The Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations (Northern Ireland) 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in relation to the cards (company cards, control cards, driver cards and workshop cards) used with digital tachographs, which are tachographs complying with Annex IB to Regulation (EEC) 3821/85. New vehicles, that are required to be fitted with tachographs, have been required to be fitted with digital tachographs since 1 May 2006 (Regulation 561/2006).

They prohibit the use by a person of more than one driver card, of a driver card of which he is not the holder, of a forged or altered card and of a card issued as a result of an incorrect application. Making a false statement in an application for a card is also prohibited. Contravention is an offence, the penalty depending on the nature of the breach (regulation 3).

They prohibit the use by a person of more than one workshop card, or PIN, for each workshop in which he works, of a workshop card or PIN of which he is not the holder or in a place which is not his workplace, of a forged or altered card and of a card issued as a result of an incorrect application. They also prohibit the divulging of a PIN. Contravention is an offence, the penalty depending on the nature of the breach (regulation 4).

Causing or permitting a person to breach such prohibitions is also prohibited, the maximum penalty being, if the offender is convicted summarily, a fine not exceeding the statutory maximum; or if the offender is convicted on indictment, imprisonment up to two years, a fine, or both (regulations 3 and 4).

They require written notification of lost or stolen cards to be given to the Department and the return to it of damaged or malfunctioning cards. Failure to comply is an offence for which the maximum penalty is level 5 on the standard scale (regulation 5).

They require a card holder to notify the Department of details on the card requiring correction and to return it for correction. The Department may also require the return of cards issued erroneously for correction. Failure to comply is an offence for which the maximum penalty is level 5 on the standard scale (regulation 6).

A card which identifies another person as the holder, which has been falsified or which has been issued as a result of a false application must be surrendered or may be confiscated by a constable or vehicle examiner. Failure to surrender such a card is an offence for which the maximum penalty is level 5 on the standard scale (regulation 7).

Copies of the Commission Regulations referred to in these Regulations may be obtained from TSO, 16 Arthur Street, Belfast BT1 4GD.

A Regulatory Impact Assessment has not been prepared for these Regulations as they have no significant impact on the costs of business.