Justice Department Criminal Law Division Circular No: JD/5/2007 Clerks of the District Courts Sheriff Clerks Principal Clerk of Session and Justiciary Association of Chief Police Officers in Scotland Chief Constables Crown Office and Procurator Fiscal Service Scottish Court Service | St Andrew's House Regent Road Edinburgh EH1 3DG Telephone: 0131-244 2214 Fax: 0131-244 2623 Anna.Cossar@scotland.gsi.gov.uk http://www.scotland.gov.uk 21 February 2007 |
Dear Sir/Madam
FIXED PENALTY SYSTEM - INCREASED PENALTIES (INCLUDING ENDORSEMENT) FOR THE OFFENCES OF USING A HAND-HELD PHONE WHILE DRIVING AND FAILING TO HAVE PROPER CONTROL OF A VEHICLE
1. Road Traffic law is reserved and the power to make changes lies with the UK Government. The purpose of this Circular is to alert you to the forthcoming increase in penalties for offences included within the fixed penalty system, in relation to driving while using a hand-held mobile phone and failing to have proper control of a vehicle.
2. Regulation 110 of the Road Vehicles (Construction and Use) Regulations 1986 provides the hand-held phone offence - Regulation 110 is added in SI 2003/2695.
3. Regulation 104 of the Construction and Use Regulations provides the offence of failing to be in a position to have proper control (used, amongst other things, for those who drive poorly and are found to have been using a hands-free phone)
4. Section 26 of the Road Safety Act 2006 (Breach of requirements as to control of vehicle, mobile telephones etc.) provides for the offences to be endorsable offences, carrying 3 penalty points. As endorsable offences, the level of fixed penalty notices issued in relation to these offences will increase from £30 to £60. For cases that reach court, in addition to the penalty points, the penalties will also involve discretionary disqualification and a maximum fine of £1,000 (£2,500 in the case of the driver of a bus/coach or goods vehicle).
5. Section 26 will come into force on 27 February 2007.
6. Please address any enquiries on this circular to me at the above address and telephone number. This circular will also be available on the Scottish Executive website at www.scotland.gov.uk
Yours faithfully
ANNA COSSAR
Policy Advisor