# The Road Traffic Offenders Act 1988 (Penalty Points) (Amendment) Order 2017

S.I. 2017/104 · made 24 January 2017

This Order amends Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 to change the number of penalty points attributable to 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.

Made under: Road Traffic Offenders Act 1988 (Section 28)

PDFs: Printed copy https://openlegislation.uk/road-traffic-offenders-act-1988-penalty-points-amendment-order-2017/pdf/uksi_20170104_en.pdf; UK Explanatory Memorandum https://openlegislation.uk/road-traffic-offenders-act-1988-penalty-points-amendment-order-2017/pdf/uksiem_20170104_en.pdf

## Introductory text

Road Traffic
Made 24th January 2017
Coming into force 1st March 2017
The Secretary of State, in exercise of the powers conferred by section 28(7) of the Road Traffic Offenders Act 1988, makes the following Order.
In accordance with section 28(9) of that Act, a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.

## 1 Citation, commencement and application

(1) This Order may be cited as the Road Traffic Offenders Act 1988 (Penalty Points) (Amendment) Order 2017 and comes into force on 1st March 2017.
(2) This Order does not apply to offences committed before this Order comes into force.

## 2 Amendment of the Road Traffic Offenders Act 1988

In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences under the Traffic Acts), in column 7 of the entry relating to section 41D of the Road Traffic Act 1988, for “3” substitute—
“(a) 3, in the case of an offence under section 41D(a).
(b) 6, in the case of an offence under section 41D(b).”.

## Signature

Signed by authority of the Secretary of State for Transport
Andrew Jones
Parliamentary Under Secretary of State
Department for Transport
24th January 2017

## Explanatory note

(This note is not part of the Order)
This Order amends Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 to change the number of penalty points attributable to 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.
Prior to this Order coming into force, a person committing an offence under this provision would have received three penalty points. A person committing such an offence after this Order comes into force will receive six penalty points.
An impact assessment has been produced and is available from the Road User Licensing, 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.

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Source: https://www.legislation.gov.uk/uksi/2017/104 (the official version)
Page: https://openlegislation.uk/road-traffic-offenders-act-1988-penalty-points-amendment-order-2017
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.