Transport Act 1968

Changes over time for: Section 97

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[F197 Installation and use of recording equipment [F2: EU requirements].E+W+S

[F3(1)No person shall use, or cause or permit to be used, a vehicle to which this section applies

[F4(a)unless there is in the vehicle recording equipment which—

(i)has been installed in accordance with the [F5EU Tachographs Regulation] [F6(including the relevant technical specifications)] [F7or the equivalent EU Regulation];

[F8(ii)complies with [F9the EU Tachographs Regulation (including the relevant technical specifications)];] and

(iii)is being used as provided by [F10Articles [F1127 to 29 and 32 to 37]] of [F12the EU Tachographs Regulation]] [F13, or]

[F13(b)in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the [F14EU Tachographs Regulation] [F15or the equivalent EU Regulation]];

and any person who contravenes this subsection shall be liable on summary conviction to a fine not exceeding [F16level 5] on the standard scale.]

[F17(1A)A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the [F18EU Tachographs Regulation].]

(2)A person shall not be liable to be convicted under subsection (1) [F19(a)] of this section if he proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with F20... the [F21EU Tachographs Regulation] was to be installed in the vehicle in accordance with that Regulation.

(3)A person shall not be liable to be convicted under subsection (1) [F19(a)] of this section by reason of the recording equipment installed in the vehicle in question not being in working order if he proves to the court that—

(a)it had not become reasonably practicable for the equipment to be repaired by an approved fitter or workshop; and

(b)the requirements of [F22Article 37(2) of the EU Tachographs Regulation] were being complied with.

(4)A person shall not be liable to be convicted under subsection (1) [F19(a)] of this section by reason of any seal on the recording equipment installed in the vehicle in question not being intact if he proves to the court that—

(a)the breaking or removal of the seal could not have been avoided;

(b)it had not become reasonably practicable for the seal to be replaced by an approved fitter or workshop; and

(c)in all other respects the equipment was being used as provided by [F23Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation].

[F24(4A)A person shall not be liable to be convicted under subsection (1)(a) of this section by reason of the driver card not being used with the recording equipment installed in the vehicle in question if he proves to the court that—

(a)the driver card was damaged, malfunctioning, lost or stolen;

(b)the requirements of [F25Articles 29(2) to (5), 35 and 37(2) of the EU Tachographs Regulation] were being complied with; and

(c)in all other respects the recording equipment was being used as provided by [F26Articles 27 to 29 and 32 to 37] of that Regulation.]

[F27(4B)A person shall not be liable to be convicted under subsection (1) of this section by reason of using recording equipment which does not bear [F28the relevant UK type-approval mark or the relevant EU type-approval mark (see Article 11A of the EU Tachographs Regulation)] if he proves to the court that the use of the recording equipment was in the course of a field test authorised under section 96A.

(4C)Where a person (“the driver”)—

(a)in the course of the driver’s employment, uses a vehicle in contravention of subsection (1), and

(b)is liable to be convicted under that subsection in respect of that use,

the employer also commits an offence and shall be liable on summary conviction to a fine.

(4D)A person shall not be liable to be convicted under subsection (4C) in respect of the use of a vehicle if the requirements of Article 10(1) and (2) of the Community Drivers’ Hours Regulation (liability of transport undertakings) and Article 33(1) of the EU Tachographs Regulation (responsibility of transport undertakings) were complied with in relation to that use.]

(5)For the purposes of this section recording equipment is used as provided by [F29Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation] if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

(6)This section applies at any time to any vehicles to which this Part of this Act applies if, at that time, Article 3 of the [F30EU Tachographs Regulation] requires recording equipment to be installed and used in that vehicle; and in this section and [F31sections 97B to 97G] of this Act [F32(so far as those sections relate to the EU Tachographs Regulation)] any expression which it is also used in that Regulation has the same meaning as in that Regulation.

(7)In this Part of this Act—

[F33“Commission Implementing Regulation (EU) 2016/799” means Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components, as amended from time to time;
“Council Regulation (EEC) No 3821/85” means Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport;]
[F34“the equivalent EU Regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport as it has effect in EU law, as amended from time to time;]
[F35“the EU Tachographs Regulation” means Regulation (EU) No. 165/2014 of the European Parliament and of the Council on tachographs in road transport [F36, as amended from time to time,] F37...]
“recording equipment” means equipment for recording information as to the use of a vehicle.
[F38“the relevant EU type-approval mark”, in relation to recording equipment, means a type-approval mark issued by an EU member State in relation to that type of recording equipment under Article 14 of the equivalent EU Regulation;]
[F39“the relevant technical specifications” means Annex II of Commission Implementing Regulation (EU) 2016/799, and—]
(a)
in the case of a vehicle put into service for the first time before 1st May 2006—
(i)
Annex I of the EU Tachographs Regulation,
(ii)
Annex IB of Council Regulation (EEC) No 3821/85 for as long as preserved and applied by Article 46 of the EU Tachographs Regulation, or
(iii)
Annex 1C to Commission Implementing Regulation (EU) 2016/799;
(b)
in the case of a vehicle put into service for the first time on or after 1 May 2006 but before the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force—
(i)
Annex IB of Council Regulation (EEC) No 3821/85 for as long as preserved and applied by Article 46 of the EU Tachographs Regulation; or
(ii)
Annex IC to Commission Implementing Regulation (EU) 2016/799; and
(c)
in the case of a vehicle put into service for the first time on or after the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force, Annex 1C to Commission Implementing Regulation (EU) 2016/799.
[F40“the relevant UK type-approval mark”, in relation to recording equipment, means the mark which is “the relevant type-approval mark” in relation to the marking of that equipment, for the purposes of the Motor Vehicles (Type Approval) Regulations 1980.]]

Textual Amendments

F1Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F2Words in s. 97 heading inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 4(a)

F3S. 97(1) substituted by S.I. 1984/144, reg. 2(1)

F4By S.I. 1989/2121, art. 2(2) it is provided that in s. 97(1) the words from “unless" to the end of paragraph (c) shall become paragraph(a), with paragraphs (a), (b) and (c) becoming sub-paragraphs “(i)", “(ii)" and “(iii)" of that paragraph

F5Words in s. 97(1)(a)(i) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 4(2)(a)

F6Words in s. 97(1)(a)(i) inserted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 4(2)(a)

F7Words in s. 97(1)(a)(i) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 35(2) (as substituted by S.I. 2019/1379, regs. 1, 8(a); 2020 c. 1, Sch. 5 para. 1(1))

F8S. 97(1)(a)(ii) substituted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 4(b)

F9Words in s. 97(1)(a)(ii) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 4(2)(b)

F10Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F11Words in s. 97(1)(a)(iii) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 4(2)(b)

F12Words in s. 97(1)(a)(iii) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 4(2)(c)

F13S. 97(1)(b) and word “or" preceding it inserted by S.I. 1989/2121, art. 2(2)

F14Words in s. 97(1)(b) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 4(2)(c)

F15Words in s. 97(1)(b) inserted (31.12.2020) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 35(3); 2020 c. 1, Sch. 5 para. 1(1)

F16Words substituted by S.I. 1989/2121, art. 2(2)