Citation, commencement and extent

1. —(1) These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 2) Regulations 2022 and come into force on 25th March 2022.

(2) These Regulations extend to England and Wales and Scotland.

Amendment of the Road Vehicles (Construction and Use) Regulations 1986

2.The Road Vehicles (Construction and Use) Regulations 1986( 2 ) are amended as follows.

3. —(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. ” .