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S.I. No. 93/2002 - Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 2002

Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No. 2) Regulations, 2002

1.   In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 5 and 11 of the Road Traffic Act 1961 (No. 24 of 1961), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) Order 1997, I, Robert Molloy Minister of State at the Department of the Environment and Local Government hereby make the following Regulations.

2.   (1)   These Regulations may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) (Amendment) (No.2) Regulations 2002.

(2)   The Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002 and these Regulations shall be construed as one and may be cited as the Road Traffic (Construction, Equipment and Use of Vehicles) Regulations 1963 to 2002.

3.    In these Regulations:-

“mobile and personal communications systems” means systems consisting of a mobile network infrastructure whether connected or not to public network termination points, to support the transmission and provision of radio telecommunications services to mobile users;

“mobile phone” means any device which is being used directly by a person for the purpose of communication by way of mobile and personal communications systems;

“other similar apparatus” means any device other than a mobile phone, which is being used directly by a person for the purpose of communication by way of radio waves of any frequency, including but not limited to citizen band radio, short range hand held radio communication apparatus and private mobile radio apparatus;

“parked” means parked in such a location and manner that an offence under the Road Traffic Acts is not committed thereby;

4.   The driver of a mechanically propelled vehicle that is in a public place, shall not hold or have on or about their person, a mobile phone or other similar apparatus while in the said vehicle, except when it is parked.

Dated this 19th day of March 2002

Robert Molloy

Minister of State at the Department of the Environment and Local Government.

EXPLANATORY NOTE

(This Note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations prohibit the use of a hand-held mobile phone or similar communications apparatus while driving a mechanically propelled vehicle.