Legislation – Road Safety Act 2006
Which version?
Latest available (Revised)
Original (As enacted)
Changes to legislation:
Road Safety Act 2006, Cross Heading: Increases in penalties is up to date with all changes known to be in force on or before 15 April 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Crossheading Increases-in-penalties:
- Sch. 6 para. 8A inserted by 2016 c. 16 s. 3(3)
- Sch. 6 para. 10A inserted by 2016 c. 16 s. 4(2)
- Sch. 6 para. 13(9) inserted by 2016 c. 16 s. 4(5)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 6 para. 8A inserted by 2016 c. 16 s. 3(3)
- Sch. 6 para. 10A inserted by 2016 c. 16 s. 4(2)
- Sch. 6 para. 13(9) inserted by 2016 c. 16 s. 4(5)
Increases in penalties
23Careless, and inconsiderate, driving
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 3 of the Road Traffic Act 1988 (c. 52)
(careless, and inconsiderate, driving), in column (4)
(punishment), for “Level 4” substitute “
.
Level 5
”
24Breach of requirements relating to children and seat belts
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 15(4) of the Road Traffic Act 1988 (driving a motor vehicle in contravention of requirements relating to seat belts where children in rear seat), in column (4)
(punishment), for “Level 1” substitute “
.
Level 2
”
25Using vehicle in dangerous condition etc.
(1)
“(a) Obligatory if committed within three years of a previous conviction of the offender under section 40A.
(b) Discretionary in any other case.”
(2)
“(4B)
Where a person convicted of an offence under section 40A of the Road Traffic Act 1988 (using vehicle in dangerous condition etc.) has within the three years immediately preceding the commission of the offence been convicted of any such offence, subsection (1) above shall apply in relation to him as if the reference to twelve months were a reference to six months.”
26Breach of requirements as to control of vehicle, mobile telephones etc.
(1)
“41DBreach of requirements as to control of vehicle, mobile telephones etc.
A person who contravenes or fails to comply with a construction and use requirement—
(a)
as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position, or
(b)
as to not driving or supervising the driving of a motor vehicle while using a hand-held mobile telephone or other hand-held interactive communication device, or not causing or permitting the driving of a motor vehicle by another person using such a telephone or other device,
is guilty of an offence.”
(2)
In section 42(a) of that Act (breach of other construction and use requirements), before “of” insert “
.
or 41D
”
(3)
“RTA section 41D.
Breach of requirements as to control of vehicle, mobile telephones etc.
Sections 11 and 12(1) of this Act.”
(4)
“RTA section 41D
Breach of requirements as to control of vehicle, mobile telephones etc.
Summarily.
(a) Level 4 on the standard scale if committed in respect of a goods vehicle or a vehicle adapted to carry more than eight passengers.
(b) Level 3 on the standard scale in any other case.
Discretionary.
Obligatory.
3.”
(5)
“RTA section 41D
Breach of requirement as to control of vehicle, mobile telephone etc.”
27Power of police to stop vehicle
(prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 163 of the Road Traffic Act 1988 (failing to stop mechanically propelled vehicle or cycle when required to do so), in column (4)
(punishment), for “Level 3 on the standard scale.” substitute—
“(a) Level 5 on the standard scale if committed by a person driving a mechanically propelled vehicle.
(b) Level 3 on the standard scale if committed by a person riding a cycle.”and, in column (2)
(general nature of offence), for “motor” substitute
“.
mechanically propelled
”
28Furious driving
“An offence under section 35 of the Offences against the Person Act 1861 (furious driving).
Discretionary.
Obligatory if committed in respect of a mechanically propelled vehicle.
3-9”
29Breach of duty to give information as to identity of driver etc.
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53)
(prosecution and punishment of offences: offences under the Traffic Acts), in the entry relating to section 172 of the Road Traffic Act 1988 (c. 52)
(duty to give information as to identity of driver etc. in certain circumstances), in column (7)
(penalty points), for “3” substitute “
.
6
”