- Latest available (Revised)
- Point in Time (23/04/2010)
- Original (As made)
Version Superseded: 02/03/2016
Point in time view as at 23/04/2010.
There are currently no known outstanding effects for the The Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card Fees) Regulations 2005.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
1.—(1) These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card Fees) Regulations 2005 and shall come into force on 1st June 2005.
(2) These Regulations extend to Great Britain.
2.—(1) In these Regulations—
[F1“the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport(1) as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007(2)]
“company card”, “control card”, “driver card” and “workshop card” have the meanings given by Annex IB to the Community Recording Equipment Regulation;
“competent authority” has the same meaning as in the Community Recording Equipment Regulation;
“tachograph card” means a company card, control card, driver card or workshop card; and
“working day” means a day other than a Saturday, Sunday, bank holiday, Christmas Day or Good Friday (and “bank holiday” means a day to be observed as such under section 1 of and Schedule 1 to the Banking and Financial Dealings Act 1971(1)).
(2) Where any question arises as to whether a person is normally resident in Great Britain he shall be deemed to be normally resident there if he shows that he will have lived there for no fewer than 185 days during the period of 12 months ending on the day on which the tachographs card is to be issued.
Textual Amendments
F1Words in reg. 2(1) substituted (23.4.2010) by The Passenger and Goods Vehicles (Community Recording Equipment Regulation) Regulations 2010 (S.I. 2010/892), regs. 1, 3(1)(2)(e)
Commencement Information
3.—(1) The Secretary of State shall issue a driver card to a person who complies with the requirements in paragraph (2).
(2) The requirements are that the person—
(a)satisfies the Secretary of State that he is a driver subject to the provisions of—
(i)Commission Regulation (EEC) No 3820/85, and
(ii)the Community Recording Equipment Regulation;
(b)satisfies the Secretary of State that he is normally resident within Great Britain;
(c)makes an application for the card—
(i)not more than 90 days before he wishes it to come into force, and
(ii)in such form, and provides the Secretary of State with such documents and information in support of the application, as the Secretary of State may require;
(d)save in the circumstances described in paragraph (3), does not hold a driver card; and
(e)pays the fee prescribed in accordance with regulation 8.
(3) The circumstances referred to in paragraph (2)(d) are that the person
(i)holds a driver card (“existing card”) issued by the Secretary of State which is in force, and
(ii)has applied to renew it not later than 15 working days before the date of expiry of his existing card.
4.—(1) The holder of a driver card may apply to exchange his driver card if the requirements in this regulation are satisfied.
(2) The driver card must have been issued to the holder by the competent authority, other than the Secretary of State, of a Member State of the European Union.
(3) The holder shall comply with the requirements of regulation 3(2)(a) to (e).
(4) The holder shall surrender the driver card issued by the other competent authority to the Secretary of State.
5.—(1) The Secretary of State shall issue a company card to a person who complies with the requirements in paragraph (2).
(2) The requirements are that the person—
(a)is the owner or holder of a vehicle in which there is equipment for recording information as to the use of that vehicle which—
(i)has been installed in accordance with the Community Recording Equipment Regulation; and
(ii)complies with Annexes IB and II to that Regulation;
(b)either—
(i)if an individual, is normally resident in Great Britain; or
(ii)if a company, has a place of business in Great Britain;
(c)makes an application for the card in such form and provides the Secretary of State with such documents and information in support of the application as the Secretary of State may require; and
(d)pays the fee prescribed in accordance with regulation 8.
6.—(1) The Secretary of State shall not issue a workshop card to a person to whom an approval has not been issued in accordance with regulation 4 of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979(2).
(2) The Secretary of State shall not issue a control card to a person who is not a constable or a vehicle examiner appointed under section 66A of the Road Traffic Act 1988(3).
7. If the holder of a tachograph card—
(a)satisfies the Secretary of State that
(i)the card is damaged, malfunctions, is lost or is stolen; and
(ii)the holder is entitled to continue to hold the card;
(b)surrenders the damaged or malfunctioning card to the Secretary of State;
(c)applies to the Secretary of State within seven days of such damage, malfunction, loss or theft;
(d)makes his application in such form, and provides the Secretary of State with such documents and information in support of the application, as the Secretary of State may require; and
(e)pays the fee prescribed in accordance with regulation 8 for the replacement of a card,
the Secretary of State shall issue a replacement card.
8.—(1) An applicant for a tachograph card shall pay such fee as may be determined in accordance with paragraphs (2), (3) and (4).
(2) The fee payable upon an application for a driver card shall, in the circumstances specified in column (1) of the table set out in Schedule 1, be the fee specified in relation thereto in column (2) of the table.
(3) The fee payable upon an application for a company card shall, in the circumstances specified in column (1) of the table set out in Schedule 2, be the fee specified in relation thereto in column (2) of the table.
(4) No fee shall be payable in respect of—
(a)a workshop card or a control card;
(b)replacement of a malfunctioning driver card or company card; or
(c)a driver card issued with corrected personal details of the driver in exchange for an existing driver card.
(5) When an application is made for a tachograph card, which, but for this paragraph, would attract more than one fee, only one fee shall be paid in respect of that card and where the fees are different, that fee shall be the higher or the highest of them.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Minister of State
Department for Transport
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: