3.— (1) A person shall not while driving a mechanically propelled vehicle F1[, or a powered personal transporter,] in a public place hold a mobile phone.

(2) Subsection (1) does not apply to a member of the Garda Síochána, an ambulance service or a fire brigade of a fire authority (within the meaning of the Fire Services Act 1981) who is acting in the course of his or her duties and holding a mobile phone in relation to the performance of his or her duties.

(3) A person who contravenes subsection (1) is guilty of an offence.

(4) The Minister may, to avoid the impairment or interference with the driving capacity or capabilities of the driver of a mechanically propelled vehicle, make regulations in relation to the restriction or prohibition in mechanically propelled vehicles in public places of the use of—

(a) a mobile phone (other than in the circumstances referred to in subsection (1) ),

(b) an in-vehicle communication device,

(c) information equipment, or

(d) entertainment equipment.

F2[(4A) The Minister may, to avoid the impairment of, or interference with, the driving capacity or capabilities of a driver of a powered personal transporter, make regulations in relation to the restriction or prohibition while driving a powered personal transporter in a public place of the use of—

(a) a mobile phone (other than in the circumstances referred to in subsection (1)),

(b) information equipment, or

(c) entertainment equipment.]

(5) Different regulations may be made under F3[subsection (4) or (4A)] for different classes of cases coming within the same class of equipment or for different classes of vehicles F4[or transporters] in relation to such equipment or different classes of persons.

(6) A person who contravenes or fails to comply with regulations made under F5[subsection (4) or (4A)] is guilty of an offence.

(7) It is a defence for a person charged with an offence under subsection (3) , in relation to holding a mobile phone while driving a mechanically propelled vehicle F6[or powered personal transporter], or under subsection (6), in relation to the use of a mobile phone or an in-vehicle communication device, to show that he or she was—

(a) using it to call the Garda Síochána, an ambulance, fire or other emergency service on numbers prescribed for such service, or

(b) involved in or acting in response to a genuine emergency.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding €2,000.

(9) In this section—

“hands-free device” means a device designed so that when used in conjunction with a mobile phone there is no need for the user to hold the phone by hand;

“hold”, in relation to a mobile phone, means holding the phone by hand or supporting or cradling it with another part of the body;

“interactive communication function” includes—

(a) sending or receiving oral or written messages,

(b) sending or receiving facsimile documents,

(c) sending or receiving still or moving images, or

(d) providing access to the internet;

“in-vehicle communication device” means a communication device designed or adapted to be attached to or integrated into a mechanically propelled vehicle or which may be used in or on such a vehicle and with which a person is capable of making or receiving a call or performing an interactive communication function and includes a two-way radio;

“mobile phone” means a portable communication device, other than a two-way radio, with which a person is capable of making or receiving a call or performing an interactive communication function, but for the purposes of subsection (1) does not include a hands-free device;

“portable” in relation to a mobile phone, means the phone is designed or adapted to be carried by a person;

“two-way radio” means an apparatus for wireless telegraphy which is designed or adapted for the purpose of transmitting or receiving spoken words or messages between a person and another, using a frequency other than a frequency used by a mobile phone.