The Community Drivers’ Hours and Recording Equipment Regulations 2007

Citation, commencement, interpretation and revocation

1.—(1) These Regulations may be cited as the Community Drivers’ Hours and Recording Equipment Regulations 2007 and shall come into force on the seventh day after the day on which they are made.

(2) In these Regulations—

“the Community Drivers’ Hours Regulation” means Regulation (EC) No 561/2006 of the European Parliament and of the Council(1) as amended from time to time;

“the Community Recording Equipment Regulation” means Council Regulation (EEC) No 3821/85(2) as amended from time to time; and

“the 1968 Act” means the Transport Act 1968.

(3) Any expression used in these Regulations which is used in the Community Drivers’ Hours Regulation has the same meaning as in that Regulation.

(4) The following provisions are revoked—

(a) the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986(3);

(b) the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1986(4);

(c) the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1987(5);

(d) the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1988(6);

(e) the Community Drivers’ Hours and Recording Equipment (Amendment) Regulations 1998(7); and

(f) paragraph 7 of the Schedule to the Railways Act 1993 (Consequential Modifications) Order 1994(8).

Exemption from the Community Drivers’ Hours Regulation

2.—(1) Pursuant to Article 13(1) of the Community Drivers’ Hours Regulation, exemption is granted from Articles 6, 7, 8 and 9 of that Regulation in respect of—

(a) any vehicle falling within a description specified in Part 1 of the Schedule to these Regulations, and

(b) any vehicle—

(i) which has a maximum permissible mass not exceeding 7.5 tonnes,

(ii) which is being used to deliver items as part of a universal service by a universal service provider as defined in Article 2(13) of Directive 97/67/EC(9) of the European Parliament and of the Council on common rules for the development of the internal market of Community postal services,

(iii) which is being used within a 50 kilometre radius from the base of the universal service provider, and

(iv) the driving of which does not constitute the driver’s main activity.

(2) Pursuant to Article 14(1) of the Community Drivers’ Hours Regulation, exemption is granted from Articles 6, 7, 8 and 9 of that Regulation in respect of any vehicle falling within a description specified in Part 2 of the Schedule to these Regulations.

Supplementary provisions relating to the Community Drivers’ Hours Regulation

3.  For the purpose of Article 3(i) of the Community Drivers’ Hours Regulation a vehicle has a historic status if it is a vehicle which is by virtue of its construction and equipment suitable for carrying passengers or goods and which was manufactured more than 25 years before the date on which it is being driven.

Exemption from the Community Recording Equipment Regulation

4.—(1) Pursuant to Article 3(2) of the Community Recording Equipment Regulation, exemption is granted from the provisions of that Regulation in respect of any vehicle falling within a description specified in Part 1 of the Schedule to these Regulations.

(2) Pursuant to Article 3(3) of the Community Recording Equipment Regulation, exemption is granted from the provisions of that Regulation in respect of:

(a) any vehicle falling within a description specified in Part 2 of the Schedule to these Regulations; and

(b) any vehicle being used for collecting sea coal.

Amendment of Part 6 of the Transport Act 1968

5.  The 1968 Act is amended as follows.

6.  In section 95(2) for paragraph (c) substitute—

“(c) vehicles not falling within paragraph (a) or (b) of this subsection which—

(i) are vehicles within the meaning given by Article 4 of the Community Drivers’ Hours Regulation; and

(ii) are not referred to in Article 3 of that Regulation.”.

7.  In section 96—

(a) in subsection (11A)—

(i) omit the words “in Great Britain”;

(ii) for the words from “any other person” to “the contravention” substitute “the offender’s employer, and any other person to whose orders the offender was subject,”;

(b) in subsection (11B), after paragraph (b) insert—

“; or

(c) being charged as mentioned in paragraph (b), he proves—

(i) that at the time of the contravention he was complying with Article 10(1) (distance-related payments etc) and Article 10(2) (organisation of drivers’ work etc) of the Community Drivers’ Hours Regulation; and

(ii) that he took all reasonable steps to avoid the contravention.”;

(c) after subsection (11B) insert—

“(11C) A person who—

(a) is subject to the requirement imposed by Article 10(4) of the Community Drivers’ Hours Regulation (undertakings etc to ensure that contractually agreed transport time schedules respect that Regulation); and

(b) fails to take all reasonable steps to comply with that requirement,

shall be liable on summary conviction to a fine not exceeding level 4 on the standard

scale.”.

8.  In section 103(1) —

(a) after the definition of “the analogue recording equipment” insert—

““the Community Drivers’ Hours Regulation” means Regulation (EC) No. 561/2006 of the European Parliament and of the Council as amended from time to time;”, and

(b) at the end of the definition of “the applicable Community Rules” insert—

“and includes the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970(10), as amended, as applied by Article 2(3) of the Community Drivers’ Hours Regulation”.

Signed by authority of the Secretary of State for Transport

S.J.Ladyman

Minister of State

Department for Transport

25th June 2007