Explanatory note

This Order amends the Fixed Penalty Order 2000 (S.I. 2000/2792, “the 2000 Order”), 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.

A full impact assessment has been produced and is available from the Road User Licencing, Insurance and Safety Division, Department for Transport, Great Minster House, 33 Horseferry Road, London SW1P 4DR. The impact assessment and an Explanatory Memorandum are available alongside the instrument on the UK Legislation website, www.legislation.gov.uk.