Statutory Rules of Northern Ireland
2019 No. 194
European Communities
Road Traffic And Vehicles
The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations (Northern Ireland) 2019
Made 2nd October 2019
Coming into operation 30th October 2019

The Department for Infrastructure makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A of Schedule 2 to, the European Communities Act 1972 and Article 83(1) of the Road Traffic (Northern Ireland) Order 1981 and now vested in it.
Formerly the Department for Regional Development; see section 1(6) and (11) of, and Schedule 1 to, the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)). Pursuant to section 1(9) of that Act, the Department of the Environment is dissolved
1972 c. 68; section 2(2) is amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7); paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 and S.I. 2007/1388
S.I. 1981/154 (N.I. 1); to which there are amendments not relevant to these Regulations
See Article 8(1)(b) of, and Part 2 of Schedule 5 to, the Departments (Transfer of Functions) Order (Northern Ireland) 2016 (S.R. 2016 No. 76)
The Department for Infrastructure is designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles and the regulation and supervision of working conditions of persons engaged in road transport.
S.I. 1972/1811 and S.I. 1975/1707
It appears to the Department that it is expedient for the reference to Commission Implementing Regulation (EU) 2016/799, 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, in the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996, to be construed as a reference to that instrument as amended from time to time.
O.J. No. L 139, 26.5.2016, p. 1
O.J. No. L 60, 28.2.2014, p. 1; Regulation (EU) No. 165/2014 repeals Council Regulation (EEC) No. 3821/85 on recording equipment in road transport and amends Regulation (EC) No. 651/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport

Citation, commencement and interpretation
1. (1) These Regulations may be cited as the Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations (Northern Ireland) 2019 and shall come into operation on 30th October 2019.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
1954 c. 33 (N.I.)

Amendment of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996
2. (1) The Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 are amended in accordance with paragraphs (2) and (3).
S.R. 1996 No. 145
(2) In regulation 2(1) (interpretation)—
Regulation 2(1) was amended by S.R. 1998 No. 270, S.R. 2005 No. 325, S.R. 2005 No. 441, S.R. 2006 No. 274, S.R. 2010 No. 23, S.R. 2011 No. 235, S.R. 2016 No. 343 and S.R. 2019 No. 12
(a) before the definition of “the EU Tachographs Regulation” insert—

““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;
O.J. No. L 370, 31.12.1985, p. 8”;

(b) for the definition of “the relevant Annexes” substitute—

““the relevant technical specifications” means Annex II to 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 to the EU Tachographs Regulation;
(ii) Annex IB to Council Regulation (EEC) No 3821/85 for as long as preserved and applied by Article 46 of the EU Tachographs Regulation; or
(iii) Annex IC to Commission Implementing Regulation (EU) 2016/799;
(b) in the case of a vehicle put into service for the first time on or after 1st May 2006 but before 30th October 2019—
(i) Annex IB to 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 30th October    2019, Annex IC to Commission Implementing Regulation (EU) 2016/799;”

and
(c) in the definition of “relevant provision”, for paragraph (a) substitute—

“(a) in relation to a vehicle to which regulation 3 applies—
(i) where the vehicle was put into service for the first time before 30th October   2019—
(aa) Annex IB to Council Regulation (EEC) No 3821/85 for as long as preserved and applied by Article 46 of the EU Tachographs Regulation; or
(bb) Annex IC to Commission Implementing Regulation (EU) 2016/799; and
(ii) where the vehicle was put into service for the first time on or after 30th October 2019, Annex IC to Commission Implementing Regulation (EU) 2016/799; and”.

(3) In regulation 3 (installation and use of recording equipment: EU requirements), in paragraph (1)—
Regulation 3 was amended by S.R. 2006 No. 274, S.R. 2010 No. 23, S.R. 2016 No. 343 and S.R. 2019 No. 12
(a) in sub-paragraph (a)(i), after “Regulation” insert “(including the relevant technical specifications)”;
(b) in sub-paragraph (a)(ii), for “that Regulation (including the relevant Annexes to it)” substitute “the EU Tachographs Regulation (including the relevant technical specifications)”; and
(c) in sub-paragraph (a)(iii), for “that Regulation” substitute “the EU Tachographs Regulation”.

Amendment of the Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019
3. (1) The Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019 are amended in accordance with paragraphs (2) and (3).
S.I. 2019 /596
(2) In regulation 7 omit paragraphs (e) and (f).
(3) In regulation 9, for paragraph (2) substitute—

“(2) In paragraph (1)(a)(i) after “technical specifications” insert “or the equivalent EU Regulation”;”.

Sealed with the Official Seal of the Department for Infrastructure on 2nd October 2019
Elizabeth Loughran
A senior officer of the
Department for Infrastructure

EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Passenger and Goods Vehicles (Tachographs) Regulations (Northern Ireland) 1996 in order to ensure that new requirements in relation to smart tachographs can be effectively enforced.
Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 sets out requirements in relation to the construction, installation, use, testing and control of tachographs used in road transport. Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 gives effect to new requirements in relation to the construction, testing, installation, operation and repair of smart tachographs and their components.
Northern Ireland’s domestic legislation is updated by these Regulations to include reference to Annex IC to Commission Implementing Regulation (EU) 2016/799, which will ensure that appropriate provision for the enforcement of the new requirements is in place.
The Regulations also make consequential amendments to provisions in the Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019 which are not yet in force and which will no longer be required from Exit day as a result of these Regulations.
An Explanatory Memorandum has been produced and is available from Safe and Accessible Travel Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr