Transport Act 1968

[F1 97ZB Supply of recording equipment which is not type-approved U.K.

(1) A person commits an offence if the person supplies, as recording equipment which complies with the EU Tachographs Regulation or the AETR, recording equipment in respect of which no appropriate type-approval certificate is in force.

(2) It is a defence to show that—

(a) the recording equipment was supplied for export from Great Britain,

(b) the person had reasonable cause to believe that the recording equipment would not be installed in a vehicle used on a road in Great Britain or would not be so installed until an appropriate type-approval certificate was in force, or

(c) the person had reasonable cause to believe that the recording equipment would only be installed in a vehicle which was not required under the relevant instrument to have recording equipment installed in it.

(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) Nothing in this section affects the validity of a contract or any rights arising under or in relation to a contract.

(5) In this section—

• “appropriate type-approval certificate” means—

  (a)

  in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—

  (i)

  issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation, or

  (ii)

  [F2 issued under the equivalent EU Regulation;]

  (b)

  in relation to recording equipment supplied as complying with the AETR, a type approval certificate—

  (i)

  issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, or

  (ii)

  issued in [F3 another contracting country] under the AETR;

• [F4 “the equivalent EU Regulation” has the meaning given by section 97(7);]

• “relevant instrument”—

  (a)

  in relation to recording equipment supplied as complying with the EU Tachographs Regulation, means that Regulation;

  (b)

  in relation to recording equipment supplied as complying with the AETR, means the AETR;

• “supplies” includes—

  (a)

  sells;

  (b)

  offers to sell or supply;

  (c)

  exposes for sale.]

Textual Amendments

F1 Ss. 97ZA-97ZC inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 5

F2 Words in s. 97ZB(5) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 36(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in s. 97ZB(5) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 36(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in s. 97ZB(5) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 36(c); 2020 c. 1, Sch. 5 para. 1(1)