Amendment of the Road Vehicles (Construction and Use) Regulations 19863

1

In regulation 110 (mobile telephones)—

a

in paragraph (4), from “performs” to the end, substitute “is capable of transmitting and receiving data, whether or not those capabilities are enabled.”;

b

after paragraph (5A), insert—

5B

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 to make a contactless payment;

b

for a good or service which is received at the same time as, or after, the contactless payment is made; and

c

the motor vehicle is stationary.

c

in paragraph (6)(a), from “during the course of” to the end, substitute “while being used.”;

d

for paragraph (6)(c), substitute—

c

in paragraphs (1) to (3) the word “using” includes the following—

i

illuminating the screen;

ii

checking the time;

iii

checking notifications;

iv

unlocking the device;

v

making, receiving, or rejecting a telephone or internet based call;

vi

sending, receiving or uploading oral or written content;

vii

sending, receiving or uploading a photo or video;

viii

utilising camera, video, or sound recording functionality;

ix

drafting any text;

x

accessing any stored data such as documents, books, audio files, photos, videos, films, playlists, notes or messages;

xi

accessing an application;

xii

accessing the internet.

2

After paragraph (6)(e) insert—

f

“contactless payment” means a payment made at a contactless payment terminal using the contactless payment facility of a card, mobile telephone or other device;

g

“an application” means a software programme that runs through a web browser or offline on a mobile telephone or other device.