Transport Act 1968 (c. 73)

Part VI U.K. Drivers’ Hours

Modifications etc. (not altering text)

C1 Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3

C2 Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)

C3 Pt. VI modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 27

[F1 99ZA Inspection of records and other documents and data relating to recording equipment U.K.

(1) An officer may, on production if so required of his authority, require any person to produce, and permit him to inspect, remove, retain and copy—

(a) if that person is the owner of a vehicle to which section 97 applies, any document of that person which the officer may reasonably require to inspect for the purpose of ascertaining whether the provisions of this Part of this Act have been complied with;

(b) any record sheet or hard copy of electronically stored data which that person is required by the [F2 EU Tachographs Regulation] to retain or to be able to produce;

(c) any book, register or other document required by the applicable Community Rules or which the officer may reasonably require to inspect for the purpose of ascertaining whether the requirements of the applicable Community rules have been complied with.

(2) An officer may, on production if so required of his authority, require any person—

(a) to produce and permit him to inspect any driver card which that person is required by [F3 Article 36 of the EU Tachographs Regulation] to be able to produce; and

(b) to permit the officer to copy the data stored on the driver card (and to remove temporarily the driver card for the purpose of doing so) and to remove and retain the copy.

(3) If the officer so requires by notice in writing, anything that a person is required to produce under subsection (1) or (2) of this section shall, instead of being produced when the requirement under those subsections is imposed, be produced at an address specified in the notice, within such time (not being less than ten days) from the service of the notice as is so specified.

(4) Where a notice is served under subsection (3) of this section, the officer may exercise his powers under this section at the place specified in the notice.

(5) In this Part of this Act any reference to copying data stored on a driver card or on digital recording equipment includes a reference to making a hard copy or an electronic copy of the data (and any reference to copies of data shall be construed accordingly).

(6) In this Part of this Act—

• “digital recording equipment” means recording equipment that complies with Annex IB to the [F4 EU Tachographs regulation];

• “driver card” has the meaning given in that Annex;

• “electronic copy” of data means a copy of data stored electronically together with the data’s digital signature (within the meaning of that Annex);

• “hard copy” in relation to data stored electronically means a printed out version of the data.]

Textual Amendments

F1 Ss. 99ZA-99ZF inserted (5.8.2005) by The Passenger and Goods Vehicles (Recording Equipment) Regulations 2005 (S.I. 2005/1904), regs. 1(1), 6

F2 Words in s. 99ZA(1)(b) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 8(a)

F3 Words in s. 99ZA(2)(a) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 8(b)

F4 Words in s. 99ZA(6) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 8(c)