PART 3Amendments of secondary legislation
Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996
5.
6.
(1)
Regulation 2 is amended as follows.
(2)
(3)
““the relevant Appendices” to the Annex to the AETR—
(a)
in the case of a vehicle put into service for the first time before 16th June 2010 means—
- (i)
either Appendix 1 or Appendix 1B to that Annex; and
- (ii)
Appendix 2 to that Annex; and
(b)
in the case of a vehicle put into service for the first time on or after that date means—
- (i)
Appendix 1B to that Annex; and
- (ii)
Appendix 2 to that Annex.”
(4)
““relevant provision” means—
(a)
in relation to a vehicle to which regulation 3 applies, Annex 1B to the EU Tachographs Regulation;
(b)
in relation to a vehicle to which regulation 3A applies, Appendix 1B to the Annex to the AETR.”.
(5)
““analogue recording equipment” means—
(a)
in relation to a vehicle to which regulation 3 applies, recording equipment that complies with Annex I to the EU Tachographs Regulation;
(b)
in relation to a vehicle to which regulation 3A applies, recording equipment that complies with Appendix 1 to Annex 1 to the AETR;”.
(6)
In paragraph (1), in the definition of ““company card”, “control card” and “driver card”” omit the reference to “driver card”.
(7)
““driver card” has the meaning given by the relevant provision;”
(8)
In paragraph (1), in the definition of “digital recording equipment”, for “Annex 1B to the EU Tachographs Regulation” substitute “the relevant provision”.
(9)
In paragraph (1), in the definition of “electronic copy”, for “that Annex” substitute “the relevant provision”.
(10)
In paragraph (1), in the definition of “EU Tachographs Regulation” after “transport” insert “, as amended from time to time”.
7.
(1)
(2)
In the heading, at the end insert “: EU requirements”.
(3)
“(ii)
complies with that Regulation (including the relevant Annexes to it);”.
(4)
In paragraph (3) omit “the requirements of the relevant Annexes to”.
(5)
In paragraph (7), after “6E” insert “(so far as those regulations relate to the EU Tachographs Regulation)”.
8.
“Installation and use of recording equipment: AETR requirements3A.
(1)
No person shall use, or cause or permit to be used, a vehicle to which this regulation applies—
(a)
unless there is in the vehicle recording equipment which—
(i)
has been installed in accordance with the AETR;
(ii)
complies with the AETR (including the relevant Appendices to the Annex to the AETR); and
(iii)
is being used as provided by Articles 10 to 13 of the Annex to the AETR; or
(b)
in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the AETR.
(2)
A person who contravenes paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3)
A person shall not be liable to be convicted for contravention of paragraph (1) if the person proves to the court that the person 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 AETR.
(4)
A person shall not be liable to be convicted for contravention of paragraph (1)(a) if the person proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with the AETR was to be installed in the vehicle in accordance with the AETR.
(5)
A person shall not be liable to be convicted for contravention of paragraph (1)(a) by reason of the recording equipment installed in the vehicle in question not being in working order if the person 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 Article 13(2)(a) of the Annex to the AETR were being complied with.
(6)
A person shall not be liable to be convicted for contravention of paragraph (1)(a) by reason of any seal on the recording equipment installed in the vehicle in question not being intact if the person 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 Articles 10 to 13 of the Annex to the AETR.
(7)
A person shall not be liable to be convicted for contravention of paragraph (1)(a) by reason of the driver card not being used with the recording equipment installed in the vehicle in question if the person proves to the court that—
(a)
the driver card was damaged, malfunctioning, lost or stolen;
(b)
the requirements of Articles 12(1) and 13(2) and (3) of the Annex to the AETR were being complied with; and
(c)
in all other respects the recording equipment was being used as provided by Articles 10 to 13 of the Annex to the AETR.
(8)
Where a person (“the driver”)—
(a)
in the course of the driver’s employment, uses a vehicle in contravention of paragraph (1), and
(b)
is liable to be convicted for the contravention of that paragraph in respect of that use,
the employer also commits an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(9)
A person shall not be liable to be convicted under paragraph (8) in respect of the use of a vehicle if the requirements of Article 11(1) to (3) of the AETR and Article 11(1) of the Annex to the AETR were complied with in relation to that use.
(10)
For the purposes of this regulation recording equipment is used as provided by Articles 10 to 13 of the Annex to the AETR if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.
(11)
This regulation applies at any time to any vehicle to which Part V of the Order applies if, at that time, the AETR requires recording equipment to be installed and used in that vehicle; and in this regulation and regulations 6 to 6E (so far as those regulations relate to the AETR) any expression which is also used in the AETR has the same meaning as in the AETR.
Supply of recording equipment which is not type-approved3B.
(1)
A person commits an offence if the person supplies, as recording equipment which complies with the EU Tachographs Regulation or the AETR, recording equipment in respect of which no appropriate type-approval certificate is in force.
(2)
It is a defence to show that—
(a)
the recording equipment was supplied for export from the United Kingdom,
(b)
the person had reasonable cause to believe that the recording equipment would not be installed in a vehicle used on a road in the United Kingdom or would not be so installed until an appropriate type-approval certificate was in force, or
(c)
the person had reasonable cause to believe that the recording equipment would only be installed in a vehicle which was not required under the relevant instrument to have recording equipment installed in it.
(3)
A person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(4)
Nothing in this regulation affects the validity of a contract or any rights arising under or in relation to a contract.
(5)
In this regulation—
“appropriate type-approval certificate” means—
(a)
in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—
- (i)
issued under the Motor Vehicles (Type Approval) Regulations 198015 and the EU Tachographs Regulation, or- (ii)
issued in another member State under the EU Tachographs Regulation;
(b)
in relation to recording equipment supplied as complying with the AETR, a type approval certificate—
- (i)
issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, or
- (ii)
issued in a contracting third country under the AETR;
“relevant instrument”—
(a)
in relation to recording equipment supplied as complying with the EU Tachographs Regulation, means that Regulation;
(b)
in relation to recording equipment supplied as complying with the AETR, means the AETR;
“supplies” includes—
(a)
sells;
(b)
offers to sell or supply;
(c)
exposes for sale.
Recording equipment system elements: security vulnerabilities3C.
(1)
A person commits an offence if—
(a)
the person is a manufacturer of a vehicle unit, motion sensor or tachograph card for which a type-approval certificate has been issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation,
(b)
the person knows that security vulnerabilities have been detected for elements already on the market, as mentioned in Article 20(3) of the EU Tachographs Regulation, and
(c)
the person fails to inform the Department that the security vulnerabilities have been detected.
(2)
A person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”.
9.
In regulation 5, after “3” insert “or 3A”.
10.
“(2)
Any entry made on a record sheet or printout by a driver for the purposes of—
(a)
Article 34(1), (3), (4) or (6) or 37(2) of the EU Tachographs Regulation, or
(b)
Article 12(1), (2) or (5) or 13(2)(a) of the Annex to the AETR,
shall, in any proceedings under Part V of the Order or these Regulations, be evidence of the matters appearing from that entry.”.
11.
(a)
in paragraph (1)(b), at the end insert “or the AETR”;
(b)
in paragraph (2), after “3” insert “or 3A”.
12.
(a)
in paragraph (1), after “Community Drivers’ Hours Regulation” insert “or Article 11(2)(b) of the Annex to the AETR”;
(b)
in paragraph (3), in column 2 of the table entry relating to case 1, in paragraph (b), after “Article 10” insert “of the Community Drivers’ Hours Regulation or Article 11(2)(b) of the Annex to the AETR”.
13.
(a)
in paragraph (1), after “Community Drivers’ Hours Regulation” insert “or Article 11(2)(b) of the Annex to the AETR”;
(b)
in paragraph (3), in column 2 of the table entry relating to case 1, in paragraph (b), after “Article 10” insert “of the Community Drivers’ Hours Regulation or Article 11(2)(b) of the Annex to the AETR”.
14.
15.
16.
17.
18.
(1)
(2)
In paragraph (1)—
(a)
in subparagraph (a), after “3” insert “or 3A”;
(b)
in subparagraph (b), after “Regulation” insert “or the AETR”.
(3)
In paragraph (2)(a), after “Regulation” insert “or Article 12(7)(a) or (b) of the Annex to the AETR”.
19.
(1)
(2)
In paragraph (1), after “3” insert “or 3A”.
(3)
In paragraph (4)(a), after “3” insert “or 3A”.
(4)
In paragraph (5)(a), after “3” insert “or 3A”.
(5)
In paragraph (7)(b), for “EU Tachographs Regulation” substitute “relevant instrument”.
(6)
“(9)
In paragraph (7) “relevant instrument” means—
(a)
in relation to a vehicle to which regulation 3 applies, the EU Tachographs Regulation;
(b)
in relation to a vehicle to which regulation 3A applies, the AETR.”
20.
21.
22.
In regulation 10, after “3” insert “or 3A”.
23.
Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997
24.
“56A
Regulation 3A(1) and (2)
Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with the AETR.”
Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999
25.
(a)
after “item 3” insert “or item 3A”;
(b)
after “EU Tachographs Regulation” insert “or Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15th March 2006, so far it applies the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (see Article 2(3) of that Regulation).”.
Road Transport (Working Time) Regulations (Northern Ireland) 2005
26.
Road Traffic (Fixed Penalty) Order (Northern Ireland) 2007
27.
(1)
(2)
In paragraph 2, in the table—
(a)
in column 1 of items 15 and 16, omit “the first sub-paragraph of”;
(b)
“16A. Exceeding the weekly driving time of 56 hours, in contravention of Article 6.2 of the AETR
More than 56 hours but less than 58 hours driving
58 hours or more but less than 59 hours driving
59 hours or more driving”
(c)
in column 1 of item 17, for the words from “total” to “Article 6.2” substitute “accumulated driving time in any two consecutive weeks, in contravention of Article 6.3”;
(d)
in column 1 of item 19—
(i)
after “Insufficient” insert “regular”;
(ii)
for “the first sub-paragraph of Article 8.1” substitute “Articles 8.1 and 8.2”;
(e)
in column 1 of item 20—
(i)
omit “(where permitted)”;
(ii)
for “the first sub-paragraph of Article 8.1” substitute “Articles 8.1 and 8.2”;
(f)
omit item 21;
(g)
“22. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR
Less than 3 hours but more than 2 hours rest
2 hours or less but more than 1 hours rest
1 hour or less rest
22A. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR
Less than 9 hours but more than 8 hours rest
8 hours or less but more than 7 hours rest
7 hours or less rest”
(h)
in column 1 of item 23—
(i)
for “12 hours in total, in accordance with Article 8.1 of the AETR,” substitute “at least 12 hours in total”;
(ii)
at the end insert “, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR”;
(i)
in item 24—
(i)
for the entry in column 1 substitute “24. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8.1 and 8.3 of the AETR”;
(ii)
in column 2, for “8 hours” substitute “9 hours”;
(iii)
for “7 hours”, in both places it occurs, substitute “8 hours”;
(iv)
for “6 hours”, in both places it occurs, substitute “7 hours”;
(j)
in column 1 of item 25, for “Articles 6.1 and 8.3” substitute “Articles 8.1 and 8.6(a)”;
(k)
omit item 26;
(l)
in column 1 of item 27—
(i)
omit the words from “of 24 hours” to “vehicle is normally based”;
(ii)
for “Articles 6.1 and 8.3” substitute “Articles 8.1 and 8.6(a)”;
(m)
in column 1 of item 28, for the words from “sufficient” to the end substitute “equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by Article 8.6(a)(ii) of the AETR”.
(3)
“7.
Regulation 3A of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996
(1) Nature of contravention or failure constituting the offence
(2) Amount of penalty
1. Failure to ensure recording equipment installed in accordance with regulation 3A(1) of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996
£200
2. Failure to ensure the correct functioning of recording equipment or driver card, in accordance with Article 10 of the Annex to the AETR
£60
3. Failure to ensure the proper use of the recording equipment, in accordance with Article 10 of the Annex to the AETR
£120
4. Failure to ensure the proper use of the driver card, in accordance with Article 10 of the Annex to the AETR
£200
5. Failure to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with the second sub-paragraph of Article 11.1 of the Annex to the AETR
£120
6. Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with the first sub-paragraph of Article 11.1 of the Annex to the AETR
£60
7. Using driver card of which the driver is not the holder, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR
£200
8. Using a defective driver card, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR
£60
9. Failure to use record sheets or driver card, in accordance with the first sub-paragraph of Article 12.2(a) of the Annex to the AETR
£200
10. Unauthorised withdrawal of record sheet or driver card, contrary to the first sub-paragraph of Article 12.2(a) of the Annex to the AETR
£120
11. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with Article 12.2(b) of the Annex to the AETR
£120
12. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with paragraph (2)(c) or the second sub-paragraph of paragraph (2)(a) of Article 12 of the Annex to the AETR
£120
13. Failure at the start of the journey, to print out information required, etc, in accordance with Article 13.2(b)(i) of the Annex to the AETR
£120
14. Failure, at the end of the journey, to print out information required, etc, in accordance with Article 13.2(b)(ii) of the Annex to the AETR
£120”
Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009
28.
Road Traffic (Financial Penalty Deposit) Order (Northern Ireland) 2012
29.
(a)
in the entry relating to regulation 3(1) in the second column, for the words from “any” to the end substitute, “requirements relating to installation, use or repair of recording equipment in accordance with the EU Tachographs Regulation”;
(b)
“Regulation 3A(1) and (2)
Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with the AETR.”.
Road Traffic (Financial Penalty Deposit) (Appropriate Amount) Order (Northern Ireland) 2012
30.
(1)
(2)
In Table 2—
(a)
in column 1 of items 15 and 16, omit “the first sub-paragraph of”;
(b)
“16A. Exceeding the weekly driving time of 56 hours, in contravention of Article 6.2 of the AETR
More than 56 hours but less than 58 hours driving
58 hours or more but less than 59 hours driving
59 hours or more driving”
(c)
in column 1 of item 17, for the words from “total” to “Article 6.2” substitute “accumulated driving time in any two consecutive weeks, in contravention of Article 6.3”;
(d)
in column 1 of item 19—
(i)
after “Insufficient” insert “regular”;
(ii)
for “the first sub-paragraph of Article 8.1” substitute “Articles 8.1 and 8.2”;
(e)
in column 1 of item 20—
(i)
omit “(where permitted)”;
(ii)
for “the first sub-paragraph of Article 8.1” substitute “Articles 8.1 and 8.2”;
(f)
omit item 21;
(g)
“22. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR
Less than 3 hours but more than 2 hours rest
2 hours or less but more than 1 hours rest
1 hour or less rest
22A. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR
Less than 9 hours but more than 8 hours rest
8 hours or less but more than 7 hours rest
7 hours or less rest”
(h)
in column 1 of item 23—
(i)
for “12 hours in total, in accordance with Article 8.1 of the AETR,” substitute “at least 12 hours in total”;
(ii)
at the end insert “, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR”;
(i)
in item 24—
(i)
for the entry in column 1 substitute “24. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8.1 and 8.3 of the AETR”;
(ii)
in column 2, for “8 hours” substitute “9 hours”;
(iii)
for “7 hours”, in both places it occurs, substitute “8 hours”;
(iv)
for “6 hours”, in both places it occurs, substitute “7 hours”;
(j)
in column 1 of item 25, for “Articles 6.1 and 8.3” substitute “Articles 8.1 and 8.6(a)”;
(k)
omit item 26;
(l)
in column 1 of item 27—
(i)
omit the words from “of 24 hours” to “driver is based”;
(ii)
for “Articles 6.1 and 8.3” substitute “Articles 8.1 and 8.6(a)”;
(m)
in column 1 of item 28, for the words from “sufficient” to the end substitute “equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by Article 8.6(a)(ii) of the AETR”.
(3)
“Table 7Regulation 3A of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996
(1) Nature of contravention or failure constituting the offence
(2)Applicable level of deposit
1. Failure to ensure recording equipment installed in accordance with regulation 3A(1)
£200
2. Failure to ensure the correct functioning of recording equipment or driver card, in accordance with Article 10 of the Annex to the AETR
£60
3. Failure to ensure the proper use of the recording equipment, in accordance with Article 10 of the Annex to the AETR
£120
4. Failure to ensure the proper use of the driver card, in accordance with Article 10 of the Annex to the AETR
£200
5. Failure to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with the second sub-paragraph of Article 11.1 of the Annex to the AETR
£120
6. Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with the first sub-paragraph of Article 11.1 of the Annex to the AETR
£60
7. Using driver card of which the driver is not the holder, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR
£200
8. Using a defective driver card, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR
£60
9. Failure to use record sheets or driver card, in accordance with the first sub-paragraph of Article 12.2(a) of the Annex to the AETR
£200
10. Unauthorised withdrawal of record sheet or driver card, contrary to the first sub-paragraph of Article 12.2(a) of the Annex to the AETR
£120
11. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with Article 12.2(b) of the Annex to the AETR
£120
12. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with paragraph (2)(c) or the second sub-paragraph of paragraph (2)(a) of Article 12 of the Annex to the AETR
£120
13. Failure, at the start of the journey, to print out information required, etc, in accordance with Article 13.2(b)(i) of the Annex to the AETR
£120
14. Failure, at the end of the journey, to print out information required, etc, in accordance with Article 13.2(b)(ii) of the Annex to the AETR
£120
15. In all other cases
£30”