- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
4.—(1) Article 81 is amended as follows.
(2) In paragraph (1A)(1) for the words from “he proves” to the end, substitute—
“the person proves—
(a)in respect of a contravention of a provision of the Community Drivers’ Hours Regulation(2)—
(i)that at the time of the contravention the person was complying with Article 10(1) (distance related payments etc.) and Article 10(2) (organisation of drivers’ work etc.) of the Community Drivers’ Hours Regulation; and
(ii)that the person took all reasonable steps to avoid the contravention; or
(b)in respect of a contravention of a provision of the AETR(3)—
(i)that at the time of the contravention the person was complying with Article 11(1) to (3) of the AETR (organisation of drivers’ work, distance-related payments etc); and
(ii)that the person took all reasonable precautions to avoid the contravention.”.
(3) In paragraph (1B)(a)(4)—
(a)after “Community Drivers’ Hours Regulation” insert “or Article 11(5) of the AETR”;
(b)for “that Regulation” substitute “that provision”.
Paragraph (1A) was inserted by S.R. 2009/91.
OJ No. L 102, 11.4.2006, p. 1; relevant amending instruments are OJ No. L 300, 14.11.2009, p. 88 and OJ No. L 60, 28.2.2014, p. 1.X.
The AETR is the European Agreement concerning the work of Crews of Vehicles engaged in International Road Transport of 1st July 1970. The AETR can be found in Cmnd 7401, Cmnd 8572, Cmnd 9037, Cm 1776, Cm 3042 and Cm 3135.
Paragraph (1B) was inserted S.R. 2009/91.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: