C1C2C3Part VI Drivers’ Hours
Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)
Pt. VI modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 27
97ZBF1Supply of recording equipment which is not type-approved
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 Great Britain,
b
the person had reasonable cause to believe that the recording equipment would not be installed in a vehicle used on a road in Great Britain 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 section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
4
Nothing in this section affects the validity of a contract or any rights arising under or in relation to a contract.
5
In this section—
“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 1980 and the EU Tachographs Regulation, or
- ii
issued in another member State under the EU Tachographs Regulation;
- i
- 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;
- i
- a
“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;
- a
“supplies” includes—
- a
sells;
- b
offers to sell or supply;
- c
exposes for sale.
- a
Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3