2022/7001/XI
EC/EFTA
GB Vereinigtes Königreich
  • B00 - BAUWESEN
2022-04-14
2022-01-14

The draft Regulation exempts a driver from being in contravention of Regulation 125A of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 when using a hand held device to remote control park their vehicle. The amendment aims to provide clarity for both consuners and law enforcement as to when a mobile device can be used in certain situations.

The Motor Vehicles (Construction and Use) (Amendment) Regulations (Northern Ireland) 2022

This Regulation exempts a driver from being in contravention of Regulation 125A of the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 when using a hand held device to remote control park their vehicle.

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 amendment states as follows:
(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.