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4. In the 1968 Act—
(a)in section 96(1), after subsection (11C), insert—
“(11D) If a driver who is subject to the orders of more than one transport undertaking fails, without reasonable excuse, to provide each of them with sufficient information to enable them to avoid a contravention of Chapter 2 of the Community Drivers’ Hours Regulation, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.”;
(b)in section 97(6) (installation and use of recording equipment), for “sections 97A and 97B” substitute “sections 97B to 97G”;
(c)omit section 97A(2);
(d)In section 103(1)(3), after the definition of “relevant Community provision”, insert—
““transport undertaking” has the meaning given in the Community Drivers’ Hours Regulation;”.
The relevant amendments to section 96 are by the European Communities Act 1972 (c.68), Schedule 4, paragraph 9(2)(a), the Transport Act 1978 (c.55), section 10, the Criminal Justice Act 1982 (c.48), sections 37, 38 and 46 and S.I. 1986/1457 and 2007/1819.
Section 97A was inserted by S.I. 1979/1746.
Section 103(1) was amended by the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c.3), section 2(1), the Transport Act 1985, Schedule 8 and S.I. 1979/1746, 1986/1457, 1986/1458, 2005/1904 and 2007/1819.
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