Part VIU.K. Drivers’ Hours

Modifications etc. (not altering text)

C1Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3

C2Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)

[F197 Installation and use of recording equipment [F2: EU requirements].E+W+S

[F3(1)No person shall use, or cause or permit to be used, a vehicle to which this section applies

[F4(a)unless there is in the vehicle recording equipment which—

(i)has been installed in accordance with the [F5EU Tachographs Regulation];

[F6(ii)complies with that Regulation (including the relevant Annexes to it);] and

(iii)is being used as provided by [F7Articles [F827 to 29 and 32 to 37]] of that Regulation][F9, or]

[F9(b)in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the [F10EU Tachographs Regulation];]

and any person who contravenes this subsection shall be liable on summary conviction to a fine not exceeding [F11level 5] on the standard scale.]

[F12(1A)A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he 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 [F13EU Tachographs Regulation].]

(2)A person shall not be liable to be convicted under subsection (1) [F14(a)] of this section if he proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with F15... the [F16EU Tachographs Regulation] was to be installed in the vehicle in accordance with that Regulation.

(3)A person shall not be liable to be convicted under subsection (1) [F14(a)] of this section by reason of the recording equipment installed in the vehicle in question not being in working order if he 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 [F17Article 37(2) of the EU Tachographs Regulation] were being complied with.

(4)A person shall not be liable to be convicted under subsection (1) [F14(a)] of this section by reason of any seal on the recording equipment installed in the vehicle in question not being intact if he 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 [F18Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation].

[F19(4A)A person shall not be liable to be convicted under subsection (1)(a) of this section by reason of the driver card not being used with the recording equipment installed in the vehicle in question if he proves to the court that—

(a)the driver card was damaged, malfunctioning, lost or stolen;

(b)the requirements of [F20Articles 29(2) to (5), 35 and 37(2) of the EU Tachographs Regulation] were being complied with; and

(c)in all other respects the recording equipment was being used as provided by [F21Articles 27 to 29 and 32 to 37] of that Regulation.]

[F22(4B)A person shall not be liable to be convicted under subsection (1) of this section by reason of using recording equipment which does not bear a type-approval mark issued under Article 14 of the EU Tachographs Regulation if he proves to the court that the use of the recording equipment was in the course of a field test authorised under section 96A.

(4C)Where a person (“the driver”)—

(a)in the course of the driver’s employment, uses a vehicle in contravention of subsection (1), and

(b)is liable to be convicted under that subsection in respect of that use,

the employer also commits an offence and shall be liable on summary conviction to a fine.

(4D)A person shall not be liable to be convicted under subsection (4C) in respect of the use of a vehicle if the requirements of Article 10(1) and (2) of the Community Drivers’ Hours Regulation (liability of transport undertakings) and Article 33(1) of the EU Tachographs Regulation (responsibility of transport undertakings) were complied with in relation to that use.]

(5)For the purposes of this section recording equipment is used as provided by [F23Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation] if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

(6)This section applies at any time to any vehicles to which this Part of this Act applies if, at that time, Article 3 of the [F24EU Tachographs Regulation] requires recording equipment to be installed and used in that vehicle; and in this section and [F25sections 97B to 97G] of this Act [F26(so far as those sections relate to the EU Tachographs Regulation)] any expression which it is also used in that Regulation has the same meaning as in that Regulation.

(7)In this Part of this Act—

Textual Amendments

F1Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F3S. 97(1) substituted by S.I. 1984/144, reg. 2(1)

F4By S.I. 1989/2121, art. 2(2) it is provided that in s. 97(1) the words from “unless" to the end of paragraph (c) shall become paragraph(a), with paragraphs (a), (b) and (c) becoming sub-paragraphs “(i)", “(ii)" and “(iii)" of that paragraph

F7Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F9S. 97(1)(b) and word “or" preceding it inserted by S.I. 1989/2121, art. 2(2)

F11Words substituted by S.I. 1989/2121, art. 2(2)

F12S. 97(1A) inserted by S.I. 1989/2121, art. 2(3)

F14 “(a)" inserted by S.I. 1989/2121, art. 2(4)

Modifications etc. (not altering text)

C4S. 97 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7); S.I. 1994/2850, art. 3(a), Sch. 2