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Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (Text with EEA relevance)
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1.[F1The Secretary of State] shall approve, regularly control and certify the fitters, workshops and vehicle manufacturers which may carry out installations, checks, inspections and repairs of tachographs.
2.[F2The Secretary of State] shall ensure that fitters, workshops and vehicle manufacturers [F3approved, controlled and certified under paragraph 1] are competent and reliable. For that purpose, [F4the Secretary of State] shall establish and publish a set of clear national procedures and shall ensure that the following minimum criteria are met:
(a)the staff are properly trained;
(b)the equipment necessary to carry out the relevant tests and tasks is available;
(c)the fitters, workshops and vehicle manufacturers are of good repute.
3.Audits of approved fitters or workshops shall be carried out as follows:
(a)approved fitters or workshops shall be subject, at least every two years, to an audit of the procedures they apply when handling tachographs. The audit shall focus in particular on the security measures taken and the handling of workshop cards. [F5The Secretary of State] may carry out these audits without conducting a site visit;
(b)unannounced technical audits of approved fitters or workshops shall also take place in order to check the calibrations, inspections and installations carried out. Those audits shall cover at least 10 % of the approved fitters and workshops annually.
4.[F6The Secretary of State] shall take appropriate measures to prevent conflicts of interests between fitters or workshops and transport undertakings. In particular, where there is a serious risk of a conflict of interests, additional specific measures shall be taken to ensure that the fitter or workshop complies with this Regulation.
F75.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6.[F8The Secretary of State] shall withdraw approvals, either temporarily or permanently, from fitters, workshops and vehicle manufacturers which fail to meet their obligations under this Regulation.
Textual Amendments
F1Words in Art. 24(1) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 84(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 24(2) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 84(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 24(2) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 84(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 24(2) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 84(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 24(3)(a) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 84(4); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 24(4) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 84(5); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 24(5) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 84(6) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 24(6) substituted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 84(7); 2020 c. 1, Sch. 5 para. 1(1)
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