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)

[F199ZEInspection of records and other documents and data relating to recording equipmentU.K.

Offences: false records and data etc.

(1)A person commits an offence—

(a)if he makes, or causes or permits to be made, a relevant record or entry which he knows to be false;

(b)if, with intent to deceive, he alters, or causes or permits to be altered, a relevant record or entry;

(c)if he destroys or suppresses, or causes or permits to be destroyed or suppressed, a relevant record or entry; or

(d)if he fails without reasonable excuse to make a relevant record or entry, or causes or permits such a failure.

(2)For the purposes of subsection (1) of this section a “relevant record or entry” is—

(a)any record or entry required to be made by or for the purposes of the [F2EU Tachographs Regulation] [F3, the AETR or section 97 or 97ZA] of this Act; or

(b)any entry in a book, register or document kept or carried for the purposes of the applicable Community rules.

(3)A person commits an offence—

(a)if he records or causes or permits to be recorded any data which he knows to be false on recording equipment or on a driver card;

(b)if he records or causes or permits to be recorded any data which he knows to be false on any hard copy of data previously stored on recording equipment or on a driver card;

(c)if, with intent to deceive, he alters, or causes or permits to be altered, any data stored on recording equipment or on a driver card or appearing on any copy of data previously so stored;

(d)if, with intent to deceive, he produces anything falsely purporting to be a hard copy of data stored on recording equipment or on a driver card;

(e)if he destroys or suppresses, or causes or permits to be destroyed or suppressed, any data stored in compliance with the requirements of the applicable Community rules on recording equipment or on a driver card; or

(f)if he fails without reasonable excuse to record any data on recording equipment or on a driver card, or causes or permits such a failure.

(4)A person guilty of an offence under subsection (1) or (3) of this section consisting otherwise than in permitting an act or omission is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

(5)A person guilty of an offence under subsection (1) or (3) of this section consisting in permitting an act or omission is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(6)A person commits an offence if he [F4produces, distributes, installs, advertises or sells] any device—

(a)that is designed to interfere with the proper operation of any recording equipment, or

(b)that is designed to enable the falsification, alteration, destruction or suppression of data stored in compliance with requirements of the applicable Community Rules on any recording equipment or driver’s card.

(7)A person commits an offence if without reasonable excuse he provides information which would assist other persons in producing any such device.

(8)A person shall not be liable to be convicted under subsection (6) or (7) of this section if he proves to the court that he produced, supplied or installed the device, or provided information to assist a person in producing a device, for use in connection with the enforcement of the provisions of this Part of this Act.

(9)A person guilty of an offence under subsection (6) or (7) of this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(10)For the purposes of this section, a person shall be taken to permit an act or omission if he is, or ought reasonably to be, aware of the act or omission, or of it being a likelihood, and takes no steps to prevent it.]

Textual Amendments