Explanatory note

These Regulations amend the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 by inserting a new regulation 125A.

Regulation 125A(1) and (2) prohibit a person from driving, or causing or permitting a person to drive, a motor vehicle on a road if the driver is using a hand-held mobile telephone or similar device. Regulation 125A(3) prohibits a person from using a mobile telephone or similar device while supervising a holder of a provisional licence at a time when the provisional licence holder is driving a motor vehicle on a road. It is an offence under Article 58 of the Road Traffic (Northern Ireland) Order 1995 to contravene these requirements. Regulation 125A(4) provides a definition of devices that are considered similar to hand-held mobile telephones for the purpose of these Regulations. This definition excludes two-way radios.

Regulation 125A(5) provides that in specific circumstances a person will not be in contravention of the regulation. Where a person makes a call to the emergency services on 999 or 112 in response to a genuine emergency where it is unsafe or impracticable for him (or the provisional licence holder) to cease driving while the call is being made, the regulation is not contravened.