The Passenger and Goods Vehicles (Recording Equipment) (Fitting Date) Regulations 2006

Statutory Instruments

2006 No. 1117

ROAD TRAFFIC

The Passenger and Goods Vehicles (Recording Equipment) (Fitting Date) Regulations 2006

Made

18th April 2006

Laid before Parliament

20th April 2006

Coming into force

1st May 2006

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

He has been designated(2) for the purposes of section 2(2) in relation to the regulation of the type, description, construction or equipment of vehicles.

Citation, commencement and interpretation

1.  These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Fitting Date) Regulations 2006 and shall come into force on 1st May 2006.

Amendment of the Transport Act 1968

2.  In section 97 of the Transport Act 1968(3) (installation and use of recording equipment), in subsection (7), for the definition of “the relevant Annexes” substitute —

• “ “the relevant Annexes” to the Community Recording Equipment Regulation —

  (a)

  in the case of a vehicle put into service for the first time before 1st May 2006 means—

  (i)

  either Annex I or Annex IB to that Regulation; and

  (ii)

  Annex II to that Regulation; and

  (b)

  in the case of a vehicle put into service for the first time on or after that date means—

  (i)

  Annex IB to that Regulation; and

  (ii)

  Annex II to that Regulation.”.

Signed by authority of the Secretary of State for Transport

Stephen Ladyman

Minister of State

Department for Transport

Date 18th April 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend section 97 of the Transport Act 1968 to set the date from which the new digital tachograph must be fitted to a new vehicle which requires a tachograph.

The digital tachograph is provided for by Council Regulation (EC) No.2135/98, which amended Regulation (EEC) No.3821/85 on recording equipment in road transport and specified the date from which vehicles first put into service were to be fitted with digital tachographs, that is to say tachographs complying with Annex IB and Annex II. That date, which did not have practical effect, has been amended to 1st May 2006 by Article 27 of Council Regulation (EC) No.561/2006 of 15th March 2006, which was published on 11th April 2006 (OJ L102, 11.4.2006, p.1.). The new date is included in the new definition of “relevant Annexes” substituted by these Regulations.

(1)

1972 c. 68.

(2)

S.I. 1972/1811.

(3)

1968 c. 73; section 97(7) was substituted by S.I.1979/1746 and amended by S.I.1984/144, 1986/1457, 1989/2121, 1996/941 and 2005/1904.