On Thu, 5 Aug 2010 08:47:07 +0100, Roland Perry
wrote:

In message , at 06:08:00 on
Thu, 5 Aug 2010, Charles Ellson remarked:
The legislation specifically mentions mobile phones, not any other devices

It actually refers to "hand-held mobile telephone or other hand-held
interactive communication device," and "causing or permitting the
driving of a motor vehicle by another person using such a telephone or
other device." .

Umm.. there are more bits to that law some of it related to the
frequency bands the comms device works on.

Those bits are in which section of RTA 1988 ?

There're are aimed at Mobile
cellular phone equipment's and not two way radios which are also comms
devices...

If it was for mobile phones alone then ITYF it would have said so.

The law about driving(qv) while using a mobile phone says:

110. - (1) No person shall drive a motor vehicle on a road if he is
using -

(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4)

...

(4) A device referred to in paragraphs (1)(b), (2)(b) and
(3)(b) is a device, other than a two-way radio, which
performs an interactive communication function by
transmitting and receiving data.

and the devil in the detail:

(6) For the purposes of this regulation -

(a) a mobile telephone or other device is to be treated as hand-held
if it is, or must be, held at some point during the course of
making or receiving a call or performing any other interactive
communication function;

(b) a person supervises the holder of a provisional licence if he
does so pursuant to a condition imposed on that licence holder
prescribed under section 97(3)(a) of the Road Traffic Act 1988
(grant of provisional licence);

(c) "interactive communication function" includes the following:

(i) sending or receiving oral or written messages;
(ii) sending or receiving facsimile documents;
(iii) sending or receiving still or moving images; and
(iv) providing access to the internet;

(d) "two-way radio" means any wireless telegraphy apparatus which is
designed or adapted -

(i) for the purpose of transmitting and receiving spoken
messages; and

(ii) to operate on any frequency other than 880 MHz to 915 MHz,
925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880
MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e) "wireless telegraphy" has the same meaning as in section 19(1)
of the Wireless Telegraphy Act 1949[3]."

It would have helped if you had said that was from SI 2003/2695 ("The
Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations
2003"). However, it is not "the" law but only one of a number of laws
and regulations which can be breached by using different devices (not
being necessary for control of a vehicle) while driving. It does not
endow legality upon the use of other devices excluded by the wording
of the above reg.110 nor does it prevent the option of a driver being
charged with driving without due care and attention.

S.41D (Breach of requirements as to control of vehicle, mobile
telephones etc.) of RTA 1988 is one of four sections following s.41
which select certain breaches of the Road Vehicles (Construction and
Use) Regulations 1986 for independent description as offences (which
appears to be for the purpose of enabling different punishment) but if
those do not apply then s.42 defines breach of any of the rest as an
offence anyway (but not necessarily with the same penalties as apply
to the s.41A-D offences). AFAICT the main difference WRT penalties is
that s.41A-D incur penalty points but s.42 does not.

In message , at 23:47:45 on
Thu, 5 Aug 2010, Charles Ellson remarked:
On Thu, 5 Aug 2010 08:47:07 +0100, Roland Perry
wrote:

In message , at 06:08:00 on
Thu, 5 Aug 2010, Charles Ellson remarked:
The legislation specifically mentions mobile phones, not any other devices

It actually refers to "hand-held mobile telephone or other hand-held
interactive communication device," and "causing or permitting the
driving of a motor vehicle by another person using such a telephone or
other device." .

Umm.. there are more bits to that law some of it related to the
frequency bands the comms device works on.

Those bits are in which section of RTA 1988 ?

There're are aimed at Mobile
cellular phone equipment's and not two way radios which are also comms
devices...

If it was for mobile phones alone then ITYF it would have said so.

The law about driving(qv) while using a mobile phone says:

110. - (1) No person shall drive a motor vehicle on a road if he is
using -

(a) a hand-held mobile telephone; or
(b) a hand-held device of a kind specified in paragraph (4)

...

(4) A device referred to in paragraphs (1)(b), (2)(b) and
(3)(b) is a device, other than a two-way radio, which
performs an interactive communication function by
transmitting and receiving data.

and the devil in the detail:

(6) For the purposes of this regulation -

(a) a mobile telephone or other device is to be treated as hand-held
if it is, or must be, held at some point during the course of
making or receiving a call or performing any other interactive
communication function;

(b) a person supervises the holder of a provisional licence if he
does so pursuant to a condition imposed on that licence holder
prescribed under section 97(3)(a) of the Road Traffic Act 1988
(grant of provisional licence);

(c) "interactive communication function" includes the following:

(i) sending or receiving oral or written messages;
(ii) sending or receiving facsimile documents;
(iii) sending or receiving still or moving images; and
(iv) providing access to the internet;

(d) "two-way radio" means any wireless telegraphy apparatus which is
designed or adapted -

(i) for the purpose of transmitting and receiving spoken
messages; and

(ii) to operate on any frequency other than 880 MHz to 915 MHz,
925 MHz to 960 MHz, 1710 MHz to 1785 MHz, 1805 MHz to 1880
MHz, 1900 MHz to 1980 MHz or 2110 MHz to 2170 MHz; and

(e) "wireless telegraphy" has the same meaning as in section 19(1)
of the Wireless Telegraphy Act 1949[3]."

It would have helped if you had said that was from SI 2003/2695 ("The
Road Vehicles (Construction and Use) (Amendment) (No. 4) Regulations
2003").

You asked for the amended law (although it's The Road Vehicles
(Construction and Use) Regulations 1986, not RTA 1988), so that's what I
gave you. If you wanted to know where they came from, typing a fragment
into Google will take you there. This is Usenet, not a law textbook!

However, it is not "the" law but only one of a number of laws
and regulations which can be breached by using different devices (not
being necessary for control of a vehicle) while driving.

Are there any other laws that define what a mobile phone is for the
purposes of banning driving while using one - I very much doubt it.

It does not endow legality upon the use of other devices excluded by
the wording of the above reg.110

But it means that those excluded devices (largely two-radios) are not
criminalised by this will known and much publicised bit of legislation.
On the other hand, using a phone-in-flight-mode as an MP3 player is
criminalised, whereas using an MP3 player (or iPod or whatever) isn't!

nor does it prevent the option of a driver being
charged with driving without due care and attention.

That has always been the case.

--
Roland Perry