Road Traffic Act 2006

Penalty point offences.

16.— (1) Section 2(1) of the Act of 2002 is amended by substituting “12, 14 or 19 in column (2) of Part 1 and reference number 1 in column (2) of Part 8 of the First Schedule),” for “12 or 14 in column (2) of Part 1 of the First Schedule),”.

(2) The First Schedule to the Act of 2002 is amended—

(a) in Part 1, by substituting “The offences specified in column (2) of this Part at reference numbers 2, 3, 8, 9, 10, 11, 12, 14 and 19” for “The offences specified in column (2) of this Part at reference numbers 2, 3, 8, 9, 10, 11, 12 and 14”,

(b) in Part 1, by substituting for the matter at reference number 4 the following:

4

Offence under section 38(2)(a)(ii) of Road Traffic Act 1961 (other than in the circumstances referred to in subsection (5)(a) of that subsection)

Driving without a licence

1

3

”.

(c) in Part 1, by inserting after the matter at reference number 17 (inserted by section 22(a) of the Act of 2004) the following:

18

Offence under section 3 (3) of Road Traffic Act 2006

Driving a vehicle while holding a mobile phone

2

4

19

Offence under section 138(3) of Railway Safety Act 2005, tried summarily

Bridge strikes, etc.

3

”.

(d) in Part 2, by deleting paragraphs (6) and (7) and the matter at reference numbers 15, 16, 17, 18, 19 and 20, and

(e) by inserting after Part 5 the following:

“PART 6

Contravention of Regulation 4 of European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005

In this Part, a reference to a Regulation is a reference to a Regulation of the European Communities (Installation and Use of Speed Limitation Devices in Motor Vehicles) Regulations 2005 ( S.I. No. 831 of 2005 ).

Reference Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contravention of Regulation 4

Using vehicle not equipped with a speed limitation device or using a vehicle equipped with a speed limitation device not complying with require-ments specified in Regulation 4, 5 or 6

2

4

PART 7

Contravention of Certain Provisions of European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006

In this Part, a reference to a Regulation is a reference to a Regulation of the European Communities (Compulsory Use of Safety Belts and Child Restraint Systems in Motor Vehicles) Regulations 2006 ( S.I. No. 240 of 2006 ).

Reference

Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contraven-tion by driver of vehicle of Regulation 5(1)

Driver of car or goods vehicle not wearing safety belt

2

4

2

Offence consisting of contraven-tion by driver of vehicle of Regulation 5(2)

Driver permitting person under specified age to occupy a seat when not wearing safety belt

2

4

3

Offence consisting of contraven-tion by driver of vehicle of Regulation 6

Driver of car or goods vehicle permitting child under 3 years of age to travel in it without being restrained by appropriate child restraint

2

4

4

Offence consisting of contraven-tion by driver of vehicle of Regulation 7

Driver of car or goods vehicle permitting child over 3 years of age to travel in it without being restrained by appropriate child restraint

2

4

5

Offence consisting of contraven-tion by driver of vehicle of Regulation 8

Driver of car or goods vehicle permitting child to be restrained by rearward-facing child restraint fitted to a seat protected by active frontal air-bag

2

4

6

Offence consisting of contraven-tion by driver of vehicle of Regulation 9

Driver of bus not wearing safety belt

2

4

PART 8

Contravention of Regulation 19 of European Communities (Vehicle Testing) Regulations 2004

In this Part, a reference to a Regulation is a reference to a Regulation of the European Communities (Vehicle Testing) Regulations 2004 ( S.I. No. 771 of 2004 ).

Reference

Number

Offence

General Description of Offence

Penalty Points on Payment of Fixed Charge

Penalty Points on Conviction

(1)

(2)

(3)

(4)

(5)

1

Offence consisting of contraven- tion of Regulation 19(1) (other than in the circum- stances referred to in paragraph 15 of the Second Schedule to the Road Traffic Act 1961 )

Using vehicle without certificate of roadworth- iness

5

”.