The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations (Northern Ireland) 2010

“Delivery of record sheets and other documents6A.

(1)

This regulation applies to the following documents—

(a)

record sheets;

(b)

manual records and printouts made in accordance with the Community Recording Equipment Regulation.

(2)

If such a document relates to a person in his capacity as the driver of a vehicle to which regulation 3 applies, he must before the end of the delivery period deliver the document to the transport undertaking to whose orders he was subject in driving the vehicle.

(3)

The delivery period is the period of 42 days starting on the day after the latest date to which the document relates.

(4)

A person who without reasonable excuse fails to comply with paragraph (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(5)

If a transport undertaking fails without reasonable excuse to secure that each driver subject to its orders complies with paragraph (2), in respect of documents relating to him in his capacity as such a driver, it is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6)

If a person is subject to the orders of two or more transport undertakings in driving a vehicle during a period to which a document relates—

(a)

paragraph (2) has effect as if it were a requirement to deliver that document to the undertaking to whose orders he was first subject in driving the vehicle during that period;

(b)

paragraph (5), in relation to that document, applies only to the undertaking to whose orders he was first subject in driving the vehicle during that period.

Vehicle units: downloading data6B.

(1)

This regulation applies where a transport undertaking is required by Article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a vehicle unit in a vehicle.

(2)

The undertaking must ensure that relevant data is downloaded from the unit not later than the end of the download period if—

(a)

it controls the use of the vehicle throughout that period, and

(b)

it uses the vehicle at some point during that period.

(3)

The download period begins and ends as set out in the following table—

Case	Download period begins	Download period ends
1. The undertaking has not previously downloaded data from the unit under this regulation	On the first day after the commencement of this regulation on which the undertaking— (a) controls the use of the vehicle, and (b) is required by Article 10 to ensure that data is downloaded from the unit	On the earlier of— (a) the expiry of the period of 56 days starting on the first day of the download period; (b) any downloading of the data before the expiry of that period
2. The undertaking uses the vehicle during the period of 56 days starting on the day after the last downloading under this regulation	On the day after the last downloading under this regulation
3. The undertaking does not use the vehicle during the period of 56 days starting on the day after the last downloading under this regulation	On the first day of the undertaking’s use of the vehicle after the last downloading under this regulation

(4)

The undertaking must ensure that all relevant data is downloaded from the unit—

(a)

immediately before transferring control of the use of the vehicle to another person;

(b)

without delay upon permanently removing the unit from service in the vehicle;

(c)

without delay upon becoming aware that the unit is malfunctioning;

(d)

without delay in any circumstances such that the imminent erasure of the data by the unit, in the normal course of its operations, is reasonably foreseeable.

(5)

But paragraph (4)(c) does not apply if because of the malfunctioning of the unit it is impossible to download the data.

(6)

For the purposes of this regulation “relevant data” means any data recorded by the vehicle unit in a vehicle, other than detailed speed data.

(7)

For the purposes of this regulation and regulation 6C an undertaking controls the use of a vehicle during any period in which it may determine when, by whom and for what purpose the vehicle may be driven.

(8)

In this regulation and regulations 6C to 6E, “downloaded” is to be construed in accordance with the definition of “downloading” in Annex 1B to the Community Recording Equipment Regulation.

Driver cards: downloading data6C.

(1)

This regulation applies where a transport undertaking is required by Article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a driver card issued to a driver.

(2)

The undertaking must ensure that all data is downloaded from the card not later than the end of the download period.

(3)

The download period begins and ends as set out in the following table—

Case	Download period begins	Download period ends
1. The undertaking has not previously downloaded data from the card under this regulation	On the first day after the commencement of this regulation on which— (a) the driver drives for the undertaking, and (b) the undertaking is required by Article 10 to ensure that data is downloaded from the card	On the earlier of— (a) the expiry of the period of 28 days starting on the first day of the download period; (b) any downloading of the data before the expiry of that period
2. The undertaking has previously downloaded data from the card under this regulation	On the first day on which the driver drives for the undertaking after the last downloading under this regulation

(4)

The undertaking must ensure that the data is downloaded from the card—

(a)

immediately before the driver ceases to be employed by the undertaking as a driver, or otherwise to carry out work for the undertaking as a driver;

(b)

without delay upon becoming aware that the card has been damaged or is malfunctioning;

(c)

without delay in any circumstances such that the imminent erasure of the data, in the normal course of use of the card, is reasonably foreseeable;

(d)

if it is not possible to do so other than by means of a vehicle unit installed in a vehicle, immediately before ceasing to control the use of that vehicle.

(5)

But paragraph (4)(b) does not apply if because of the damage to the card or its malfunctioning it is impossible to download the data.

Downloading data: requirement imposed by an vehicle examiner6D.

(1)

This regulation applies where—

(a)

a vehicle examiner has reason to believe that an offence under these Regulations or under the Road Traffic Orders has been committed in respect of the use of a vehicle, and

(b)

Article 10(5) of the Community Drivers’ Hours Regulation applies to a transport undertaking in respect of the vehicle unit in the vehicle or a driver card issued to a person who has driven the vehicle.

(2)

The vehicle examiner may, on production if so required of his authority, require the undertaking without delay—

(a)

to download data from the vehicle unit or driver card;

(b)

to permit him to inspect or copy the downloaded data.

(3)

In this regulation—

(a)

“download” is to be construed in accordance with the definition of “downloading” in Annex 1B to the Community Recording Equipment Regulation;

(b)

“the Road Traffic Orders” means the Road Traffic (Northern Ireland) Order 19816, the Road Traffic (Northern Ireland) Order 19957 and the Road Traffic Offenders (Northern Ireland) Order 19968.

Downloading and retaining data: offences6E.

(1)

A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with regulation 6B or 6C, or with a requirement imposed under regulation 6D.

(2)

A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with any requirement imposed by Article 10 of the Community Drivers’ Hours Regulation in respect of the retention of data downloaded in accordance with regulation 6B to 6D.

(3)

An offence under this regulation is punishable on summary conviction with a fine not exceeding level 5 on the standard scale.

Access to downloaded data6F.

(1)

A vehicle examiner may, on production if so required of his authority, require a person to make readily accessible to him, either on or from premises occupied or controlled by the person in question, that person’s retained data.

(2)

Any person who without reasonable excuse fails to comply with a requirement under paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3)

For the purposes of paragraph (1), data is a person’s “retained data” if he is required by Article 10 of the Community Drivers’ Hours Regulation to retain it for at least 12 months following its recording.”.

“Partnerships and other unincorporated associations10F.

(1)

Proceedings for an offence under these Regulations alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).

(2)

Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members).

(3)

Rules of court relating to the service of documents have effect as if the partnership or association were a body corporate.

(4)

In proceedings for an offence under these Regulations brought against a partnership or an unincorporated association, section 18 of the Criminal Justice Act (Northern Ireland) 19459 and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 10 apply as they do in relation to a body corporate.

(5)

A fine imposed on a partnership on its conviction for an offence under these Regulations must be paid out of the partnership assets.

(6)

A fine imposed on an unincorporated association on its conviction for an offence under these Regulations must be paid out of the funds of the association.

(7)

Sub-paragraphs (1) and (2) do not affect any liability of a partner, officer or member under regulation 10G.

Offences by bodies corporate etc10G.

(1)

If an offence under these Regulations committed by a body corporate is proved—

(a)

to have been committed with the consent or connivance of an officer of the body, or

(b)

to be attributable to any neglect on the part of an officer of the body,

he, as well as the body corporate, is guilty of the offence.

(2)

In paragraph (1) a reference to an officer of a body includes a reference to—

(a)

a director, manager or secretary;

(b)

a person purporting to act as an officer of the body.

(3)

If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the regulations and defaults of a member in connection with his functions of management as if he were a director of the body.

(4)

If an offence under these Regulations committed by a partnership is proved—

(a)

to have been committed with the consent or connivance of a partner, or

(b)

to be attributable to any neglect on the part of a partner, he, as well as the partnership, is guilty of the offence.

(5)

In paragraph (4) a reference to a partner includes a reference to a person purporting to act as a partner.

(6)

If an offence under these Regulations committed by an unincorporated association (other than a partnership) is proved—

(a)

to have been committed with the consent or connivance of an officer of the association, or

(b)

to be attributable to any neglect on the part of an officer of the association, he, as well as the association, is guilty of the offence.

(7)

In paragraph (6) a reference to an officer of an association includes a reference to—

(a)

a member of its governing body;

(b)

a person purporting to act in the capacity of an officer of the association.”.

“Article 81(1C)

Contravention of requirement imposed by Chapter 2 of Regulation (EC) No 561/2006 (crews, driving times, breaks and rest periods).

Summarily.

Level 4 on the standard scale.”.