Legislation – Road Safety Act 2006

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Introduction

1 Road safety grants

2 Application of surplus income from safety camera enforcement

3 Graduated fixed penalties

4 Graduated fixed penalty points

5 Giving of fixed penalty notices by vehicle examiners

6 Goods vehicles operator licensing

7 Public passenger vehicle licensing

8 Driving record

9 Unlicensed and foreign drivers

10 All drivers

11 Financial penalty deposits

12 Prohibition on driving: immobilisation, removal and disposal of vehicles

13 High risk offenders: medical enquiries following disqualification

14 Period of endorsement for failure to allow specimen to be tested

15 Alcohol ignition interlocks

16 Experimental period for section 15

17 Penalty points

18 Speed assessment equipment detection devices

19 Exemptions from speed limits

20 Causing death by careless, or inconsiderate, driving

21 Causing death by driving: unlicensed, disqualified or uninsured drivers

22 Offence of keeping vehicle which does not meet insurance requirements

23 Careless, and inconsiderate, driving

24 Breach of requirements relating to children and seat belts

25 Using vehicle in dangerous condition etc.

26 Breach of requirements as to control of vehicle, mobile telephones etc.

27 Power of police to stop vehicle

28 Furious driving

29 Breach of duty to give information as to identity of driver etc.

30 Meaning of driving without due care and attention

31 Extension of offence in section 3A of Road Traffic Act 1988

32 Alternative verdict on unsuccessful culpable homicide prosecution

33 Alternative verdict on unsuccessful manslaughter prosecution

34 Penalty points

35 Reduced disqualification period for attendance on course

36 Driving tests

37 Disqualification until test is passed

38 Granting of full licence

39 Compulsory surrender of old-form licences

40 Fee for renewal of photocard licence and issue of certain alternative licences

41 Driver training

42 Driving instruction

43 Tests: approved assistants

44 Enforcement authorities

45 Registration plates

46 Extension to Scotland and Northern Ireland

47 Particulars to be included in vehicles register

48 Records of goods vehicle examinations

49 Disclosure to foreign authorities of licensing and registration information

49A Disclosure of information relating to foreign-registered vehicles

49B Use of information relating to foreign-registered vehicles

50 Safety arrangements at level crossings

51 Delegation of power to make level crossing orders

52 Immediate suspension and revocation of drivers’ licences

53 Abolition of “contract exemption”

54 Private hire vehicles in London

55 Trunk road picnic areas

56 Vehicles modified to run on fuel stored under pressure

57 Powers to regulate transport of radioactive material

58 Minor corrections

59 Repeals and revocations

60 Power to make amendments

61 Commencement

62 Extent

63 Short title

SCHEDULES

SCHEDULE 1 Giving of fixed penalty notices by vehicle examiners etc.

SCHEDULE 2 Endorsement: unlicensed and foreign drivers

SCHEDULE 3 Endorsement: all drivers

SCHEDULE 4 Prohibition on driving: immobilisation, removal and disposal of vehicles

SCHEDULE 5 New Schedule 2A to the Road Traffic Act 1988

SCHEDULE 6 Driving instruction

SCHEDULE 7 Repeals and revocations

Changes to legislation:

Road Safety Act 2006, Section 26 is up to date with all changes known to be in force on or before 14 December 2025. 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. Help about Changes to Legislation

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Increases in penalties

26Breach of requirements as to control of vehicle, mobile telephones etc.

(1)

Before section 42 of the Road Traffic Act 1988 insert—

“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)

In Schedule 1 to the Road Traffic Offenders Act 1988 (offences to which certain sections apply), before the entry relating to section 42 of the Road Traffic Act 1988 insert—

“RTA section 41D.

Breach of requirements as to control of vehicle, mobile telephones etc.

Sections 11 and 12(1) of this Act.”

(4)

In Part 1 of Schedule 2 to that Act (prosecution and punishment of offences: offences under the Traffic Acts), before the entry relating to section 42 of the Road Traffic Act 1988 (c. 52) insert—

“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)

In Schedule 3 to that Act (fixed penalty offences), before the entry relating to section 42 of the Road Traffic Act 1988 insert—

“RTA section 41D

Breach of requirement as to control of vehicle, mobile telephone etc.”