence.