The Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations 1984

3.—(1) For Regulation 4 (Approval of fitters and workshops) of the said Regulations of 1979 there shall be substituted the following Regulation:—

“Installation or repair of recording equipment, checks and inspections

4.— (1) The Secretary of State shall be the competent authority in Great Britain—

(a) for the approval of fitters and workshops for the installation or repair of recording equipment in accordance with Article 14 of the Community Recording Equipment Regulation; and

(b) for the nomination of bodies for the carrying out of checks and inspections of recording equipment in accordance with Chapter VI of Annex I to that Regulation.

(2) Any approval or nomination under this Regulation shall be in writing, shall specify its scope, shall provide for its withdrawal by the Secretary of State on notice given by him and, if the Secretary of State thinks fit, may contain conditions.

(3) Such conditions may in particular relate to—

(a) the fees to be charged for installing or repairing or, as the case may be, checking or inspecting recording equipment;

(b) the places where and equipment by means of which such activities are, or are to be, carried out;

(c) the procedure to be adopted in carrying out such activities;

(d) the records to be kept and the evidence to be furnished of the carrying out of such activities;

(e) the training of persons for carrying out such activities;

(f) the inspection by or on behalf of the Secretary of State of places where and equipment by means of which such activities are, or are to be, carried out; and

(g) the display, at the places where such activities are carried out, of signs indicating that such activities are carried out there by fitters or workshops approved or, as the case may be, bodies nominated, by the Secretary of State.

(4) The Secretary of State shall publish from time to time lists of—

(a) the fitters and workshops for the time being approved by him; and

(b) the bodies for the time being nominated by him;

and any list published under sub-paragraph (a) above shall specify the mark to be placed by each approved fitter or workshop on any seals which he or they affix to any recording equipment.

(5) In this Regulation “recording equipment” means equipment for recording information as to the use of a vehicle.”.

(2) Nothing in paragraph 3(a) or (b) of Chapter VI of Annex I to the Community Recording Equipment Regulation shall require an inspection of recording equipment installed in a vehicle to be carried out—

(a) before the expiry of the period of three months beginning with the coming into operation of these Regulations; or

(b) where the vehicle is subject to an annual test and the equipment was installed before 13th June 1983, before the annual test of the vehicle next following the expiry of that period and the relevant period.

(3) In sub-paragraph (2) above—

“annual test” means an annual test required by regulations under section 43 or 45 of the Road Traffic Act 1972;

“the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 1463/70 of 20th July 1970 on the introduction of recording equipment in road transport, as amended by Council Regulations (EEC) Nos. 1787/73 and 2828/77, and as read with the Community Road Transport Rules (Exemptions) Regulations 1978;

“relevant period” means—

(a)

in the case of an inspection required by the said paragraph 3(a), the period of two years;

(b)

in the case of an inspection required by the said paragraph 3(b), the period of six years,

beginning (in either case) with the date shown on the installation plaque affixed to the vehicle.