The Passenger and Goods Vehicles (Recording Equipment) Regulations 1979

EXPLANATORY NOTE

These Regulations apply to passenger and goods vehicles to which Part VI (Drivers' Hours) of the Transport Act 1968 applies. They amend that part of that Act by substituting for section 97 (Installation and operation of recording equipment in vehicles) new sections 97 to 97B. The principal effects of the amendments to Part VI of the Transport Act 1968 are as follows:—

(a) In exercise of powers conferred by section 2(2) of the European Communities Act 1972, they implement Council Regulation (EEC) 1463/70 of 20th July 1970 on the introduction of recording equipment (tachographs) in road transport as amended by Council Regulations (EEC) Nos. 1787/73 and 2828/77 and as read with the Community Road Transport Rules (Exemptions) Regulations 1978 (No.1158) (hereinafter called “the Council Regulation”).

The new section 97 (Regulation 2(1)) makes it an offence punishable on summary conviction with a fine of up to £200 to use a vehicle within the scope of the Council Regulation (subsection (4) and Article 3 of the Council Regulation) without a tachograph as required by that Regulation being installed (subsection (1)(a)) or where a tachograph has been so installed to fail to use it as provided by Articles 15 to 17 of the Council Regulation (subsection (1)(b)).

The new section provides defences for:—

(i) vehicles going to have tachographs installed in accordance with the Council Regulation (subsection (2));

(ii) subject to specified conditions, for vehicles with tachographs that are not in working order (subsection (3));

(iii) subject to specified conditions, for vehicles with tachographs on which any seal has been broken (subsection (4)).

(b) The new section 97A imposes requirements upon crew members of vehicles to which section 97 applies and their employers, which are supplementary to section 97 and to the requirements of Articles 15 to 17 of the Council Regulation. These requirements cover—

(i) the period within which tachograph record sheets must be returned to the employer; and

(ii) notification to employers by crew members of the names and addresses of other employers.

Failure to comply with these requirements is an offence punishable on summary conviction by a fine of up to £200.

Paragraph (2) of Regulation 2 specifies a timetable for the coming into force of the requirement for the installation of tachographs in section 97(1)(a). This is—

(i) 14th January 1980 for vehicles being used on international journeys;

(ii) 31st December 1981 for vehicles with an operating centre (as defined in the Regulation) on a UK island (as so defined) other than the Isle of Wight;

(iii) in other cases a series of dates between 1st April 1980 and 31st December 1981 for different groups of vehicles according to the date of first registration of the vehicles starting with the most recently registered vehicles.

Paragraph (3) of Regulation 2 specifies a timetable for the coming into force of the requirement for the tachograph to be used in accordance with Articles 15 to 17 of the Council Regulation (section 97(1)(b)) and of the supplementary requirements of section 97A. In relation to vehicles being used on international journeys this is again 14th January 1980 and in any other case, 31st December 1981.

(c) A new section 97B makes provision for the use of tachograph record sheets (and any entries made thereon for the purposes of Articles 17(2) or (3) or 18(2) of the Council Regulation) in evidence in proceedings under Part VI of the Transport Act 1968.

(d) Regulation 3 makes consequential adaptations to various enactments:—

(i) New subsections are inserted in section 98 (Written records) of the Act of 1968 to disapply the requirements for the keeping of manual records in the case of a vehicle to which section 97 applies and is in force, and also in the case of a vehicle to which that section does not apply or is not in force but which has a tachograph installed and used in accordance with the Council Regulation and section 97A.

(ii) A corresponding amendment is made to section 99 (Inspection of records and other documents) of the 1968 Act, and that section is extended to apply to tachograph record sheets and to the inspection of any tachograph installed in a vehicle to which Part VI of the 1968 Act applies.

(iii) Schedule 1 of the Road Traffic (Foreign Vehicles) Act 1972 (Enactments conferring functions on examiners) is similarly extended.

Regulation 4 provides for the approval by the Minister of Transport of fitters and workshops for the installation and repair of tachographs in Great Britain.

Regulation 5 reduces from seven days to two days the period for which crew members of vehicles registered in Great Britain are required by Article 17 of the Council Regulation to retain record sheets relating to national transport operations.

The Regulations revoke the Passenger and Goods Vehicles (Recording Equipment) Regulations 1977 (No. 777) which introduced a voluntary scheme for the installation and use of tachographs for the purposes of the Council Regulation in passenger and goods vehicles registered in any Member State.