Transport Act 1968

Part VIU.K. Drivers’ Hours

Modifications etc. (not altering text)

C1Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3

C2Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)

95 Vehicles and drivers subject to control under Part VI.E+W+S

(1)This Part of this Act shall have effect with a view to securing the observance of proper hours [F1or periods] of work by persons engaged in the carriage of passengers or goods by road and thereby protecting the public against the risks which arise in cases where the drivers of motor vehicles are suffering from fatigue. [F2but the Secretary of State may by regulations make such provision by way of substitution for or adaptation of the provisions of this Part, or supplemental or incidental to this Part, as he considers necessary or expedient to take account of the operation of any relevant Community provision.

(1A)Regulations under subsection (1) above may in particular—

(a)substitute different requirements for the requirements of the domestic drivers’ hours code or add to, make exceptions from or otherwise modify any of the requirements of that code;

(b)apply to journeys and work to which no relevant Community provision applies;

(c)include provision as to the circumstances in which a period of driving or duty to which a relevant Community provision or the domestic drivers’ hours code applies is to be included or excluded in reckoning any period for purposes of the domestic drivers’ hours code or any relevant Community provision respectively; and

(d)may contain such transitional, supplemental or consequential provisions as the Secretary of State thinks necessary or expedient]

(2)This Part of this Act applies to—

(a)passenger vehicles, that is to say—

(i)public service vehicles; and

(ii)motor vehicles (other than public service vehicles) constructed or adapted to carry more than twelve passengers;

(b)goods vehicles, that is to say—

(i)heavy locomotives, light locomotives, motor tractors and any motor vehicle so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle; and

(ii)motor vehicles (except those mentioned in paragraph (a) of this subsection) constructed or adapted to carry goods other than the effects of passengers.

(3)This Part of this Act applies to any such person as follows (in this Part of this Act referred to as “a driver”), that is to say—

(a)a person who drives a vehicle to which this Part of this Act applies in the course of his employment (in this Part of this Act referred to as “an employee-driver”); and

(b)a person who drives such a vehicle for the purposes of a trade or business carried on by him (in this Part of this Act referred to as “an owner-driver”);

and in this Part of this Act references to driving by any person are references to his driving as aforesaid.

Textual Amendments

Modifications etc. (not altering text)

C3S. 95 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

96 Permitted driving time and periods of duty. E+W+S

(1)Subject to the provisions of this section, a driver shall not on any working day drive a vehicle or vehicles to which this Part of this Act applies for periods amounting in the aggregate to more than ten hours.

(2)Subject to the provisions of this section, if on any working day a driver has been on duty for a period of, or for periods amounting in the aggregate to, five and a half hours and—

(a)there has not been during that period, or during or between any of those periods, an interval of not less than half an hour in which he was able to obtain rest and refreshment; and

(b)the end of that period, or of the last of those periods, does not mark the end of that working day,

there shall at the end of that period, or of the last of those periods, be such an interval as aforesaid.

(3)Subject to the provisions of this section, the working day of a driver—

(a)except where paragraph (b) or (c) of this subsection applies, shall not exceed eleven hours;

(b)if during that day he is off duty for a period which is, or periods which taken together are, not less than the time by which his working day exceeds eleven hours, shall not exceed twelve and a half hours;

(c)if during that day—

(i)all the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more express carriages or contract carriages; and

(ii)he is able for a period of not less than four hours to obtain rest and refreshment,

shall not exceed fourteen hours.

(4)Subject to the provision of this section, there shall be, between any two successive working days of a driver, an interval for rest which—

(a)subject to paragraph (b) of this subsection, shall not be of less than eleven hours;

(b)if during both those days all or the greater part of the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more passenger vehicles, may, on one occasion in each working week, be of less than eleven hours but not of less than nine and a half hours;

and for the purposes of this Part of this Act a period of time shall not be treated, in the case of an employee-driver, as not being an interval for rest by reason only that he may be called upon to report for duty if required.

(5)Subject to the provisions of this section a driver shall not be on duty in any working week for periods amounting in the aggregate to more than sixty hours.

(6)Subject to the provisions of this section, there shall be, in the case of each working week of a driver, a period of not less than twenty-four hours for which he is off duty, being a period either falling wholly in that week or beginning in that week and ending in the next week; but—

(a)where the requirements of the foregoing provisions of this subsection have been satisfied in the case of any week by reference to a period ending in the next week, no part of that period (except any part after the expiration of the first twenty-four hours of it) shall be taken into account for the purpose of satisfying those requirements in the case of the next week; and

(b)those requirements need not be satisfied in the case of any working week of a driver who on each working day falling wholly or partly in that week drives one or more stage carriages if that week is immediately preceded by a week in the case of which those requirements have been satisfied as respects that driver or during which he has not at any time been on duty.

(7)If in the case of the working week of any driver the following requirement is satisfied, that is to say, that, in each of the periods of twenty-four hours beginning at midnight which make up that week, the driver does not drive a vehicle to which this Part of this Act applies for a period of, or periods amounting in the aggregate to, more than four hours, the foregoing provisions of this section shall not apply to him in that week, except that the provisions of subsections (1), (2) and (3) shall nevertheless have effect in relation to the whole of any working day falling partly in that week and partly in a working week in the case of which that requirement is not satisfied.

(8)If on any working day a driver does not drive any vehicle to which this Part of this Act applies—

(a)subsections (2) and (3) of this section shall not apply to that day, and

(b)the period or periods of duty attributable to that day for the purposes of subsection (5) of this section shall, if amounting to more than eleven hours, be treated as amounting to eleven hours only.

(9)For the purposes of subsections (1) and (7) of this section no account shall be taken of any time spent driving a vehicle elsewhere than on a road if the vehicle is being so driven in the course of operations of agriculture or forestry.

[F3For the purposes of subsections (1) and (7) of section 96 no account shall be taken of any time spent in driving a goods vehicle elsewhere than on a road if the vehicle is being so driven in the course of [F4operations of quarrying or of] carrying out any work in the construction, reconstruction, alteration, extension or maintenance of, or of a part of, a building, or of any other fixed works of construction or civil engineering (including works for the construction, improvement or maintenance of a road) and, for the purposes of this exemption where the vehicle is being driven on, or on a part of a road in the course of carrying out any work for the improvement or maintenance of, or of that part of, that road, it shall be treated as if it were being driven elsewhere than on a road.]

(10)For the purpose of enabling drivers to deal with cases of emergency or otherwise to meet a special need, the Minister may by regulations—

(a)create exemptions from all or any of the requirements of subsections (1) to (6) of this section in such cases and subject to such conditions as may be specified in the regulations;

(b)empower the traffic [F5commissioner] for any area, subject to the provisions of the regulations—

(i)to dispense with the observance of all or any of those requirements (either generally or in such circumstances or to such extent as the [F5commissioner thinks] fit) in any particular case for which provision is not made under paragraph (a) of this subsection;

(ii)to grant a certificate (which, for the purposes of any proceedings under this Part of this Act, shall be conclusive evidence of the facts therein stated) that any particular case falls or fell within any exemption created under the said paragraph (a);

and regulations under this subsection may enable any dispensation under paragraph (b)(i) of this subsection to be granted retrospectively and provide for a document purporting to be a certificate granted by virtue of paragraph (b)(ii) of this subsection to be accepted in evidence without further proof.

(11)If any of the requirements of [F6the domestic drivers’ hours code], is contravened in the case of any driver—

(a)that driver; and

(b)any other person (being that driver’s employer or a person to whose orders that driver was subject) who caused or permitted the contravention,

shall be liable on summary conviction to a fine not exceeding [F7level 4 on the standard scale]; but a person shall not be liable to be convicted under this subsection if he proved to the court—

(i)that the contravention was due to unavoidable delay in the completion of a journey arising out of circumstances which he could not reasonably have foreseen; or

(ii)in the case of a person charged under paragraph (b) of this subsection, that the contravention was due to the fact that the driver had for any particular period or periods driven or been on duty otherwise than in the employment of that person or, as the case may be, otherwise than in the employment in which he is subject to the orders of that person, and that the person charged was not, and could not reasonably have become, aware of that fact.

[F8(11A)Where, in the case of a driver F9 of a motor vehicle, there is in Great Britain a contravention of any requirement of [F10the applicable Community rules] as to periods of driving, or distance driven, or periods on or off duty, then the offender and any other person (being the offender’s employer or a person to whose orders the offender was subject) who caused or permitted the contravention shall be liable on summary conviction to a fine not exceeding [F7level 4 on the standard scale]]

[F11(11B)But a person shall not be liable to be convicted under subsection (11A) if—

(a)he proves the matters specified in paragraph (i) of subsection (11); or

(b)being charged as the offender’s employer or a person to whose orders the offender was subject, he proves the matters specified in paragraph (ii) of that subsection]

(12)The Minister may by order—

(a)direct that subsection (1) of this section shall have effect with the substitution for the reference to ten hours of a reference to nine hours, either generally or with such exceptions as may be specified in the order;

(b)direct that paragraph (a) of subsection (3) of this section shall have effect with the substitution for the reference to eleven hours of a reference to any shorter period, or remove, modify or add to the provisions of that subsection containing exceptions to the said paragraph (a);

(c)remove, modify or add to any of the requirements of subsections (2), (4), (5) or (6) of this section or any of the exemptions provided for by subsections (7), (8) and (9) thereof;

and any order under this subsection may contain such transitional and supplementary provisions as the Minister thinks necessary or expedient, including provisions amending any definition in section 103 of this Act which is relevant to any of the provisions affected by the order.

[F12(13)In this Part of this Act “the domestic driver’s hours code” means the provisions of subsections (1) to (6) of this section as for the time being in force (and, in particular, as modified, added to or substituted by or under any instrument in force under section 95(1) of this Act or subsection (10) or (12) of this section)]

Textual Amendments

F3Exemption added by S.I. 1970/257, art. 4

F4Words inserted by S.I. 1971/818, art. 5(b)

F9Words repealed by S.I. 1986/1457, reg. 2

Modifications etc. (not altering text)

C4Power to restrict s. 96 conferred by Energy Act 1976 (c. 76), s. 4(2), Sch. 1 para. 3

[F1397 Installation and use of recording equipment.E+W+S

[F14(1)No person shall use, or cause or permit to be used, a vehicle to which this section applies

[F15(a)unless there is in the vehicle recording equipment which—

(i)has been installed in accordance with the Community Recording Equipment Regulation;

(ii)complies with Annexes I and II to that Regulation; and

(iii)is being used as provided by [F16Articles 13 to 15] of that Regulation;][F17, or]

[F17(b)in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the Community Recording Equipment Regulation;]

and any person who contravenes this subsection shall be liable on summary conviction to a fine not exceeding [F18level 5] on the standard scale.]

[F19(1A)A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the Community Recording Equipment Regulation.]

(2)A person shall not be liable to be convicted under subsection (1) [F20(a)] of this section if he proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with the requirements of Annexes I and II of the Community Recording Equipment Regulation was to be installed in the vehicle in accordance with that Regulation.

(3)A person shall not be liable to be convicted under subsection (1) [F20(a)] of this section by reason of the recording equipment installed in the vehicle in question not being in working order if he proves to the court that—

(a)it had not become reasonably practicable for the equipment to be repaired by an approved fitter or workshop; and

(b)the requirements of [F21Article 16(2)] of the Community Recording Equipment Regulation were being complied with.

(4)A person shall not be liable to be convicted under subsection (1) [F20(a)] of this section by reason of any seal on the recording equipment installed in the vehicle in question not being intact if he proves to the court that—

(a)the breaking or removal of the seal could not have been avoided;

(b)it had not become reasonably practicable for the seal to be replaced by an approved fitter or workshop; and

(c)in all other respects the equipment was being used as provided by [F22Articles 13 to 15] of the Community Recording Equipment Regulation.

(5)For the purposes of this section recording equipment is used as provided by [F22Articles 13 to 15] of the Community Recording Equipment Regulation if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

(6)This section applies at any time to any vehicles to which this Part of this Act applies if, at that time, Article 3 of the Community Recording Equipment Regulation requires recording equipment to be installed and used in that vehicle; and in this section and sections 97A and 97B of this Act any expression which it is also used in that Regulation has the same meaning as in that Regulation.

(7)In this Part of this Act—

  • [F23“the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 of 20th December 1985 on recording equipment in road transport as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986;]

  • “recording equipment” means equipment for recording information as to the use of a vehicle.]

Textual Amendments

F13Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F15By S.I. 1989/2121, art. 2(2) it is provided that in s. 97(1) the words from “unless" to the end of paragraph (c) shall become paragraph(a), with paragraphs (a), (b) and (c) becoming sub-paragraphs “(i)", “(ii)" and “(iii)" of that paragraph

F16Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F17S. 97(1)(b) and word “or" preceding it inserted by S.I. 1989/2121, art. 2(2)

F18Words substituted by S.I. 1989/2121, art. 2(2)

F20 “(a)" inserted by S.I. 1989/2121, art. 2(4)

F21Words substituted by S.I. 1986/1457, reg. 3(3)(b)

F22Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F23Definition substituted by S.I. 1986/1457, reg. 3(1)(2)(a)

[F2497A Provisions supplementary to section 97.E+W+S

(1)If an employed [F25driver] of a vehicle to which section 97 of this Act applies fails—

(a)without reasonable excuse to return any record sheet which relates to him to his employer within twenty-one days of completing it; or

(b)where he has two more employers by whom he is employed as a [F25driver] of such a vehicle, to notify each of them of the name and address of the other or others of them,

he shall be liable on summary conviction to a fine not exceeding [F26level 4 on the standard scale].

(2)If the employer of [F27drivers] of a vehicle to which section 97 of this Act applies fails without reasonable excuse to secure that they comply with subsection (1)(a) of this section, he shall be liable on summary conviction to a fine not exceeding [F26level 4 on the standard scale].

(3)Where a [F25driver] of a vehicle to which section 97 or this Act applies has two of more employers by whom he is employed as a crew member of such a vehicle, subsection (1)(a) and subsection (2) of this section shall apply as if any reference to his employer, or any reference which is to be construed as such a reference, were a reference to such of those employers as was the first to employ him in that capacity.]

Textual Amendments

F24Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F25Word substituted by S.I. 1986/1457, reg. 3(3)(c)

F26Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (S.) (1.4.1996) that s. 97A(1)(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £200.

F27Word substituted by S.I. 1986/1457, reg. 3(3)(d)

Modifications etc. (not altering text)

C6S. 97A applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7); S.I. 1994/2850, art. 3(a), Sch. 2

[F2897AA Forgery, etc of seals on recording equipmentE+W+S

(1)A person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 of this Act applies, shall be guilty of an offence.

(2)A person guilty of an offence under subsection (1) above shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years, or

(b)on summary conviction, to a fine not exceeding the statutory maximum.

(3)In the application of this section to England and Wales a person “forges” a seal if he makes a false seal in order that it may be used as genuine.]

Textual Amendments

F28S. 97AA inserted (23.11.1989) by S.I. 1989/2121, arts. 1, 3

[F2997B

(1)Where recording equipment is installed in a vehicle to which this Part of this Act applies, any record produced by means of the equipment shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of matters appearing from the record.

(2)Any entry made on a record sheet by a [F30driver] for the purposes of [F31Article 15(2) or (5) or 16(2)] of the Community Recording Equipment Regulation shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of matters appearing from that entry.]

Textual Amendments

F29Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F30Word substituted by S.I. 1986/1457, reg. 3(3)(e)

F31Words substituted by S.I. 1986/1457, reg. 3(3)(e)

Modifications etc. (not altering text)

C7S. 97B applied (with modifications) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

98 Written records.E+W+S

(1)The Minister may make regulations—

(a)for requiring drivers to keep, and employers of employee-drivers to cause to be kept, in such books as may be specified in the regulations records with respect to such matters relevant to the enforcement of this Part of this Act as may be so specified; and

(b)for requiring owner-drivers and the employers of employee-drivers to maintain such registers as may be so specified with respect to any such books as aforesaid which are in their possession or in that of any employee-drivers in their employment.

(2)Regulations under this section may contain such supplementary and incidental provisions [F32including provisions supplementary and incidental to the requirements of [F33the applicable Community rules] as to [F34books, records or documents]] as the Minister thinks necessary or expedient, including in particular provisions—

(a)specifying the person or persons from whom books and registers required for the purposes of the regulations [F32or of [F33the applicable Community rules]] are to be obtained and, if provision is made for them to be obtained from the Minister, charging a fee for their issue by him (which shall be payable into the Consolidated Fund);

(b)as to the form and manner of making of entries in such books and registers;

(c)as to the issue by and return to the employers of employee-drivers of books required to be kept by the latter for the purposes of the regulations;

(d)requiring any book in current use for the purposes of the regulations to be carried on, or by the driver of, any vehicle, as to the preservation of any books and registers used for those purposes, and otherwise as to the manner in which those books and registers are to be dealt with;

(e)for exemptions from all or any of the requirements of the regulations in respect of drivers of small goods vehicles as defined in section 103(6) of this Act and for other exemptions from all or any of those requirements.

[F35(2A)The requirements of regulations made under this section shall not apply as respects the driving of a vehicle to which section 97 of this Act applies and in relation to which subsection (1)(b) of that section has come into force.]

(3)Subject to the provisions of any regulations made by the Minister, the traffic [F36commissioner] for any area may dispense with the observance by any employee-driver or his employer, or by any owner-driver, of any requirement imposed under this section, either generally or in such circumstances or to such extent as the [F37commissioner thinks] fit, but the traffic [F36commissioner] shall not grant such a dispensation unless satisfied that it is not reasonably practicable for the requirement dispensed with to be observed.

(4)Any person who contravenes any regulations made under this section [F38or any requirement as to [F34books, records or documents] of [F33the applicable Community rules]] shall be liable on summary conviction to a fine not exceeding [F39level 4 on the standard scale], but the employer of an employee-driver shall not be liable to be convicted under this subsection by reason of contravening any such regulation whereby he is required to cause any records to be kept if he proved to the court that he has given proper instructions to his employees with respect to the keeping of the records and has from time to time taken reasonable steps to secure that those instructions are being carried out.

[F40(4A)A person shall not be liable to be convicted under subsection (4) of this section by reason of contravening any regulation made under this section if he proves to the court that, if the vehicle in question had been such a vehicle as is mentioned in subsection (2A) of this section, there would have been no contravention of the provisions of this Part of this Act so far as they relate to the use of such vehicles.]

(5)Any entry made by an employee-driver for the purposes of regulations under this section [F38or of [F33the applicable Community rules]] shall, in any proceedings under this Part of this Act, be admissible in evidence against his employer.

Textual Amendments

Modifications etc. (not altering text)

C8S. 98 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

99 Inspection of records and other documents. E+W+S

(1)An officer may, on production if so required of his authority, require any person to produce, and permit him to inspect and copy—

(a)any book or register which that person is required by regulations under section 98 of this Act to carry or have in his possession for the purpose of making in it any entry required by those regulations or which is required under those regulations to be carried on any vehicle of which that person is the driver;

(b)any F41, book or register which that person is required by regulations under section F41 98 of this Act to preserve;

[F42(bb)any record sheet which that person is required by [F43Article 14(2)] of the Community Recording Equipment Regulation to retain or by [F43Article 15(7)] of that Regulation to be able to produce;]

(c)if that person is the owner of a vehicle to which this Part of this Act applies, any other document of that person which the officer may reasonably acquire to inspect for the purpose of ascertaining whether the provisions of this Part of this Act or of regulations made thereunder have been complied with;

[F44(d)any F45 book, register or document required by [F46the applicable Community rules] or which the officer may reasonably require to inspect for the purpose of ascertaining whether the requirements of [F46the applicable Community rules] have been complied with];

and that record [F47sheet], book, register or document shall, if the officer so requires by notice in writing served on that person, be produced at the office of the traffic [F48commissioner] specified in the notice within such time (not being less than ten days) from the service of the notice as may be so specified.

(2)An officer may, on production if so required of his authority—

[F49(a)at any time, enter any vehicle to which this Part of this Act applies and inspect that vehicle and any recording equipment installed in it and inspect and copy any record sheet on the vehicle on which a record has been produced by means of the equipment or an entry has been made;]

(b)at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that such a vehicle is kept or that any such [F50record sheets], books, registers or other documents as are mentioned in subsection (1) of this section are to be found, and inspect any such vehicle, and inspect and copy any such record [F51sheet], book, register or document, which he finds there.

(3)For the purpose of exercising his powers under subsection (2)(a) and, in respect of a document carried on, or by the driver of, a vehicle, under subsection (1)(a) [F52or (d)] of this section, an officer may detain the vehicle in question during such time as is required for the exercise of that power.

(4)Any person who—

(a)fails to comply with any requirement under subsection (1) of this section; or

(b)obstructs an officer in the exercise of his powers under subsection (2) or (3) of this section,

shall be liable on summary conviction to a fine not exceeding [F53level 3 on the standard scale].

[F54(4A)A person shall not be liable to be convicted under subsection (4) of this section by reason of failing to comply with any requirement under subsection (1)(a) or (b) of this section if he proves to the court that, if the vehicle in question had been such a vehicle as is mentioned in section 98(2A) of this Act, there would have been no contravention of the provisions of this Part of this Act so far as they relate to the use of such vehicles.]

(5)Any person who makes, or causes to be made, [F55any record or entry on a record sheet kept or carried for the purposes of the Community Recording Equipment Regulation or] section 97 of this Act or any entry in a [F56book, register or document kept or carried] for the purposes of regulations under section 98 thereof [F57or [F46the applicable Community rules]] which he knows to be false or, with intent to deceive, alters or causes to be altered any such record or entry shall be liable—

(a)on summary conviction, to a fine not exceeding £200;

(b)on conviction on indictment, to imprisonment for a term not exceeding two years.

(6)If an officer has reason to believe that an offence under subsection (5) of this section has been committed in respect of any record or document inspected by him under this section, he may seize that record or document; and where a record or document is seized as aforesaid and within six months of the date on which it was seized no person has been charged since that date with an offence in relation to that record or document under that subsection and the record or document has not been returned to the person from whom it was taken, a magistrate’s court shall, on an application made for the purpose by that person or by an officer, make such order respecting the disposal of the record or document and award such costs as the justice of the case may require.

(7)Any proceedings in Scotland under subsection (6) of this section shall be taken by way of summary application in the sheriff court; and in the application of that subsection to Scotland references to costs shall be construed as references to expenses.

(8)In this section “officer” means a certifying officer appointed under Part III of the Act of 1960, a public service vehicle examiner, an examiner appointed under [F58section 68 of the Road Traffic Act 1988] and any person authorised for the purposes of this section by the traffic [F59commissioner] for any area.

(9)The powers conferred by this section on an officer as defined in subsection (8) of this section shall be exercisable also by a police constable, who shall not, if wearing uniform, be required to produce any authority.

(10)In this section references to the inspection and copying of any record produced by means of equipment installed for the purposes of section 97 of this Act in a vehicle include references to the application to the record of any process for eliciting the information recorded thereby and to taking down the information elicited from it.

Textual Amendments

F41Words repealed by S.I. 1979/1746, reg. (3)(3)(a)

F43Words substituted by S.I. 1986/1457, reg. 3(3)(f)

F47Word inserted by S.I. 1979/1746, reg. (3)(3)(c)

F49S. 99(2)(a) substituted by S.I. 1979/1746, reg. 3(4)(a)

F50Words substituted by S.I. 1979/1746, reg. 3(4)(b)

F51Word inserted by S.I. 1979/1746, reg. 3(4)(b)

F55Words substituted by S.I. 1979/1746, reg. 3(6)

Modifications etc. (not altering text)

Yn ddilys o 01/02/2001

[F6099A Power to prohibit driving of vehicle.E+W+S

(1)If—

(a)the driver of a UK vehicle obstructs an authorised person in the exercise of his powers under subsection (2) or (3) of section 99 of this Act or fails to comply with any requirement made by an authorised person under subsection (1) of that section,

(b)it appears to an authorised person that, in relation to a UK vehicle or its driver, there has been a contravention of any of the provisions of—

(i)sections 96 to 98 of this Act and any orders or regulations under those sections, or

(ii)the applicable Community rules,

or that there will be such a contravention if the vehicle is driven on a road, or

(c)it appears to an authorised person that an offence under section 99(5) of this Act has been committed in respect of a UK vehicle or its driver,

the authorised person may prohibit the driving of the vehicle on a road either for a specified period or without limitation of time.

(2)Where an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.

(3)On imposing a prohibition under subsection (1) of this section, the authorised person shall give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a), (b) or (c) of that subsection) in consequence of which the prohibition is imposed and stating whether it is imposed only for a specified period (and if so specifying the period) or without limitation of time.

(4)Any direction under subsection (2) of this section may be given—

(a)in the notice under subsection (3) of this section, or

(b)in a separate notice in writing given to the driver of the vehicle.

(5)In this section—

  • “authorised person” means—

    (a)

    an examiner appointed by the Secretary of State under section 66A of the M1Road Traffic Act 1988, or

    (b)

    a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police;

  • “UK vehicle” means a vehicle registered under the M2Vehicle Excise and Registration Act 1994.]

Textual Amendments

F60Ss. 99A-99C inserted (1.2.2001) by 2000 c. 38, s. 266; S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

Marginal Citations

Yn ddilys o 01/02/2001

F6199B Duration and removal of prohibition.E+W+S

(1)Subject to any exemption granted under subsection (2) of this section, a prohibition under subsection (1) of section 99A of this Act shall come into force as soon as notice of it has been given in accordance with subsection (3) of that section and shall continue in force—

(a)until it is removed under subsection (3) of this section, or

(b)in the case of a prohibition imposed for a specified period, until it is removed under that subsection or that period expires, whichever first occurs.

(2)Where notice of a prohibition has been given under section 99A(3) of this Act in respect of a vehicle, an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purposes as may be specified in the exemption may be granted by any authorised person.

(3)A prohibition under section 99A(1) of this Act may be removed by any authorised person, if he is satisfied that appropriate action has been taken to remove or remedy the circumstances (as mentioned in paragraph (a), (b) or (c) of section 99A(1) of this Act) in consequence of which the prohibition was imposed; and on doing so the authorised person shall give notice in writing of the removal of the prohibition to the driver of the vehicle.

(4)In this section, “authorised person” has the same meaning as in section 99A of this Act.

Textual Amendments

F61Ss. 99A-99C inserted (1.2.2001) by 2000 c. 38, s. 266; S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

Yn ddilys o 01/02/2001

F6299C Failure to comply with prohibition.E+W+S

Any person who—

(a)drives a vehicle on a road in contravention of a prohibition imposed under section 99A(1) of this Act,

(b)causes or permits a vehicle to be driven on a road in contravention of such a prohibition, or

(c)refuses or fails to comply within a reasonable time with a direction given under section 99A(2) of this Act,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F62Ss. 99A-99C inserted (1.2.2001) by 2000 c. 38, s. 266; S.I. 2001/57, art. 3, Sch. 2 Pt. I (subject to transitional provision and saving in Sch. 2 Pt. II)

100 Power to give effect to international agreements. U.K.

(1)The Minister may by order make, in relation to Great Britain, such provision as appears to him to be requisite for enabling the United Kingdom to become a party to any international agreement relating to the drivers or crews of vehicles used on international journeys, and, without prejudice to the generality of the foregoing provisions of this subsection, an order under this subsection may—

(a)modify or exclude any of the provisions contained in or having effect under this Part of this Act or contained in or having effect under any other enactment passed before or after this Act;

(b)provide for exemptions from all or any of the provisions of the order;

(c)provide for the punishment of contraventions of any provision of the order;

(d)contain such supplementary, incidental or consequential provisions as appear to the Minister to be necessary or expedient.

(2)The Governor of Northern Ireland may, by Order in the Privy Council of Northern Ireland, make provision in relation to Northern Ireland for any purpose for which provision may be made in relation to Great Britain under subsection (1) of this section, and in relation to any such Order the provisions of that subsection shall apply accordingly as if for references to the Minister there were substituted references to the Governor of Northern Ireland; and any such Order may authorise the Ministry of Home Affairs for Northern Ireland to make regulations for any of the purposes of the Order.

Modifications etc. (not altering text)

C10Reference to the making of an Order in Council by the Governor of Northern Ireland to be construed as a reference to the making of an order by the Secretary of State: Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 5 para. 4(2)

C11Functions of Privy Council of Northern Ireland transferred to Secretary of State: S.I. 1973/2163, arts. 1(4), 2(5)

C12Functions of Ministry of Home Affairs for Northern Ireland transferred to Department of Finance and Personel for Northern Ireland: S.R. & O. 1973/504 and S.I.1982/338 (N.I.6), art. 3

C13S. 100 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

101 Orders and regulations under Part VI. U.K.

(1)In relation to orders or regulations made under this Part of this Act, the provisions of this section shall have effect in addition to the provisions of section 157 of this Act.

(2)Any order or regulations under this Part of this Act may make different provision for different classes of case.

(3)No order shall be made under section 96(12) or 100(1) of this Act unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament; and any regulations made under this Part of this Act (except regulations made [F63under section 95(1) or] by virtue of an Order under section 100(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F64(3A)No regulations shall be made under section 95(1) of this Act unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.]

(4)No recommendation shall be made to the Governor of Northern Ireland in Council to make an Order under subsection (2) of section 100 of this Act unless a draft thereof has been laid before the Parliament of Northern Ireland and has been approved by resolution of each House of Parliament of Northern Ireland; and an Order under that subsection which authorises the making of regulations may make provision for the laying of such regulations before the Parliament of Northern Ireland and for their annulment in such circumstances as may be specified in the Order.

(5)A definition or description of a class of vehicles for the purposes of any order or regulation under this Part of this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatsoever.

(6)Before making any order or regulations under this Part of this Act the Minister shall consult with such representative organisations as he thinks fit.

Textual Amendments

Modifications etc. (not altering text)

C14Reference to the making of an Order in Council by the Governor of Northern Ireland to be construed as a reference to the making of an order by the Secretary of State: Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 5 para. 4(2)

C15Reference to the Parliament of Northern Ireland and to each House of Parliament of Northern Ireland to be construed as a reference to the Northern Ireland Assembly: Northern Ireland Constitution Act 1973 (c. 36, SIF 29:3), Sch. 5 para. 3

C16S. 101 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

102 Application to the Crown and exemption for police and fire brigade.E+W+S

(1)Subject to subsection (2) of this section, this Part of this Act shall apply to vehicles and persons in the public service of the Crown.

(2)This Part of this Act shall not apply in the case of motor vehicles owned by the Secretary of State for Defence and used for naval, military or air force purposes or in the case of vehicles so used while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.

[F65(3)Where an offence under this Part of this Act is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown; and, subject to subsection (3A) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).

(3A)Where a person is convicted of an offence by virtue of subsection (3) above—

(a)no order may be made on his conviction save an order imposing a fine,

(b)payment of any fine imposed on him in respect of that offence may not be enforced against him, and

(c)apart from the imposition of any such fine, the conviction shall be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).]

(4)This Part of this Act shall not apply in the case of motor vehicles while being used for police or fire brigade purposes.

Textual Amendments

Modifications etc. (not altering text)

C17S. 102 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

[F66102A Exclusion of application to tramcars and trolley vehicles.E+W+S

(1)This Part of this Act and section 255 of the Road Traffic Act 1960 in its application thereto shall not apply to tramcars or trolley vehicles operated under statutory powers.

(2)In this section “operated under statutory powers” means, in relation to tramcars or trolley vehicles, that their use is authorised or regulated by special Act of Parliament or by an order having the force of an Act.

(3)Subsection (1) above shall have effect subject to any such Act or order as is mentioned in subsection (2) above, and any such Act or order may apply to tramcars or trolley vehicles to which it relates any of the provisions excluded by the said subsection (1).]

Textual Amendments

F66S. 102A was inserted by Road Traffic Act 1972 and fell upon the repeal of that 1972 Act by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 3, Sch. 1 (with Sch. 4, paras. 1–3); the text of s. 102A appearing here inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 6(7)

103 Interpretation, supplementary provisions, etc., for Part VI.E+W+S

(1)In this Part of this Act—

  • “agriculture” has the meaning assigned by section 109(3) of the M3Agriculture Act 1947 or, in relation to Scotland, section 86(3) of the M4Agriculture (Scotland) Act 1948;

  • [F67“the Community Recording Equipment Regulation” has the same meaning given by section 97(7) of this Act;]

  • “driver”, “employee-driver” and “owner-driver” have the meaning assigned by section 95(3) of this Act;

  • “employer”, in relation to an employee-driver, means the employer of that driver in the employment by virtue of which that driver is an employee-driver;

  • [F68 “the applicable Community rules” means any directly applicable Community provision for the time being in force about the driving of road vehicles]

  • [F69 “the domestic drivers’ hours code” has the meaning given by section 96(13) of this Act]

  • F70“prescribed” means prescribed by regulations made by the Minister;

  • [F71“recording equipment” has the meaning given by section 97(7) of this Act;

  • “record sheet” includes a temporary sheet attached to a record sheet in accordance with [F72Article 16(2)] of the Community Recording Equipment Regulation;]

  • [F69 “relevant Community provision” means any Community provision for the time being in force about the driving of road vehicles, whether directly applicable or not]

  • “working day”, in relation to any driver, means—

(a)any period during which he is on duty and which does not fall to be aggregated with any other such period by virtue of paragraph (b) of this definition; and

(b)where a period during which he is on duty is not followed by an interval for rest of not less than eleven hours or (where permitted by virtue of section 96(4)(b) of this Act) of not less than nine and a half hours, the aggregate of that period and each successive such period until there is such an interval as aforesaid, together with any interval or intervals between periods so aggregated;

  • [F73“working week” means, subject to subsection (5) of this section, a week beginning at midnight between Sunday and Monday:]

and any expression not defined above which is also used in the Act of 1960 has the same meaning as in that Act.

(2)For the purposes of this Part of this Act a director of a company shall be deemed to be employed by it.

(3)In this Part of this Act references to a person driving a vehicle are references to his being at the driving controls of the vehicle for the purpose of controlling its movements, whether it is in motion or is stationary with the engine running.

(4)In this Part of this Act references to a driver being on duty are references—

(a)in the case of an employee-driver, to his being on duty (whether for the purpose of driving a vehicle to which this Part of this Act applies or for other purposes) in the employment by virtue of which he is an employee-driver, or in any other employment under the person who is his employer in the first-mentioned employment; and

(b)in the case of an owner-driver, to his driving a vehicle to which this Part of this Act applies for the purposes of a trade or business carried on by him or being otherwise engaged in work for the purposes of that trade or business, being work in connection with such a vehicle or the load carried thereby.

(5)The traffic [F74commissioner] for any area may, on the application of an owner-driver or of the employer of an employee-driver, from time to time direct that a week beginning at midnight between two days other than [F75Sunday and Monday] shall be, or be deemed to have been, a working week in relation to that owner-driver or employee-driver; but where by virtue of any such direction a new working week begins before the expiration of a previous working week then, without prejudice to the application of the provisions of this Part of this Act in relation to the new working week, those provisions shall continue to apply in relation to the previous working week until its expiration.

(6)In [F76section] 98(2)(e) of this Act “a small goods vehicle” means a goods vehicle which has a plated weight of the prescribed description not exceeding [F773500 kilograms] or (not having a plated weight) has an unladen weight not exceeding [F771525 kilograms]; but the Minister may by regulations direct that the foregoing provisions of this subsection shall have effect, in relation to either or both of those sections—

(a)with the substitution for either of the weights there specified of such other weight as may be specified in the regulations;

(b)with the substitution for either of those weights or for any other weight for the time being specified as aforesaid of a weight expressed in terms of the metric system, being a weight which is equivalent to that for which it is substituted or does not differ from it by more than five per cent. thereof.

[F78(7)An offence under this Part of this Act may be treated for the purpose of conferring jurisdiction on a court (but without prejudice to any jurisdiction it may have apart from this subsection) as having been committed in any of the following places, that is to say—

(a)the place where the person charged with the offence was driving when evidence of the offence first came to the attention of a constable or vehicle examiner;

(b)the place where that person resides or is or is believed to reside or be at the time when the proceedings are commenced: or

(c)the place where at that time that person or, in the case of an employee-driver, that person’s employer or, in the case of an owner-driver, the person for whom he was driving, has his place or principal place of business or his operating centre for the vehicle in question.

In this subsection “vehicle examiner” means an officer within the meaning of section 99 of this Act.]

(8)The enactments specified in Schedule 11 to this Act shall have effect subject to the amendments there specified.

(9)Any order made under section 166(2) of this Act appointing a day for the purposes of any of the provisions of this Part of this Act may contain such transitional provision as the Minister thinks necessary or expedient as respects the application of any particular provision of this Part of this Act to a working week or working day falling partly before and partly after the date on which that provision comes into operation.

Textual Amendments

F67Definition inserted by S.I. 1979/1746, reg. 3(7)(a)

F71Definitions inserted by S.I. 1979/1746, reg. 3(7)(b)

F72Words substituted by S.I. 1986/1457, reg. 3(3)(g)

F73Definition substituted by S.I. 1986/1458, art. 3(1)

F75Words substituted by S.I. 1986/1458, art. 3(2)

F76Word substituted by S.I. 1979/1746, reg. 3(8)

F77Words substituted by S.I. 1981/1373, Sch. Pt. IIIB

Modifications etc. (not altering text)

C18S. 103 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2

C19The text of s. 103(8), 161(4), 162(5), Sch. 16, paras. 8(1)(3), 9, 10 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations