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.