Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations 2003, ISBN 0110480171. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

" Mobile telephones
     110.  - (1) No person shall drive a motor vehicle on a road if he is using - 


(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).



    (2) No person shall cause or permit any other person to drive a motor vehicle on a road while that other person is using - 



(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).



    (3) No person shall supervise a holder of a provisional licence if the person supervising is using - 



(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4),



at a time when the provisional licence holder is driving a motor vehicle on a road.

    (4) A device referred to in paragraphs (1)(b), (2)(b) and (3)(b) is a device, other than a two-way radio, which performs an interactive communication function by transmitting and receiving data.

    (5) A person does not contravene a provision of this regulation if, at the time of the alleged contravention - 



(a) he is using the telephone or other device to call the police, fire, ambulance or other emergency service on 112 or 999;

(b) he is acting in response to a genuine emergency; and

(c) it is unsafe or impracticable for him to cease driving in order to make the call (or, in the case of an alleged contravention of paragraph (3)(b), for the provisional licence holder to cease driving while the call was being made).



    (6) For the purposes of this regulation - 



(a) a mobile telephone or other device is to be treated as hand-held if it is, or must be, held at some point during the course of making or receiving a call or performing any other interactive communication function;

(b) a person supervises the holder of a provisional licence if he does so pursuant to a condition imposed on that licence holder prescribed under section 97(3)(a) of the Road Traffic Act 1988 (grant of provisional licence);

(c) "interactive communication function" includes the following:


(i) sending or receiving oral or written messages;

(ii) sending or receiving facsimile documents;

(iii) sending or receiving still or moving images; and

(iv) providing access to the internet;



(d) "two-way radio" means any wireless telegraphy apparatus which is designed or adapted - 



(i) for the purpose of transmitting and receiving spoken messages; and

(ii) to operate on any frequency other than 880 MHz to 915 MHz, 925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880 MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and



(e) "wireless telegraphy" has the same meaning as in section 19(1) of the Wireless Telegraphy Act 1949[3]."

Signed by authority of the Secretary of State


David Jamieson
Parliamentary Under Secretary of State Department for Transport

20th October 2003

[2] S.I. 1986/1078, to which there are amendments not relevant to these Regulations.back

[3] 1949 c. 54.back