The Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card Fees) Regulations 2005

Interpretation

2.—(1) In these Regulations—

“Community Recording Equipment Regulation” means Council Regulation (EEC) No 3821/85(1) on recording equipment in road transport as it has effect in accordance with—

(a)

Commission Regulation (EEC) No 3314/90(2);

(b)

Commission Regulation (EEC) No 3688/92(3);

(c)

Commission Regulation (EC) No 2479/95(4)

(d)

Commission Regulation (EC) 1056/97(5);

(e)

Article 1 of Commission Regulation (EC) 2135/98(6);

(f)

Commission Regulation (EC) 1360/2002(7);

(g)

Commission Regulation (EC) 432/2004(8); and

(h)

any Regulations adopted in accordance with the procedure laid down in article 18 to the Community Recording Equipment Regulation making amendments necessary to adapt the Annexes to that Regulation to technical progress;

and as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986(9);

“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(10)).

(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.

(1)

O.J. No. L370, 31.12.85, p.8.

(2)

O.J. No L318, 17,11.90, p.20.

(3)

O.J. No. L374, 22.12.92, p.12.

(4)

O.J. No. L256, 26.10.95, p.8.

(5)

O.J. No, L154, 12.06.97, p.21.

(6)

O.J. No. L274, 09.10.98, p.1.

(7)

O.J. No. L207, 05.08.02, p.1.

(8)

O.J. No. L071, 10.03.04, p.3.

(9)

S.I.1986/1456, as amended by S.I. 1986/1669, 1987/805, 1988/760, 1998/2006, 2003/1615.

(10)

1971 c. 80.