The Community Drivers’ Hours Offences (Enforcement) Regulations 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 6 of the Transport Act 1968 provides offences and penalties for infringements of Regulation (EC) No. 561/2006 (OJ No L 102, 11.4.2006, p. 1) and the European Agreement concerning the Work of Crews and Vehicles engaged in International Transport of 1st July 1979 (as amended) which both prescribe rules about periods of driving, rests and breaks for drivers of specified vehicles undertaking international carriage of goods and passengers.

Sections 54, 75 and 90A of the Road Traffic Offenders Act 1988 provide for the issue by vehicle examiners or constables (“enforcement officers”) of fixed penalty notices, conditional offers and financial penalty deposit requirements in respect of certain offences. These sections provide that, if certain conditions are met, an enforcement officer may issue, for certain offences committed in England and Wales, fixed penalty notices, conditional offers and financial penalty deposit requirements and, for certain offences committed in Scotland, conditional offers and financial penalty deposit requirements.

Regulation 2 amends sections 96(11A) and 98(4) of the Transport Act 1968 to confirm that such enforcement action may be taken in Great Britain for breaches of any of the applicable Community rules which constitute offences under sections 96(11A) and 98(4) committed in other member States or in a contracting third country.

Regulations 3, 4 and 7 of these Regulations amend, respectively, sections 54, 75 and 90A of the Road Traffic Offenders Act 1988 to provide for fixed penalties notices, conditional offers and financial penalty deposit requirements to be issued by enforcement officers in respect of four specified offences (referred to in these Regulations as Community drivers’ hours offences) when committed on any occasion up to 28 days prior to day of the occasion when the enforcement officer has reason to suspect that such an offence has been committed. Regulation 4 amends section 75 in relation to Scotland only.

Regulations 9 and 10 make consequential amendments.

Regulation 11 makes transitional provision preventing fixed penalty notices, conditional offers and financial penalty deposit requirements being issued by enforcement officers for Community drivers’ hours offences committed before the coming into force of these Regulations but detected by enforcement officers on a date after the Regulations come into force.

A consolidated version of the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport including relevant amendments can be obtained from Helen Grech at the Department of Transport, Great Minister House, 33 Horseferry Road, London W1P 4DR.

A full regulatory impact assessment has not been produced as the impact on the private or voluntary sectors is minimal. An Explanatory Memorandum is available alongside this instrument on www.legislation.gov.uk.