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.