The draft Statutory Instrument exempts a driver from being in contravention of Regulation 110 of the Road Vehicles (Construction and Use) Regulation 1986, when using a hand held device to remote control park their vehicle. The amendment aims to provide clarity for both consumers and law enforcement as to when use of a mobile phone in certain situations can be used.

The regulation prescribes parameters of use when using a remote control parking device and function. Whilst the requirements for the device and function are transposed from the international standard (UNECE Regulation 79.02); we are reporting this regulation as it may create a use standard for vehicles already being sold with the feature that pre-date the international standard, and may operate outside the given parameters.

The Road Vehicles (Construction and Use) (Amendment) Regulations 2018

The draft Statutory Instrument exempts a driver from being in contravention of Regulation 110 of the Road Vehicles (Construction and Use) Regulation 1986, when using a hand held device to remote control park their vehicle (in compliance with the requirements of the section).

The remote control parking device (RCP) falls within the definition of a product under the Directive. As does the vehicle which has the functionality for the RCP built into it.

The draft amendment imposes requirements upon the device, for it to fall within the exemption to the mobile phone driving offence.

The draft regulation amendments states as follows: (see full text enclosed)

(5A) A person does not contravene a provision of this regulation if, at the time of the alleged contravention–

(a) the person is using a hand-held mobile telephone or other hand-held device only to perform a remote controlled parking function of the vehicle; and

(b) the hand-held device only enables the car to move if:

(i) there is continuous activation of the device’s remote control application by the driver; and

(ii) the signal between the vehicle and device is maintained; and

(iii) the distance between the vehicle and device is not more than 6 metres.