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)
[F2(1)No person shall use, or cause or permit to be used, a vehicle to which this section applies
[F3(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 [F4Articles 13 to 15] of that Regulation;][F5, or]
[F5(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 [F6level 5] on the standard scale.]
[F7(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) [F8(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) [F8(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 [F9Article 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) [F8(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 [F10Articles 13 to 15] of the Community Recording Equipment Regulation.
(5)For the purposes of this section recording equipment is used as provided by [F10Articles 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—
[F11[F12“the Community Recording Equipment Regulation”means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport F13 as it has effect in accordance with—
Commission Regulation (EEC) No. 3314/90 F14;
Commission Regulation (EEC) No. 3688/92 F15; and
Commission Regulation (EC) No. 2479/95 F16;
and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 F17;]
“recording equipment” means equipment for recording information as to the use of a vehicle.]]
Textual Amendments
F1Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2
F2S. 97(1) substituted by S.I. 1984/144, reg. 2(1)
F3By 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
F4Words substituted by S.I. 1986/1457, reg. 3(3)(a)
F5S. 97(1)(b) and word “or" preceding it inserted by S.I. 1989/2121, art. 2(2)
F6Words substituted by S.I. 1989/2121, art. 2(2)
F7S. 97(1A) inserted by S.I. 1989/2121, art. 2(3)
F8 “(a)" inserted by S.I. 1989/2121, art. 2(4)
F9Words substituted by S.I. 1986/1457, reg. 3(3)(b)
F10Words substituted by S.I. 1986/1457, reg. 3(3)(a)
F11Definition substituted by S.I. 1986/1457, reg. 3(1)(2)(a)
F12S. 97(7) substituted (25.4.1996) by S.I. 1996/941, art. 3(1)(2)(a)
F13O.J. No. L370, 31.12.85, p.8.
F14O.J. No. L318, 17.11.90, p.20.
F15O.J. No. L374, 22.12.92, p.12.
F16O.J. No. L256, 26.10.95, p.8.
F17S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.
Modifications etc. (not altering text)
C3S. 97 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7); S.I. 1994/2850, art. 3(a), Sch. 2