Council Regulation (EC) No 2135/98Show full title

Article 3 U.K.

Directive 88/599/EEC is hereby amended as follows:

1.

Article 3(2) shall be replaced by the following:

‘2. The elements of roadside checks are:

• daily driving periods, breaks and daily rest periods; in the case of clear indications of irregularities, also the preceding days' record sheets which have to be carried on board the vehicle in accordance with Article 15(7) of Regulation (EEC) No 3821/85 as amended by Regulation (EC) No 2135/98(1) and/or the data stored for the same period on the driver card and/or in the memory of the recording equipment in conformity with Annex IB,

• for the period referred to in Article 15(7) of Regulation (EEC) No 3821/85, any cases where the vehicle's authorised speed is exceeded, to be defined as being any periods of more than 1 minute during which the vehicle's speed exceeds 90 km/h for category N₃ vehicles or 105 km/h for category M₃ vehicles (categories N₃ and M₃ being as defined in Annex I to Directive 70/156/EEC)(2),

• where appropriate, momentary speeds attained by the vehicle as recorded by the recording equipment in no more than the previous 24 hours' use of the vehicle,

• last weekly rest period, where appropriate,

• correct functioning of the recording equipment (determination of possible misuse of the equipment and/or the driver card and/or record sheets) or, where appropriate, presence of the documents referred to in Article 14(5) of Regulation (EEC) No 3820/85.’;

2.

Article 4(3) shall be replaced by the following:

‘3. For the purposes of this Article, checks carried out at the premises of the competent authorities, on the basis of relevant documents and/or data handed over by undertakings at the request of the said authorities, shall have the same status as checks carried out at the premises of undertakings.’.

(1)

Council Regulation (EC) No 2135/98 of 24 September 1998 amending Regulation (EEC) No 3821/85 on recording equipment in road transport and Directive 88/599/EEC concerning the procedures for applying Regulations (EEC) No 3820/85 and (EEC) No 3821/85 (OJ L 274, 9.10.1998, p. 1).

(2)

Council Directive 70/156/EEC of 6 February 1970 on the approximation of the laws of the Member States relating to the type-approval of motor vehicles and their trailers (OJ L 42, 23.2.1970, p. 1). Directive as last amended by Directive 97/27/EC (OJ L 233, 25.8.1997, p. 1).’