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Statutory Instruments
ROAD TRAFFIC
Made
30th October 2024
Laid before Parliament
4th November 2024
Coming into force
25th November 2024
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( 1).
The Secretary of State has consulted with representative organisations in accordance with section 195(2) of that Act.
1.—(1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2024 and come into force on 25th November 2024.
(2) These Regulations extend to England and Wales and Scotland.
2. In the Road Vehicles (Construction and Use) Regulations 1986( 2), in regulation 110 (mobile telephones), after paragraph (5B) insert—
“(5C) A person does not contravene a provision of this regulation if, at the time of the alleged contravention—
(a) that person is using a mobile telephone or other device which is capable of functioning (whether or not it is also capable of functioning in other ways) so as to transmit a spoken message only while a button on the device is pressed at the same time as the person is speaking the message; and
(b) that person is using the device to transmit a spoken message in the manner described in sub-paragraph (a) or to receive a spoken message—
(i) on an electronic communications network to which access is controlled by the Secretary of State and which that person is authorised to access; and
(ii) in the course of performing duties for the police, fire, ambulance or other emergency service. ”.
Signed by authority of the Secretary of State for Transport
Lillian Greenwood
Parliamentary Under Secretary of State
Department for Transport
30th October 2024
(This note is not part of the Regulations)
Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 ( S.I. 1986/1078) (“ the 1986 Regulations”) prohibits the use, while driving a motor vehicle, of hand-held mobile telephones or other interactive communication devices.
Regulation 2 of these Regulations amends regulation 110 of the 1986 Regulations to insert new paragraph (5C), which provides an exemption for persons driving in the course of performing duties for an emergency service while communicating on a secure electronic communications network using a device in press-to-talk mode.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sectors is foreseen. An Explanatory Memorandum is available alongside these Regulations onlegislation.gov.uk.
1988 c. 52; section 41(1) was amended by section 43 of the Scotland Act 2016 (c. 11).
S.I. 1986/1078; regulation 110 was inserted by S.I. 2003/2695and has been amended by S.I. 2018/592and S.I. 2022/81.