2019 No. 596

Exiting The European Union

Road Traffic

The Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019

Sift requirements satisfied12th March 2019

Made18th March 2019

Laid before Parliament20th March 2019

Coming into force in accordance with regulation 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M1 and section 4(1) and (2) of the Haulage Permits and Trailer Registration Act 2018 M2 (“the 2018 Act”).

The Secretary of State has consulted the persons referred to in section 23 of the 2018 Act.

Annotations:

Marginal Citations

2018 c. 16.

2018 c. 19.

PART 1Introduction

Citation, commencement and extentI11

1

These Regulations may be cited as the Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019.

2

Parts 1 and 4 of these Regulations come into force on the 22nd day after the day on which these Regulations are laid.

3

Parts 2 and 3 of these Regulations come into force on the later of exit day or the 22nd day after the day on which these Regulations are laid.

4

Parts 1 and 4 extend to the United Kingdom.

5

Parts 2 and 3 of these Regulations extend to Northern Ireland only.

PART 2Amendments of primary Northern Ireland legislation

Road Traffic (Northern Ireland) Order 1981I162

The Road Traffic (Northern Ireland) Order 1981 M3 is amended as follows.

I53

In Article 2(2) M4—

a

for the definition of “applicable Community rules” substitute—

“applicable Community rules” means—
a
the Community Drivers' Hours Regulation, including the AETR; and
b
the EU Tachographs Regulation;

b

omit the definition of “relevant Community provision”;

c

insert in the appropriate place in alphabetical order—

“EU Tachographs Regulation” means Regulation (EU) No. 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, as amended from time to time;

I64

In Article 56(6) M5, omit “, any provision made by regulations under Article 83 by way of substitution for or adaptation of those provisions,”.

I75

Omit Article 83.

PART 3Amendments of Northern Ireland secondary legislation

Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996I176

The Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 M6 are amended as follows.

I87

Regulation 2(1) M7 is amended as follows—

a

insert in the appropriate place in alphabetical order—

“the equivalent EU Regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport M8 as it has effect in EU law, as amended from time to time;

b

insert in the appropriate place in alphabetical order—

“the relevant EU type-approval mark”, in relation to recording equipment, means a type-approval mark issued by an EU member State in relation to that type of recording equipment under Article 14 of the equivalent EU Regulation;

c

insert in the appropriate place in alphabetical order—

“the relevant UK type-approval mark”, in relation to recording equipment, means the mark which is “the relevant type-approval mark” in relation to the marking of that equipment, for the purposes of the Motor Vehicles (Type Approval) Regulations 1980 M9;

d

in the definition of “the EU Tachographs Regulation”, omit the words from “as read with” to the end;

F1e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2f

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

I98

In regulation 2A(1)(a) M10, for “under Article 13” substitute “ as required by Article 11A ”.

I109

1

Regulation 3 M11 is amended as follows.

F32

In paragraph (1)(a)(i) after “technical specifications” insert “or the equivalent EU Regulation”;

3

In paragraph (1)(b), at the end insert “ or the equivalent EU Regulation ”.

4

In paragraph (4B), for “a type-approval mark issued under Article 14 of the EU Tachographs Regulation” substitute “ the relevant UK type-approval mark or the relevant EU type-approval mark ”.

I1110

In regulation 3B(5) M12, in the definition of “appropriate type-approval certificate” —

a

in sub-paragraph (a), for paragraph (ii) substitute—

ii
issued under the equivalent EU Regulation;

b

in sub-paragraph (b), in paragraph (ii), for “a contracting third country” substitute “ another contracting country ”.

I1211

1

Regulation 8 M13 is amended as follows.

2

In paragraph (1)—

a

for the words before sub-paragraph (a) substitute “ This Regulation applies to— ”;

b

in sub-paragraph (a), for “the approval” substitute “ the approval by the Department ”;

c

in sub-paragraph (b), for “the approval and nomination” substitute “ the approval and nomination by the Department ”.

3

In paragraph (2), omit “under paragraph (1)”.

Road Transport (Working Time) Regulations (Northern Ireland) 2005I1312

In regulation 3 of the Road Transport (Working Time) Regulations (Northern Ireland) 2005 M14—

a

in paragraphs (1) and (1A), for “a Member State of the European Union” substitute “ the United Kingdom ”;

b

in paragraph (3)(c), for “international transport” substitute “ transport operations wholly or partly outside the United Kingdom ”.

Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009I1813

The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009 M15 are amended as follows.

I1414

1

Regulation 3 M16 is amended as follows.

2

In paragraph (1)—

a

omit “Pursuant to Article 13(1) of the Community Drivers' Hours Regulation,”;

b

for “that Regulation” substitute “the Community Drivers' Hours Regulation”.

3

In paragraph (2)—

a

omit “Pursuant to Article 14(1) of the Community Drivers' Hours Regulation,”;

b

for “that Regulation” substitute “the Community Drivers' Hours Regulation”.

I1515

1

Regulation 5 M17 is amended as follows.

2

In paragraph (1)—

a

omit “Pursuant to Article 3(2) of the EU Tachographs Regulation,”;

b

for “that Regulation” substitute “ the EU Tachographs Regulation ”.

3

In paragraph (2)—

a

omit “Pursuant to Article 3(3) of the EU Tachographs Regulation,”;

b

for “that Regulation” substitute “ the EU Tachographs Regulation ”.

PART 4Amendment of the International Road Transport Permits (EU Exit) Regulations 2018

International Road Transport Permits (EU Exit) Regulations 2018I216

Regulations 28 of the International Road Transport Permits (EU Exit) Regulations 2018 M18 is amended as follows.

I317

In paragraph (2), after “An appeal” insert “ to a traffic commissioner ”.

I418

After paragraph (3), insert—

3A
Where a traffic commission considers it is necessary for a particular case to be dealt with fairly and justly, the traffic commissioner may extend the period of time described in paragraph (3)(b) for a period that the traffic commissioner considers appropriate in the circumstances of the case.

Signed by authority of the Secretary of State for Transport

Jesse Norman Minister of State Department for Transport

(This note is not part of the Regulations)

These Regulations make provision in exercise of the powers in section 8(1) of, and Schedule 7 paragraph 21 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures in Northern Ireland primary and secondary legislation relating to drivers' hours and tachographs to operate effectively (in particular under section 8(2)(a), (b), (c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 1 of the Regulations contains introductory provisions. Part 2 amends Northern Ireland primary legislation, and Part 3 amends Northern Ireland secondary legislation. This legislation was enacted to implement the EU Drivers' Hours Regulation (Regulation (EC) No 561/2006) and the EU Tachographs Regulation (Regulation (EU) No 165/2014). These EU Regulations become retained EU law under the EU Withdrawal Act and are amended for the whole of the UK in the Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019. Those Regulations also contain amendments under section 2(2) of the European Communities Act 1972 (c. 68) (“the ECA”). Equivalent amendments to Northern Ireland legislation are made under the ECA in the Drivers' Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019 No. 12).

These Regulations also make provision in exercise of the powers in sections 4(1) and (2) of the Haulage Permits and Trailer Registration Act 2018 (c. 19). The International Road Transport Permits (EU Exit) Regulations 2018 (“the Permits Regulations”) prohibit an operator from using a goods vehicle registered in the UK for transporting goods on an international journey to, in or through a relevant country or relevant member State without an international road transport permit (“permit”) and require that permit to be carried on the vehicle. The Permits Regulations set out the administrative provisions for applying for and granting a permit; how such applications will be determined; and the information that must be included in a permit. They also set out the circumstances in which a permit may be cancelled, provide for appeals and enable fees to be charged.

M19Part 4 of these Regulations amend the Permits Regulations to correct an error in regulation 28(2) of those Regulations. The time-limit for making an appeal of 20 working days from the day on which the operator was notified of the decision to cancel a permit is amended so that it applies in respect of appeals to a traffic commissioner in Great Britain. The time-limit for making an appeal to the Upper Tribunal is set out in rule 23 of the Tribunal Procedure (Upper Tribunal) Rules 2008 .

The Regulations also amend the Permits Regulations to allow a traffic commissioner to extend the period of time in which an appellant must be informed of the outcome of an appeal, where the traffic commissioner considers it is appropriate to ensure that the appeal is dealt with fairly and justly.

An impact assessment for the Permits Regulations has been produced by the Department for Transport, and is published alongside that instrument on www.legislation.gov.uk. The amendments to the Permits Regulations do not affect the costs as set out in that impact assessment.

An impact assessment has not been produced in relation to Parts 2 and 3 of this instrument as no significant impact in the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.