The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

Statutory Instruments

2019 No. 453

Exiting The European Union

Road Traffic

The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

Made

4th March 2019

Coming into force in accordance with regulations 1(2) and (3)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1 , and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M2 .

The Secretary of State for Transport is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles M3 and the regulation and supervision of working conditions of persons engaged in road transport M4 .

These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities act 1972 and it appears to the Secretary of State that it is expedient for the reference to Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport to be construed as a reference to that instrument as amended from time to time.

In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of these Regulations has been laid before Parliament and has been approved by a resolution of each House of Parliament.

Marginal Citations

M1 1972 c. 68; section 2(2) was amended by the Legislative and Regulatory Reform Act 2006 (c. 51), section 27(1)(a), and the European Union (Amendment) Act 2008 (c. 7), section 3(3), Schedule, Part 1.

M2 2018 c. 16.

M3 S.I. 1972/1811.

M4 S.I. 1975/1707.

PART 1 U.K. Introduction

Citation, commencement and extent U.K.

1.—(1) These Regulations may be cited as the Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019.

(2) Parts 1 and 2 come into force on the 22nd day after the day on which these Regulations are made.

(3) Parts 3 and 4 come into force on exit day.

(4) The following extend to England and Wales, Scotland and Northern Ireland—

(a) Part 1;

(b) Part 2, Chapter 2, regulations 21 and 23;

(c) Part 3, Chapter 2, regulation 49, and Part 3, Chapter 3;

(d) Part 4.

(5) Except for the regulations referred to in paragraphs 4(b) and (c), Part 2 and Part 3, Chapters 1 and 2 extend to England and Wales and Scotland.

Commencement Information

I1 Reg. 1 in force at 26.3.2019, see reg. 1(2)

PART 2 U.K. Amendments pursuant to the European Communities Act 1972

CHAPTER 1 E+W+S Amendments of primary legislation

Transport Act 1968 E+W+S

2.  The Transport Act 1968 M5 is amended as follows.

Commencement Information

I2 Reg. 2 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M5 1968 c. 73.

3.—(1) Section 96 is amended as follows.

(2) In subsection (11B) M6 —

(a) in paragraph (c), in the words before sub-paragraph (i), after “paragraph (b)” insert “in respect of a contravention of a provision of the Community Drivers' Hours Regulation M7 ”;

(b) in paragraph (c)(ii) for “contravention.” substitute “ contravention; or ”;

(c) after paragraph (c) (and the “or” inserted by paragraph (b) above) insert—

“(d) being charged as mentioned in paragraph (b) in respect of a contravention of a provision of the AETR M8 , the person proves—

(i) that at the time of the contravention the person was complying with Article 11(1) to (3) of the AETR (organisation of drivers' work, distance-related payments etc); and

(ii) that the person took all reasonable precautions to avoid the contravention.”.

(3) In subsection (11C) M9 —

(a) after “Community Drivers' Hours Regulation” insert “ or Article 11(5) of the AETR ”;

(b) for “that Regulation” substitute “ that provision ”.

Commencement Information

I3 Reg. 3 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M6 Section 96(11B) was inserted by section 10 of the Transport Act 1978 (c. 55) and amended by S.I. 2007/1819.

M7 OJ No. L 102, 11.4.2006, p. 1; relevant amending instruments are OJ No. L 300, 14.11.2009, p. 88 and OJ No. L 60, 28.2.2014, p. 1. Defined in section 103(1) of the Transport Act 1968 (c. 73).

M8 The AETR is the European Agreement concerning the work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 and is defined in section 103(1) of the Transport Act 1968 (c. 73). The AETR can be found in Cmnd 7401, Cmnd 8572, Cmnd 9037, Cm 1776, Cm 3042 and Cm 3135.

M9 Section 96(11C) was inserted by S.I. 2007/1819.

4.  In section 97 M10 —

(a) in the heading, at the end insert “ : EU requirements ”;

(b) for subsection (1)(a)(ii) (but not the “and” at the end) substitute—

“(ii) complies with that Regulation (including the relevant Annexes to it);”;

(c) in subsection (2) omit “the requirements of the relevant Annexes to”;

(d) in subsection (6), after “97G of this Act” insert “ (so far as those sections relate to the EU Tachographs Regulation) ”;

(e) in subsection (7)—

(i) in the definition of “the EU Tachographs Regulation”, after “transport” insert “ , as amended from time to time, ”;

(ii) in the definition of “the relevant Annexes”, for “Community Recording Equipment Regulation” substitute “ EU Tachographs Regulation ”.

Commencement Information

I4 Reg. 4 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M10 Section 97 was amended by S.I. 1979/1746, 1984/144, 1986/1457, 1989/2121, 2005/1904, 2006/1117, 2008/198, 2016/248.

5.  After section 97 insert—

“97ZA    Installation and use of recording equipment: AETR requirements

(1) No person shall use, or cause or permit to be used, a vehicle to which this section applies—

(a) unless there is in the vehicle recording equipment which—

(i) has been installed in accordance with the AETR;

(ii) complies with the AETR (including the relevant Appendices to the Annex to the AETR); and

(iii) is being used as provided by Articles 10 to 13 of the Annex to the AETR; or

(b) in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the AETR.

(2) A person who contravenes subsection (1) shall be liable on summary conviction—

(a) in England and Wales, to a fine;

(b) in Scotland, to a fine not exceeding level 5 on the standard scale.

(3) A person shall not be liable to be convicted for contravention of subsection (1) of this section if the person proves to the court that the person neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the AETR.

(4) A person shall not be liable to be convicted for contravention of subsection (1)(a) if the person proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with the AETR was to be installed in the vehicle in accordance with the AETR.

(5) A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of the recording equipment installed in the vehicle in question not being in working order if the person proves to the court that—

(a) it had not become reasonably practicable for the equipment to be repaired by an approved fitter or workshop; and

(b) the requirements of Article 13(2)(a) of the Annex to the AETR were being complied with.

(6) A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of any seal on the recording equipment installed in the vehicle in question not being intact if the person proves to the court that—

(a) the breaking or removal of the seal could not have been avoided;

(b) it had not become reasonably practicable for the seal to be replaced by an approved fitter or workshop; and

(c) in all other respects the equipment was being used as provided by Articles 10 to 13 of the Annex to the AETR.

(7) A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of the driver card not being used with the recording equipment installed in the vehicle in question if the person proves to the court that—

(a) the driver card was damaged, malfunctioning, lost or stolen;

(b) the requirements of Articles 12(1) and 13(2) and (3) of the Annex to the AETR were being complied with; and

(c) in all other respects the recording equipment was being used as provided by Articles 10 to 13 of the Annex to the AETR.

(8) Where a person (“the driver”)—

(a) in the course of the driver's employment, uses a vehicle in contravention of subsection (1), and

(b) is liable to be convicted for the contravention of that subsection in respect of that use,

the employer also commits an offence and shall be liable on summary conviction to a fine.

(9) A person shall not be liable to be convicted under subsection (8) in respect of the use of a vehicle if the requirements of Article 11(1) to (3) of the AETR and Article 11(1) of the Annex to the AETR were complied with in relation to that use.

(10) For the purposes of this section recording equipment is used as provided by Articles 10 to 13 of the Annex to the AETR if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

(11) This section applies at any time to any vehicle to which this Part of this Act applies if, at that time, the AETR requires recording equipment to be installed and used in that vehicle; and in this section and sections 97B to 97G of this Act (so far as those sections relate to the AETR) any expression which is also used in the AETR has the same meaning as in the AETR.

(12) In this Part of this Act—

“AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 M11 (as applied by Article 2(3) of the Community Drivers' Hours Regulation);

“the relevant Appendices” to the Annex to the AETR—

(a)

in the case of a vehicle put into service for the first time before 16th June 2010 means—

(i)

either Appendix 1 or Appendix 1B to that Annex; and

(ii)

Appendix 2 to that Annex; and

(b)

in the case of a vehicle put into service for the first time on or after that date means—

(i)

Appendix 1B to that Annex; and

(ii)

Appendix 2 to that Annex.

97ZB    Supply of recording equipment which is not type-approved

(1) A person commits an offence if the person supplies, as recording equipment which complies with the EU Tachographs Regulation or the AETR, recording equipment in respect of which no appropriate type-approval certificate is in force.

(2) It is a defence to show that—

(a) the recording equipment was supplied for export from Great Britain,

(b) the person had reasonable cause to believe that the recording equipment would not be installed in a vehicle used on a road in Great Britain or would not be so installed until an appropriate type-approval certificate was in force, or

(c) the person had reasonable cause to believe that the recording equipment would only be installed in a vehicle which was not required under the relevant instrument to have recording equipment installed in it.

(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) Nothing in this section affects the validity of a contract or any rights arising under or in relation to a contract.

(5) In this section—

“appropriate type-approval certificate” means—

(a)

in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—

(i)

issued under the Motor Vehicles (Type Approval) Regulations 1980 M12 and the EU Tachographs Regulation, or

(ii)

issued in another member State under the EU Tachographs Regulation;

(b)

in relation to recording equipment supplied as complying with the AETR, a type approval certificate—

(i)

issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, or

(ii)

issued in a contracting third country under the AETR;

“relevant instrument”—

(a)

in relation to recording equipment supplied as complying with the EU Tachographs Regulation, means that Regulation;

(b)

in relation to recording equipment supplied as complying with the AETR, means the AETR;

“supplies” includes—

(a)

sells;

(b)

offers to sell or supply;

(c)

exposes for sale.

97ZC    Recording equipment system elements: security vulnerabilities

(1) A person commits an offence if—

(a) the person is a manufacturer of a vehicle unit, motion sensor or tachograph card for which a type-approval certificate has been issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation,

(b) the person knows that security vulnerabilities have been detected for elements already on the market, as mentioned in Article 20(3) of the EU Tachographs Regulation, and

(c) the person fails to inform the Secretary of State that the security vulnerabilities have been detected.

(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”.

Commencement Information

I5 Reg. 5 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M11 Cmnd 7401, Cmnd 8572, Cmnd 9037, Cm 1776, Cm 3042 and Cm 3135.

M12 S.I. 1980/1182, amended by S.I. 1982/7, 1986/1501, 1988/1103, 2011/1043.

6.  In section 97AA(1) M13 , after “97” insert “ or 97ZA ”.

Commencement Information

I6 Reg. 6 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M13 Section 97AA was inserted by S.I. 1989/2121.

7.  In section 97B M14 , for subsection (2) substitute—

“(2) Any entry made on a record sheet or printout by a driver for the purposes of—

(a) Article 34(1), (3), (4) or (6) or 37(2) of the EU Tachographs Regulation, or

(b) Article 12(1), (2) or (5) or 13(2)(a) of the Annex to the AETR,

shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of the matters appearing from that entry.”.

Commencement Information

I7 Reg. 7 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M14 Section 97B was inserted by S.I. 1979/1746 and amended by S.I. 2005/1904, 2016/248.

8.  In section 97C M15 —

(a) in subsection (1)(b), at the end insert “ or the AETR ”;

(b) in subsection (2), after “97” insert “ or 97ZA ”.

Commencement Information

I8 Reg. 8 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M15 Section 97C was inserted by S.I. 2008/198 and amended by S.I. 2016/248.

9.  In section 97D M16 —

(a) in subsection (1), after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ”;

(b) in subsection (3), in column 2 of the table entry relating to case 1, in paragraph (b), after “article 10” insert “of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR”.

Commencement Information

I9 Reg. 9 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M16 Section 97D was inserted by S.I. 2008/198 and amended by S.I. 2015/502, 2016/248.

10.  In section 97E M17 —

(a) in subsection (1), after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ”;

(b) in subsection (3), in column 2 of the table entry relating to case 1, in paragraph (b), after “article 10” insert “of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR”.

Commencement Information

I10 Reg. 10 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M17 Section 97E was inserted by S.I. 2008/198.

11.  In section 97F(1)(b) M18 , after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ”.

Commencement Information

I11 Reg. 11 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M18 Section 97F was inserted by S.I. 2008/198 and amended by S.I. 2016/248.

12.  In section 97G(2) M19 , after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ”.

Commencement Information

I12 Reg. 12 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M19 Section 97G was inserted by S.I. 2008/198.

13.  In section 97H(3) M20 , after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ”.

Commencement Information

I13 Reg. 13 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M20 Section 97H was inserted by S.I. 2008/198.

14.—(1) Section 98(2A) M21 is amended as follows.

(2) The words from “a vehicle” to the end become paragraph (a).

(3) In that paragraph, for the words from “the relevant Annexes” to the end substitute “ the EU Tachographs Regulation (including the relevant Annexes, within the meaning of that section); ”.

(4) After that paragraph insert—

“(b) a vehicle to which section 97ZA applies and which is installed with recording equipment complying with the AETR (including the relevant Appendices to the Annex, within the meaning of that section).”.”

Commencement Information

I14 Reg. 14 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M21 Section 98(2A) was inserted by S.I. 1979/1746 and amended by S.I. 2005/1904.

15.  In section 99(11) M22 , after “97” insert “ or 97ZA ”.

Commencement Information

I15 Reg. 15 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M22 Section 99(11) was inserted by S.I. 2005/1904.

16.—(1) Section 99ZA M23 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “97” insert “ or 97ZA ”;

(b) in paragraph (b), after “Regulation” insert “ or the AETR ”.

(3) In subsection (2)(a), after “Regulation” insert “ or Article 12(7)(a) or (b) of the Annex to the AETR ”.

(4) In subsection (6)—

(a) in the definition of “digital recording equipment”, for “Annex 1B to the EU Tachographs Regulation” substitute “ the relevant provision ”;

(b) in the definition of “driver card”, for “in that annex” substitute “ by the relevant provision ”;

(c) in the definition of “electronic copy”, for “that Annex” substitute “ the relevant provision ”.

(5) After subsection (6) insert—

“(7) In subsection (6) “relevant provision” means—

(a) in relation to a vehicle to which section 97 applies, Annex 1B to the EU Tachographs Regulation;

(b) in relation to a vehicle to which section 97ZA applies, Appendix 1B to the Annex to the AETR.”.

Commencement Information

I16 Reg. 16 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M23 Section 99ZA was inserted by S.I. 2005/1904 and amended by S.I. 2016/248.

17.—(1) Section 99ZB M24 is amended as follows.

(2) In subsection (1), after “97” insert “ or 97ZA ”.

(3) In subsection (4)(a), after “97” insert “ or 97ZA ”.

(4) In subsection (5)(a), after “97” insert “ or 97ZA ”.

(5) In subsection (7)(b), for “EU Tachographs Regulation” substitute “ relevant instrument ”.

(6) For subsections (8) and (9) substitute—

“(8) In subsection (7) of this section—

“relevant person” means—

(a)

if the requirement was imposed by an examiner appointed under section 66A of the Road Traffic Act 1988 M25 , the Secretary of State;

(b)

if the requirement was imposed by a constable, the chief officer of police for the police area in which the requirement was imposed;

“relevant instrument” means—

(a)

in relation to a vehicle to which section 97 applies, the EU Tachographs Regulation;

(b)

in relation to a vehicle to which section 97ZA applies, the AETR.

(9) In this Part of this Act, “analogue recording equipment” means—

(a) in relation to a vehicle to which section 97 applies, recording equipment that complies with Annex I to the EU Tachographs Regulation;

(b) in relation to a vehicle to which section 97ZA applies, recording equipment that complies with Appendix 1 to Annex 1 to the AETR.”.

Commencement Information

I17 Reg. 17 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M24 Section 99ZB was inserted by S.I. 2005/1904 and amended by S.I. 2016/248.

M25 1988 c. 52; section 66A was inserted by section 9(1) of the Road Traffic Act 1991 (c. 40) and was amended by the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23).

18.  In section 99ZE(2)(a) M26 , for “or section 97” substitute “ , the AETR or section 97 or 97ZA ”.

Commencement Information

I18 Reg. 18 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M26 Section 99ZE was inserted by S.I. 2005/1904 and amended by S.I. 2016/248.

19.  In section 103(1) M27 , before the definition of “agriculture” insert—

““AETR” has the meaning given by section 97ZA(12) of this Act;”.

Commencement Information

I19 Reg. 19 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M27 Section 103(1) was amended by section 2(1) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and by S.I. 1979/1746, 1981/1373, 1986/1458, 2005/1904, 2007/1819, 2008/198, 2011/1043, 2013/1644, 2016/248, 2018/24.

Road Traffic Offenders Act 1988 E+W+S

20.  In Schedule 3 to the Road Traffic Offenders Act 1988 M28 , after the entry relating to section 97(1) of the Transport Act 1968 insert—

“Section 97ZA(1) and (2) of that Act

Using vehicle in contravention of requirements relating to installation, use or repair or recording equipment in accordance with the AETR.”

Commencement Information

I20 Reg. 20 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M28 1988 c. 53. Schedule 3 was amended by S.I. 2009/483 and 2016/248; there are other amendments which are not relevant to these Regulations.

CHAPTER 2 U.K. Amendments of secondary legislation

Motor Vehicles (Designation of Approval Marks) Regulations 1979 U.K.

21.—(1) In the Motor Vehicles (Designation of Approval Marks) Regulations 1979 M29 , the table in Schedule 4 is amended as follows.

(2) In item 3—

(a) in column 3, for “Road transport recording equipment and the model record sheet” substitute “ Vehicle unit, motion sensor, model record sheet and tachograph card ”;

(b) in column 4, for “The road transport recording equipment and the model record sheet” substitute “ The vehicle unit, motion sensor, model record sheet and tachograph card ”;

(c) in column 5, for “Council Regulation (EEC) No. 1463/70 of 20th July 1970” substitute “ Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4th February 2014 ”;

(d) in column 6, for “OJ L164, 27.7.70, p 1” substitute “ OJ L60, 28.2.2014, p 1 ”.

(3) After item 3 insert—

“3A

Control device, distance and speed sensor, model record sheet and memory card.

The control device, distance and speed sensor, model record sheet and memory card.

Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15th March 2006, so far it applies the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (see Article 2(3) of that Regulation)

OJ L102, 11.4.06, p 1

1 and 2”

Commencement Information

I21 Reg. 21 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M29 S.I. 1979/1088, as amended by S.I. 2011/1043; there are other amendments which are not relevant to these Regulations.

Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 E+W+S

22.  In regulation 4(1)(b) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 M30 , after “for the” insert “ approval and ”.

Commencement Information

I22 Reg. 22 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M30 S.I. 1979/1746, amended by S.I. 1984/144, 2016/248; there are other amendments which are not relevant to these Regulations.

Motor Vehicles (Type Approval) Regulations 1980 U.K.

23.—(1) The Motor Vehicles (Type Approval) Regulations 1980 M31 are amended as follows.

(2) In regulation 3(1)—

(a) in the definition of “component”—

(i) for “section 63(4) of the Road Traffic Act 1972” substitute “ section 80(4) of the Road Traffic Act 1988 ”;

(ii) for “Council Directive 78/315/EEC of 21st December 1977” substitute “ Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 M32 ”;

(b) in the definition of “road”, for “section 196(1) of the Road Traffic Act 1972” substitute “ section 192(1) of the Road Traffic Act 1988 ”;

(c) omit the definition of “the Community Directives”;

(d) in the definition of “the Community Regulations”—

(i) omit “Council”;

(ii) omit the words from “concerning” to the end;

(e) in the definition of “the relevant approval mark”, for “section 63 of the Road Traffic Act 1972” substitute “ section 80(1) of the Road Traffic Act 1988 ”;

(f) in the definition of “the type approval requirements” omit “Community Directives or”.

(3) In regulation 6(1), after “such other documents” insert “ or things ”.

(4) After regulation 12 insert—

“Recording equipment which breaches the type approval requirements or displays a general defect

12A.— (1) The Secretary of State must, by notice under Regulation 13, cancel a type-approval certificate relating to a relevant component of recording equipment if satisfied that the component—

(a) is not in conformity with the type-approval requirements, or

(b) displays a general defect during use which makes it unsuitable for the purpose for which it is intended.

(2) For the purposes of this regulation, each of the following is a relevant component of recording equipment—

(a) the component referred to as a vehicle unit or control device;

(b) the component referred to as a motion sensor or distance and speed sensor;

(c) the component referred to as a model record sheet;

(d) the component referred to as a tachograph card or memory card.”.

(5) In regulation 16(1) omit “Community Directives or the”.

(6) For Schedule 2, Part 2 substitute—

“Part II U.K. The Community Regulations

1.   Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 M33 so far as it applies the Annex to the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (which contains requirements corresponding to those contained in Regulation (EU) No 165/2014). See Article 2(3) of Regulation (EC) No 561/2006.

2.   Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council on the harmonisation of certain social legislation relating to transport M34 .”

Commencement Information

I23 Reg. 23 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M31 S.I. 1980/1182, amended by S.I. 1982/7, 1986/1501, 1988/1103, 2011/1043.

M32 OJ No. L 263, 9.10.2007, p. 1; relevant amending instruments are OJ No. L 175, 7.7.2017, p. 1, OJ No. L 175, 7.7.2017, p. 708 and OJ No. L 349, 29.12.2017, p. 1.

M33 OJ No. L 102, 11.4.2006, p.1.

M34 OJ No. L 60, 28.2.2014, p.1.

Motor Vehicles (Tests) Regulations 1981 E+W+S

24.—(1) The Motor Vehicles (Tests) Regulations 1981 M35 are amended as follows.

(2) In regulation 3(1)—

(a) omit the definition of “Community Recording Equipment Regulation”;

(b) insert at the appropriate place—

““EU Tachographs Regulation” has the meaning given in section 85 of the Road Traffic Act 1988;”.

(3) In each of the following, for “Community Recording Equipment Regulation” substitute “ EU Tachographs Regulation ”

(a) regulation 13(1)(m);

(b) regulation 20(7)(c)(xix);

(c) paragraph 5(f) of Schedule 2;

(d) paragraph 5A(c) of Schedule 2.

Commencement Information

I24 Reg. 24 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M35 S.I. 1981/1694, amended by S.I. 1991/1525, 1998/1672, 2003/1698. There are other amendments which are not relevant to these Regulations.

Fixed Penalty Order 2000 E+W+S

25.—(1) Schedule 2 to the Fixed Penalty Order 2000 M36 is amended as follows.

(2) In paragraph 2, in table 2—

(a) in column 1 of items 15 and 16, omit “the first sub-paragraph of”;

(b) after item 16 insert—

“16A. Exceeding the weekly driving time of 56 hours, in contravention of Article 6.2 of the AETR

More than 56 hours but less than 58 hours driving

58 hours or more but less than 59 hours driving

59 hours or more driving”

(c) in column 1 of item 17, for the words from “total” to “Article 6.2” substitute “ accumulated driving time in any two consecutive weeks, in contravention of Article 6.3 ”;

(d) in column 1 of item 19—

(i) after “Insufficient” insert “ regular ”;

(ii) for “the first sub-paragraph of Article 8.1” substitute “ Articles 8.1 and 8.2 ”;

(e) in column 1 of item 20—

(i) omit “(where permitted)”;

(ii) for “the first sub-paragraph of Article 8.1” substitute “ Articles 8.1 and 8.2 ”;

(f) omit item 21;

(g) for item 22 substitute—

“22. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR	Less than 3 hours but more than 2 hours rest	2 hours or less but more than 1 hours rest	1 hour or less rest
22A. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR	Less than 9 hours but more than 8 hours rest	8 hours or less but more than 7 hours rest	7 hours or less rest”

(h) in column 1 of item 23—

(i) for “12 hours in total, in accordance with Article 8.1 of the AETR,” substitute “ at least 12 hours in total ”;

(ii) at the end insert “ , as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR ”;

(i) in item 24—

(i) for the entry in column 1 substitute “ 24. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8.1 and 8.3 of the AETR ”;

(ii) in column 2, for “8 hours” substitute “ 9 hours ”;

(iii) for “7 hours”, in both places it occurs, substitute “ 8 hours ”;

(iv) for “6 hours”, in both places it occurs, substitute “ 7 hours ”;

(j) in column 1 of item 25, for “Articles 6.1 and 8.3” substitute “ Articles 8.1 and 8.6(a) ”;

(k) omit item 26;

(l) in column 1 of item 27—

(i) omit the words from “of 24 hours” to “driver is based”;

(ii) for “Articles 6.1 and 8.3” substitute “ Articles 8.1 and 8.6(a) ”;

(m) in column 1 of item 28, for the words from “sufficient” to the end substitute “ equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by Article 8.6(a)(ii) of the AETR ”.

(3) After paragraph 3 insert—

“3A.   Section 97ZA Transport Act 1968

Table 3A

(1) Nature of contravention or failure constituting the offence	(2) Amount of penalty
1. Failure to ensure recording equipment installed in accordance with section 97ZA(1) of the Transport Act 1968	£300
2. Failure to ensure the correct functioning of recording equipment or driver card, in accordance with Article 10 of the Annex to the AETR	£100
3. Failure to ensure the proper use of the recording equipment, in accordance with Article 10 of the Annex to the AETR	£200
4. Failure to ensure the proper use of the driver card, in accordance with Article 10 of the Annex to the AETR	£300
5. Failure to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with the second sub-paragraph of Article 11.1 of the Annex to the AETR	£200
6. Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with the first sub-paragraph of Article 11.1 of the Annex to the AETR	£100
7. Using driver card of which the driver is not the holder, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR	£300
8. Using a defective driver card, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR	£100
9. Failure to use record sheets or driver card, in accordance with the first sub-paragraph of Article 12.2(a) of the Annex to the AETR	£300
10. Unauthorised withdrawal of record sheet or driver card, contrary to the first sub-paragraph of Article 12.2(a) of the Annex to the AETR	£200
11. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with Article 12.2(b) of the Annex to the AETR	£200
12. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with paragraph (2)(c) or the second sub-paragraph of paragraph (2)(a) of Article 12 of the Annex to the AETR	£200
13. Failure at the start of the journey, to print out information required, etc, in accordance with Article 13.2(b)(i) of the Annex to the AETR	£200
14. Failure, at the end of the journey, to print out information required, etc, in accordance with Article 13.2(b)(ii) of the Annex to the AETR	£200”

Commencement Information

I25 Reg. 25 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M36 S.I. 2000/2792; Schedule 2 was inserted by S.I. 2009/488 and amended by S.I. 2010/2720, 2013/1569, 2016/248. There are other amendments which are not relevant to these Regulations.

Road Transport (Working Time) Regulations 2005 E+W+S

26.  In regulation 3(3)(b) of the Road Transport (Working Time) Regulations 2005 M37 , for “Article 2(2)(b)” substitute “ Article 2(2) ”.

Commencement Information

I26 Reg. 26 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M37 S.I. 2005/639, amended by S.I. 2007/853, 2012/991.

Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card Fees) Regulations 2005 E+W+S

27.  In regulation 3(2)(a)(i) of the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card Fees) Regulations 2005 M38 , for “Commission Regulation (EEC) No 3820/85” substitute “ Regulation (EC) No 561/2006 of the European Parliament and of the Council M39 ”.

Commencement Information

I27 Reg. 27 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M38 S.I. 2005/1140, amended by S.I. 2014/2557, 2016/248.

M39 OJ No. L 102, 11.4.2006, p. 1; relevant amending instruments are OJ No. L 300, 14.11.2009, p. 88, OJ No. L 60, 28.2.2014, p. 1 and OJ No. L 195, 20.7.2016, p. 83.

Community Drivers' Hours and Recording Equipment Regulations 2007 E+W+S

28.  In regulation 3 of the Community Drivers' Hours and Recording Equipment Regulations 2007 M40 , after “Regulation” insert “ and Article 2.2(k) of the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (as applied by Article 2(3) of that Regulation) ”.

Commencement Information

I28 Reg. 28 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M40 S.I. 2007/1819, amended by S.I. 2016/248. There are other amendments which are not relevant to these Regulations.

Road Safety (Financial Penalty Deposit) Order 2009 E+W+S

29.  In Part 1 of the Schedule to the Road Safety (Financial Penalty Deposit) Order 2009 M41 , in Table 1—

(a) in the entry relating to section 97(1) of the Transport Act 1968, in the second column, for the words from “any” to the end substitute, “requirements relating to installation, use or repair of recording equipment in accordance with the EU Tachographs Regulation”;

(b) after that entry insert—

“Section 97ZA(1) and (2)

Using vehicle in contravention of requirements relating to installation, use or repair of recording equipment in accordance with the AETR.”.

Commencement Information

I29 Reg. 29 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M41 S.I. 2009/491, amended by S.I. 2018/24.

Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 E+W+S

30.—(1) Schedule 2 to the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 M42 is amended as follows.

(2) In Table 2—

(a) in column 1 of items 15 and 16, omit “the first sub-paragraph of”;

(b) after item 16 insert—

“16A. Exceeding the weekly driving time of 56 hours, in contravention of Article 6.2 of the AETR

More than 56 hours but less than 58 hours driving

58 hours or more but less than 59 hours driving

59 hours or more driving”

(c) in column 1 of item 17, for the words from “total” to “Article 6.2” substitute “ accumulated driving time in any two consecutive weeks, in contravention of Article 6.3 ”;

(d) in column 1 of item 19—

(i) after “Insufficient” insert “ regular ”;

(ii) for “the first sub-paragraph of Article 8.1” substitute “ Articles 8.1 and 8.2 ”;

(e) in column 1 of item 20—

(i) omit “(where permitted)”;

(ii) for “the first sub-paragraph of Article 8.1” substitute “ Articles 8.1 and 8.2 ”;

(f) omit item 21;

(g) for item 22 substitute—

“22. Failure to take first rest of at least 3 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR	Less than 3 hours but more than 2 hours rest	2 hours or less but more than 1 hours rest	1 hour or less rest
22A. Failure to take second rest of at least 9 consecutive hours where daily rest period is split, as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR	Less than 9 hours but more than 8 hours rest	8 hours or less but more than 7 hours rest	7 hours or less rest”

(h) in column 1 of item 23—

(i) for “12 hours in total, in accordance with Article 8.1 of the AETR,” substitute “ at least 12 hours in total ”;

(ii) at the end insert “ , as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR ”;

(i) in item 24—

(i) for the entry in column 1 substitute “ 24. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8.1 and 8.3 of the AETR ”;

(ii) in column 2, for “8 hours” substitute “ 9 hours ”;

(iii) for “7 hours”, in both places it occurs, substitute “ 8 hours ”;

(iv) for “6 hours”, in both places it occurs, substitute “ 7 hours ”;

(j) in column 1 of item 25, for “Articles 6.1 and 8.3” substitute “ Articles 8.1 and 8.6(a) ”;

(k) omit item 26;

(l) in column 1 of item 27—

(i) omit the words from “of 24 hours” to “driver is based”;

(ii) for “Articles 6.1 and 8.3” substitute “ Articles 8.1 and 8.6(a) ”;

(m) in column 1 of item 28, for the words from “sufficient” to the end substitute “ equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by Article 8.6(a)(ii) of the AETR ”.

(3) After Table 3 insert—

“Table 3A

Section 97ZA Transport Act 1968

(1) Nature of contravention or failure constituting the offence	(2)Applicable level of deposit
1. Failure to ensure recording equipment installed in accordance with section 97ZA(1) of the Transport Act 1968	£300
2. Failure to ensure the correct functioning of recording equipment or driver card, in accordance with Article 10 of the Annex to the AETR	£100
3. Failure to ensure the proper use of the recording equipment, in accordance with Article 10 of the Annex to the AETR	£200
4. Failure to ensure the proper use of the driver card, in accordance with Article 10 of the Annex to the AETR	£300
5. Failure to ensure that printing can be carried out correctly in the event of an inspection (other than a failure to provide sufficient printing material), in accordance with the second sub-paragraph of Article 11.1 of the Annex to the AETR	£200
6. Failure to ensure that printing can be carried out correctly in the event of an inspection by a failure to provide sufficient printing material, in accordance with the first sub-paragraph of Article 11.1 of the Annex to the AETR	£100
7. Using driver card of which the driver is not the holder, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR	£300
8. Using a defective driver card, contrary to the third sub-paragraph of Article 11.4(a) of the Annex to the AETR	£100
9. Failure to use record sheets or driver card, in accordance with the first sub-paragraph of Article 12.2(a) of the Annex to the AETR	£300
10. Unauthorised withdrawal of record sheet or driver card, contrary to the first sub-paragraph of Article 12.2(a) of the Annex to the AETR	£200
11. Failure to enter legibly on the record sheet, when away from the vehicle, periods of time, in accordance with Article 12.2(b) of the Annex to the AETR	£200
12. Failure to amend record sheet or driver card as necessary when more than one driver on board the vehicle, in accordance with paragraph (2)(c) or the second sub-paragraph of paragraph (2)(a) of Article 12 of the Annex to the AETR	£200
13. Failure, at the start of the journey, to print out information required, etc, in accordance with Article 13.2(b)(i) of the annex to the AETR	£200
14. Failure, at the end of the journey, to print out information required, etc, in accordance with Article 13.2(b)(ii) of the Annex to the AETR	£200
15. In all other cases	£50”

Commencement Information

I30 Reg. 30 in force at 26.3.2019, see reg. 1(2)

Marginal Citations

M42 S.I. 2009/492, amended by S.I. 2013/2025, 2016/248. There are other amendments which are not relevant to these Regulations.

PART 3 U.K. Amendments pursuant to the European Union (Withdrawal) Act 2018

CHAPTER 1 E+W+S Amendments of primary legislation

Transport Act 1968 E+W+S

31.  The Transport Act 1968 is amended as follows.

Commencement Information

I31 Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

32.  In section 95—

(a) in subsection (1) M43 omit the words from “but the” to the end;

(b) omit subsection (1A) M44 .

Commencement Information

I32 Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M43 Section 95(1) was amended by section 2(1)(d) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and by S.I. 2011/1043.

M44 Section 95(1A) was substituted by section 2(1)(d) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and amended by S.I. 2011/1043.

33.  In section 96 (as amended by regulation 3 of these Regulations)—

(a) in subsection (11A) M45 , for “, another member State, or a contracting third country” substitute “ or another contracting country ”;

(b) in subsection (13) M46 omit “section 95(1) of this Act or”.

Commencement Information

I33 Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M45 Section 96(11A) was inserted by paragraph 9(2)(a) of Schedule 4 to the European Communities Act 1972 (c. 68) and amended by section 2(1)(c) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and by S.I. 1986/1457, 2007/1819, 2018/24.

M46 Section 96(13) was inserted by section 2(1) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3).

34.  In section 96A(1)(a) M47 , for “under Article 13” substitute “ as required by Article 11A ”.

Commencement Information

I34 Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M47 Section 96A was inserted by S.I. 2016/248.

35.—(1) Section 97 (as amended by regulation 4 of these Regulations) is amended as follows.

[F1 (2) In subsection (1)(a)(i), after “technical specifications)” insert “or the equivalent EU Regulation”.]

(3) In subsection (1)(b), at the end insert “ or the equivalent EU Regulation ”.

(4) In subsection (4B), for “a type-approval mark issued under Article 14 of the EU Tachographs Regulation” substitute “ the relevant UK type-approval mark or the relevant EU type-approval mark (see Article 11A of the EU Tachographs Regulation) ”.

(5) In subsection (7)—

(a) before the definition of “the EU Tachographs Regulation” insert—

““the equivalent EU Regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport M48 as it has effect in EU law, as amended from time to time;”

(b) in the definition of “the EU Tachographs Regulation”, omit the words from “as read with” to the end;

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

““the relevant EU type-approval mark”, in relation to recording equipment, means a type-approval mark issued by an EU member State in relation to that type of recording equipment under Article 14 of the equivalent EU Regulation;”;

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) at the end insert—

““the relevant UK type-approval mark”, in relation to recording equipment, means the mark which is “the relevant type-approval mark” in relation to the marking of that equipment, for the purposes of the Motor Vehicles (Type Approval) Regulations 1980.”.

Textual Amendments

F1 Reg. 35(2) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 8(a)

F2 Reg. 35(5)(d) omitted (24.10.2019) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 8(b)

Commencement Information

I35 Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M48 OJ No. L 60, 28.2.2014, p. 1.

36.  In section 97ZB(5) (as inserted by regulation 5 of these Regulations)—

(a) in paragraph (a) of the definition of “appropriate type-approval certificate”, for sub-paragraph (ii) substitute—

“(ii) issued under the equivalent EU Regulation;”;

(b) in paragraph (b) of that definition, in sub-paragraph (ii), for “a contracting third country” substitute “ another contracting country ”;

(c) after that definition insert—

““the equivalent EU Regulation” has the meaning given by section 97(7);”.

Commencement Information

I36 Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

37.  In section 98 (as amended by regulation 14 of these Regulations)—

F3 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (4)(b) M49 , for “, another member State or a contracting third country” substitute “ or another contracting country ”.

Textual Amendments

F3 Reg. 37(a) omitted (24.10.2019) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 9

Commencement Information

I37 Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M49 Section 98(4) was amended by section 4 of, and paragraph 9(2) of Schedule 4 to, the European Communities Act 1972 (c. 68), by section 2(1) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and by S.I. 2018/24.

Prospective

F4 38.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Reg. 38 omitted (24.10.2019) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 10(b)

39.  In section 101—

(a) in subsection (3) M50 omit “under section 95(1) or”;

(b) omit subsection (3A) M51 .

Commencement Information

I38 Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M50 Section 101(3) was amended by section 2(1)(i) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3).

M51 Section 101(3A) was inserted by section 2(1)(i) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3).

40.—(1) Section 103(1) (as amended by regulation 19 of these Regulations) is amended as follows—

(a) in the definition of “contracting third country”—

(i) omit “third”;

(ii) omit “other than a member State”;

(iii) omit paragraph (b) (and the “or” before it);

(b) for the definition of “the applicable Community rules”, substitute—

““the applicable Community rules” means—

(a) the Community Drivers' Hours Regulation, including the AETR; and

(b) the EU Tachographs Regulation;”;

(c) omit the definition of “relevant EU provision”.

Commencement Information

I39 Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Road Traffic Offenders Act 1988 E+W+S

41.  The Road Traffic Offenders Act 1988 M52 is amended as follows.

Commencement Information

I40 Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M52 1988 c. 53.

42.  In section 54(8A)(d) M53 , for “another member State or a contracting third country” substitute “ or in another contracting country ”.

Commencement Information

I41 Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M53 Section 54(8A) was inserted by S.I. 2018/24.

43.  In section 75(3C)(d) M54 , for “another member State or a contracting third country” substitute “ or in another contracting country ”.

Commencement Information

I42 Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M54 Section 75 was substituted by section 34 of the Road Traffic Act 1991 (c. 40). Section 75(3C) was inserted by S.I. 2018/24.

44.—(1) Section 89 is amended as follows.

(2) In subsection (1)—

(a) in the definition of “the applicable Community rules”M55 , for the words from “means” to the end substitute “ has the meaning given by section 103(1) of the Transport Act 1968 ”;

(b) in the definition of “contracting third country”M56 —

(i) omit “third”;

(ii) omit “other than a member State”;

(iii) omit paragraph (b) (and the “or” before it).

Commencement Information

I43 Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M55 Definition inserted by S.I. 2018/24.

M56 Definition inserted by S.I. 2018/24.

45.  In section 90A(6)(c) M57 , for “, another member State or a contracting third country” substitute “ or in another contracting country ”.

Commencement Information

I44 Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M57 Section 90A was inserted by section 11(1) of the Road Safety Act 2006 (c. 49) and amended by S.I. 2018/24.

46.  In section 90F M58 , in the definition of “contracting third country” omit “third”.

Commencement Information

I45 Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M58 Section 90F was inserted by section 11(1) of the Road Safety Act 2006 (c. 49) and amended by S.I. 2018/24.

Road Traffic (Foreign Vehicles) Act 1972 E+W+S

47.  In section 1(1)(a) of the Road Traffic (Foreign Vehicles) Act 1972 M59 , for “an EU instrument” substitute “ a provision of retained direct EU legislation ”.

Commencement Information

I46 Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M59 1972 c. 27. Section 1(1)(a) was amended by section 10(4) of the Transport Act 1982 (c. 49) and by S.I. 1984/748, 1999/1322, 2011/1043.

CHAPTER 2 U.K. Amendments of secondary legislation

Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 E+W+S

48.—(1) Regulation 4 of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 (as amended by regulation 22 of these Regulations) is amended as follows.

(2) In paragraph (1)—

(a) for the words before sub-paragraph (a) substitute “ This Regulation applies to— ”;

(b) in sub-paragraph (a) for “for the approval” substitute “ the approval by the Secretary of State ”;

(c) in sub-paragraph (b) for “for the approval and nomination” substitute “ the approval and nomination by the Secretary of State ”.

(3) In paragraph (2) for “Any approval or nomination under this Regulation” substitute “ An approval or nomination ”.

Commencement Information

I47 Reg. 48 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Motor Vehicles (Type Approval) Regulations 1980 U.K.

49.—(1) The Motor Vehicles (Type Approval) Regulations 1980 (as amended by regulation 23 of these Regulations) are amended as follows.

(2) In regulation 3(1)—

(a) omit the definition of “Member State”;

(b) for the definition of “the relevant approval mark” substitute—

““the relevant approval mark”, in relation to the marking of a component of a vehicle, means a marking which is—

(a) designated as an approval mark applicable to such a component pursuant to section 80(1) of the Road Traffic Act 1988, or

(b) an approval mark applicable to such a component under regulations under Article 14 of Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport M60 , as it has effect in EU law, as amended from time to time;”;

(c) omit the words after the definition of “vehicle component” (which interpret references to the competent authority of a Member State other than the United Kingdom).

(3) Omit the following—

(a) in regulation 5(3), the words from “and, within one month” to the end;

(b) regulation 5(4);

(c) regulation 6(2);

(d) regulation 10(3);

(e) regulation 12(1)(b) (and the “or” before it);

(f) regulation 12(2);

(g) regulation 13(1)(b) (and the “and” before it).

Commencement Information

I48 Reg. 49 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M60 OJ No. L 60, 28.2.2014, p.1.

Road Transport (Working Time) Regulations 2005 E+W+S

50.—(1) The Road Transport (Working Time) Regulations 2005 (as amended by regulation 26 of these Regulations) are amended as follows.

(2) In regulation 3—

(a) in paragraphs (1) and (1A), for “a Member State of the European Union” substitute “ the United Kingdom ”;

(b) in paragraph (3)(c), for “international transport” substitute “ transport operations wholly or partly outside the United Kingdom ”.

(3) Omit regulation 3A(2) M61 .

Commencement Information

I49 Reg. 50 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M61 Regulation 3A was inserted by S.I. 2012/991.

Community Drivers' Hours and Recording Equipment Regulations 2007 E+W+S

51.  The Community Drivers' Hours and Recording Equipment Regulations 2007 (as amended by regulation 28 of these Regulations) are amended as follows.

Commencement Information

I50 Reg. 51 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

52.—(1) Regulation 2 M62 is amended as follows.

(2) In paragraph (1)—

(a) omit “Pursuant to Article 13(1) of the Community Drivers' Hours Regulation,”;

(b) for “that Regulation” substitute “the Community Drivers' Hours Regulation”.

(3) In paragraph (2)—

(a) omit “Pursuant to Article 14(1) of the Community Drivers' Hours Regulation,”;

(b) for “that Regulation” substitute “the Community Drivers' Hours Regulation”.

Commencement Information

I51 Reg. 52 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M62 Regulation 2 was amended by S.I. 2016/248.

53.—(1) Regulation 4 M63 is amended as follows.

(2) In paragraph (1)—

(a) omit “Pursuant to Article 3(2) of the EU Tachographs Regulation,”;

(b) for “that Regulation” substitute “ the EU Tachographs Regulation ”.

(3) In paragraph (2)—

(a) omit “Pursuant to Article 3(3) of the EU Tachographs Regulation,”;

(b) for “that Regulation” substitute “ the EU Tachographs Regulation ”.

Commencement Information

I52 Reg. 53 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M63 Regulation 4 was amended by S.I. 2016/248.

Road Safety (Financial Penalty Deposit) Order 2009 E+W+S

54.  In Article 5(2)(a) of the Road Safety (Financial Penalty Deposit) Order 2009 M64 (as amended by regulation 29 of these Regulations), for paragraphs (ii) and (iii) substitute—

“(ii) another contracting country,”.

Commencement Information

I53 Reg. 54 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M64 S.I. 2009/491. Article 5(2) was inserted by S.I. 2018/24.

CHAPTER 3 U.K. Amendments of retained direct EU legislation

Regulation (EC) No 561/2006 of the European Parliament and of the Council U.K.

55.  Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport is amended as follows.

Commencement Information

I54 Reg. 55 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

56.  In Article 1, omit “by Member States”.

Commencement Information

I55 Reg. 56 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Prospective

F5 57.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 Reg. 57 omitted (31.12.2020 immediately before IP completion day) by virtue of The Drivers’ Hours and Tachographs (Amendment) Regulations 2020 (S.I. 2020/1658), regs. 1(2), 2

58.  In Article 3(i), for the words from “which have a historic” to the end substitute—

“which are used for the non-commercial carriage of passengers or goods and which have a historic status according to:

• — in relation to England and Wales and Scotland, regulation 3 of the Community Drivers' Hours and Recording Equipment Regulations 2007;

• — in relation to Northern Ireland, regulation 4 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009 M65 in Northern Ireland.”.

Commencement Information

I56 Reg. 58 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M65 S.R. 2009 No. 91, amended by S.R. 2016 No. 343.

59.  In Article 4—

(a) in point (e), for “Article 3(a) of Directive 2002/15/EC” substitute “ regulation 2 of the Road Transport (Working Time) Regulations 2005 in England and Wales and Scotland, or in regulation 2(2) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005 M66 in Northern Ireland ”;

(b) in point (j)—

(i) in the first indent, for the words from “Annex I” to the end substitute “ Article 2(2)(a) of Regulation (EU) No 165/2014 ”;

(ii) in the second indent, for the words from “Article 16(2)” to the end substitute “ Article 37(2) of Regulation (EU) No 165/2014 ”;

(c) in point (n), for the words after “international services” substitute “ which provide for the carriage of passengers at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points ”.

Commencement Information

I57 Reg. 59 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M66 S.R. 2005 No. 241, amended by S.R. 2012 No. 169, 2016 No. 49.

60.  In Article 5(2) omit the words from “However” to the end.

Commencement Information

I58 Reg. 60 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

61.—(1) Article 6 is amended as follows.

(2) In paragraph 2, for the words from “result” to the end substitute—

“(a) in relation to England and Wales and Scotland, result in the maximum weekly working time laid down in the Road Transport (Working Time) Regulations 2005 being exceeded;

(b) in relation to Northern Ireland, result in the maximum weekly working time laid down in the Road Transport (Working Time) Regulations (Northern Ireland) 2005 being exceeded”.

(3) In paragraph 4, for “on the territory of the Community or of a third country” substitute “ , whether within or outside the United Kingdom ”.

(4) In paragraph 5, omit “, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85,”.

(5) After paragraph 5 insert—

“6.   In paragraph 5, “periods of availability” is to be read in accordance with—

(a) in relation to England and Wales and Scotland, the definition of “period of availability” in regulation 2 of the Road Transport (Working Time) Regulations 2005;

(b) in relation to Northern Ireland, the definition of “period of availability” in regulation 2(2) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005.”

Commencement Information

I59 Reg. 61 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

62.  Omit Article 8(6a).

Commencement Information

I60 Reg. 62 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

63.—(1) Article 10 is amended as follows.

(2) In paragraph 2, for “Regulation (EEC) No 3821/85” substitute “ Regulation (EU) No 165/2014 ”.

(3) Omit paragraph 3.

(4) In paragraph 5(a)—

(a) in the words before point (i), for “Regulation (EEC) No 3821/85” substitute “ Regulation (EU) No 165/2014 ”;

(b) in point (i), for the words from “as regularly” to the end substitute “ in accordance with sections 97D and 97E of the Transport Act 1968 or regulations 6B and 6C of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 M67 (as applicable) ”.

(5) In paragraph 5(b), for the words from “shall” to the end substitute “ means copied, together with the digital signature, from a part, or from a complete set, of data files recorded in the data memory of the vehicle unit or in the memory of a tachograph card, provided that this process does not alter or delete any stored data ”.

(6) Omit paragraph 5(c).

Commencement Information

I61 Reg. 63 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M67 S.R. 1996 No.145, amended by S.R. 1998 No. 270, 2002 No. 50, 2005 No. 325, 2005 No. 441, 2006 No. 274, 2010 No. 23, 2011 No. 235, 2016 No. 2, 2016 No. 343.

64.  For Article 11 substitute—

“Article 11 U.K.

Articles 6 to 9 are subject to—

(a) regulation 2 of the Community Drivers' Hours and Recording Equipment Regulations 2007;

(b) regulation 3 of the Community Drivers' Hours and Recording Equipment Regulations 2012 M68 ;

(c) regulation 3 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009;

(d) any provision made under Article 14(1) or (2).”.

Commencement Information

I62 Reg. 64 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M68 S.I. 2012/1502.

65.  Omit Article 13.

Commencement Information

I63 Reg. 65 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

66.  In Article 14—

(a) in paragraph 1, for “Member States may, after authorisation by the Commission,” substitute “ the appropriate authority may by regulations ”;

(b) for paragraphs 2 and 3 substitute—

“2.   In an urgent case the appropriate authority may grant a temporary exception by publishing a notice specifying—

(a) the transport operations and circumstances to which the exception relates, and

(b) the period for which the exception has effect, which may not exceed 30 days.

3.   In this Article “the appropriate authority” means—

(a) in relation to transport operations carried out in England, Wales or Scotland, the Secretary of State;

(b) in relation to transport operations carried out in Northern Ireland, the Department for Infrastructure in Northern Ireland.”.

Commencement Information

I64 Reg. 66 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

67.  Omit Articles 15 to 19.

Commencement Information

I65 Reg. 67 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

68.  In Article 20—

(a) in paragraph 1—

(i) for “evidence provided by a Member State” substitute “ documentation provided by an enforcement officer or a court ”;

(ii) for “pursuant to this Regulation” substitute “ by virtue of this Regulation read with Part 6 of the Transport Act 1968 or Part 6 of the Road Traffic (Northern Ireland) Order 1981 M69 ”;

(b) after paragraph 3 insert—

“4.   In this Article “enforcement officer” means—

(a) an examiner appointed under section 66A of the Road Traffic Act 1988 or Article 74 of the Road Traffic (Northern Ireland) Order 1995 M70 ,

(b) a person authorised for the purposes of Part 6 of the Transport Act 1968 by a traffic commissioner, or

(c) a police constable.”.

Commencement Information

I66 Reg. 68 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M69 S.I. 1981/154 (N.I. 1), amended by the Road Traffic (Amendment) Act (Northern Ireland) 2016 (c. 11 (N.I.)), S.I. 2007/916 (N.I. 10), S.R. 2009 No. 91, 2010 No. 23, S.I. 2015/583. There are other amendments which are not relevant to these Regulations.

M70 S.I. 1995/2994 (N.I. 18); Article 74 was amended by the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2 (N.I.)), S.I. 2011/996.

69.  Omit Articles 21 to 25.

Commencement Information

I67 Reg. 69 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

70.  After Chapter 5 insert—

“CHAPTER 5A U.K. SUPPLEMENTARY

Article 25A U.K.

1.   Regulations under this Regulation may—

(a) make consequential, supplementary, incidental, transitional, transitory or saving provision;

(b) make different provision for different purposes.

2.   Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

3.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4.   Regulations made by the Department of Infrastructure in Northern Ireland under this Regulation are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M71 .

5.   Regulations made by the Department of Infrastructure in Northern Ireland under this Regulation are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M72 ).”.

Commencement Information

I68 Reg. 70 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M71 S.I. 1979 No. 1573 (N.I. 12), to which there are amendments not relevant to these Regulations.

M72 1954 c. 33 (N.I.).

71.  After Article 29, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I69 Reg. 71 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Regulation (EU) No 165/2014 of the European Parliament and of the Council U.K.

72.  Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport is amended as follows.

Commencement Information

I70 Reg. 72 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

73.  In Article 1(1) for the words from “Regulation (EC)” to the end substitute—

“(a) Regulation (EC) No 561/2006;

(b) regulations 36A to 36C and 70A of, and Schedule 3B to, the Road Vehicles (Construction and Use) Regulations 1986 M73 ;

(c) the Road Transport (Working Time) Regulations 2005;

(d) regulations 42, 43 and 83 of, and Schedule 3 to, the Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999 M74 ;

(e) the Road Transport (Working Time) Regulations (Northern Ireland) 2005.”.

Commencement Information

I71 Reg. 73 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M73 S.I. 1986/1078; regulations 36A to 36C and Schedule 3B were amended by S.I. 1992/422, 1993/1946, 1993/3048, 1995/329, 1996/2064, 1997/1340, 2003/1946, 2003/2096, 2004/2102, 2004/3168, S.S.I. 2005/344, S.I. 2005/2929 (W. 214), S.I. 2005/3170, 2007/1898, 2007/3132, 2009/142, S.S.I. 2013/119. Regulation 70A was amended by S.I. 1993/3048, 2004/2102. There are other amendments to this instrument which are not relevant to these Regulations.

M74 S.R. 1999 No. 454; regulations 42 and 43 were amended by S.R. 2005 No. 249, 2006 No. 32, 2011 No. 303. Regulation 83 and Schedule 3 were amended by S.R. 2005 No. 249. There are other amendments to this instrument which are not relevant to these Regulations.

74.  In Article 2(2)—

(a) in point (f), for “authorities of a Member State” substitute “ Secretary of State ”;

(b) in point (i), for “authorities of a Member State” substitute “ Secretary of State ”;

(c) in point (j), for “authorities of a Member State” substitute “ Secretary of State ”;

(d) in point (k)—

(i) for “authorities of a Member State” substitute “ Secretary of State ”;

(ii) for “that Member State” substitute “ the Secretary of State ”;

(e) in point (u), omit the words from “, by a Member State” to “Article 13,”;

(f) after point (z) insert—

“(z1) “control officer” means—

(i) an examiner appointed under section 66A of the Road Traffic Act 1988 or Article 74 of the Road Traffic (Northern Ireland) Order 1995,

(ii) a person authorised for the purposes of Part 6 of the Transport Act 1968 by a traffic commissioner, or

(iii) a police constable;

(z2) “equivalent EU regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport M75 , as it has effect in EU law, as amended from time to time.”.

Commencement Information

I72 Reg. 74 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M75 OJ No. L 60, 28.2.2014, p.1.

75.—(1) Article 3 is amended as follows.

(2) In paragraph 1 omit “registered in a Member State”.

(3) For paragraphs 2 to 5 substitute—

“2.   This Regulation is subject to—

(a) regulation 4 of the Community Drivers' Hours and Recording Equipment Regulations 2007;

(b) regulation 5 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009;

(c) any provision made under paragraph 3.

3.   The appropriate authority may by regulations except from the application of this Regulation vehicles used for transport operations which are being (or have been) granted an exception by regulations under Article 14(1) of Regulation (EC) No 561/2006. An exception granted under regulations under this Article ceases to have effect when the exception granted under regulations under Article 14(1) of Regulation (EC) No 561/2006 ceases to have effect (unless the regulations under this Article cease to have effect first).

In an urgent case the appropriate authority may grant a temporary exception in respect of vehicles which are being (or have been) granted an exception under Article 14(2) of Regulation (EC) No 561/2006 by publishing a notice specifying—

(a) the transport operations and circumstances to which the exception relates, and

(b) the period for which the exception has effect, which may not exceed 30 days.

4.   In this Article “the appropriate authority” means—

(a) in relation to transport operations carried out in England, Wales or Scotland, the Secretary of State;

(b) in relation to transport operations carried out in Northern Ireland, the Department for Infrastructure in Northern Ireland.”.

Commencement Information

I73 Reg. 75 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

76.  In Article 4(8)—

(a) in the first sentence—

(i) for “the Commission shall, by means of implementing acts, adopt” substitute “ the Secretary of State may, by regulations, make ”;

(ii) omit “uniform”;

(b) omit the second sentence.

Commencement Information

I74 Reg. 76 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

77.  In Article 6(5)—

(a) in the first sentence—

(i) for “the Commission shall, by means of implementing acts, adopt” substitute “ the Secretary of State may, by regulations, make ”;

(ii) omit “uniform”;

(b) omit the second sentence.

Commencement Information

I75 Reg. 77 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

78.  Omit Article 7.

Commencement Information

I76 Reg. 78 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

79.—(1) Article 9 is amended as follows.

(2) In paragraph (2)—

(a) in the first sentence, for “Member States shall equip their control authorities” substitute “ the Secretary of State must ensure that control authorities are equipped ”;

(b) omit the second sentence.

(3) In paragraph (8), for the words from “the risk” to the end substitute “ a risk rating system based on the relative number and severity of infringements of Regulation (EC) 561/2006 of the European Parliament and of the Council that an individual undertaking has committed ”.

Commencement Information

I77 Reg. 79 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

80.  In Article 11—

(a) in the first sentence—

(i) for “the Commission shall, by means of implementing acts, adopt” substitute “ the Secretary of State may, by regulations, make ”;

(ii) omit “uniform”;

(b) omit the second sentence.

Commencement Information

I78 Reg. 80 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

81.  For Chapter 3 (type-approval) substitute—

“CHAPTER III U.K. TYPE-APPROVAL

Article 11A U.K. Requirement for UK or EU type-approval

1.   A vehicle unit, motion sensor, model record sheet or tachograph card shall, where installed or used in a vehicle to which Article 3 applies, be of a type approved in accordance with—

(a) this Chapter and the Motor Vehicles (Type Approval) Regulations 1980 (“the 1980 Regulations”), or

(b) Chapter 3 of the equivalent EU Regulation.

2.   In this Chapter a reference to “UK type-approval” is a reference to type-approval in accordance with this Chapter and the 1980 Regulations, and related expressions are to be read accordingly.

Article 12 U.K. Applications for UK type-approval: certificates

1.   An application for UK type-approval shall be made to the Secretary of State.

2.   The application shall be made in accordance with regulation 6 of the 1980 Regulations.

3.   The form of the document issued by the Secretary of State for the purposes of such an application (in accordance with paragraph (iii) of the definition of “information document” in regulation 3(1) of the 1980 Regulations) shall require the application to be accompanied by—

(a) a security certificate;

(b) a functionality certificate;

(c) an interoperability certificate;

(d) in the case of an application relating to a vehicle unit, information about the seals.

4.   A security certificate shall be issued by a person appointed by the Secretary of State (which may be a person outside the United Kingdom).

5.   A functionality certificate shall be issued by the Secretary of State.

6.   An interoperability certificate shall be issued by a person appointed by the Secretary of State (which may be a person outside the United Kingdom).

7.   In respect of tachographs, their relevant components, and tachograph cards:

(a) the security certificate shall certify the following for the vehicle unit, tachograph cards, motion sensor, and connection to the satellite navigation system receiver when the satellite navigation system is not embedded in the vehicle units:

(i) compliance with security targets;

(ii) fulfilment of the following security functions: identification and authentication, authorisation, confidentiality, accountability, integrity, audit, accuracy and reliability of service;

(b) the functional certificate shall certify that the tested item fulfils the appropriate requirements in terms of functions performed, environmental characteristics, electromagnetic compatibility characteristics, compliance with physical requirements and compliance with other applicable standards;

(c) the interoperability certificate shall certify that the tested item is fully interoperable with the necessary tachographs or tachograph card models.

8.   The Secretary of State shall give notice to manufacturers as provided for in regulation 10(1)(c) of the 1980 Regulations to ensure that a manufacturer is required to give notice under that regulation of any alterations in software or hardware of a tachograph or in the nature of materials used for its manufacture.

9.   Where notice of alterations is given to the Secretary of State under regulation 10 of the 1980 Regulations, the Secretary of State may require an update or a confirmation of the relevant functional, security or interoperability certificates, before confirming to the manufacturer the extension of the type-approval or taking action under regulation 11 of those Regulations.

Article 17 U.K. Approval of record sheets

1.   For the purposes of an application for UK type-approval of a model record sheet, the form of information document issued by the Secretary of State (as mentioned in Article 12(3)) shall require that—

(a) an applicant for UK type-approval of a model record sheet states on the application form the type or types of analogue tachograph on which the record sheet in question is designed to be used, and

(b) suitable equipment of such type or types is required in connection with the application for type-approval, for the purpose of testing the record sheet.

2.   The Secretary of State shall indicate on the approval certificate for the model record sheet the type or types of analogue tachograph on which that model record sheet may be used.

Article 20 U.K. Security

1.   Manufacturers shall design, test and review vehicle units, motion sensors and tachograph cards put into production so as to detect vulnerabilities arising in all phases of the product life-cycle, and shall prevent or mitigate their possible exploitation. The frequency of tests shall be at least every two years.

2.   Manufacturers shall submit the documentation necessary for vulnerability analysis to the person who, under Article 12, is responsible for issuing security certificates.

3.   If, in the course of the tests referred to in paragraph 1, vulnerabilities in system elements (vehicle units, motion sensors and tachograph cards) are detected, no security certificate is to be issued and, accordingly, no type-approval application is to be considered (see Article 12(3)). If vulnerabilities are detected in the course of the tests referred to in paragraph 1 for elements already on the market, the manufacturer shall inform the Secretary of State. The Secretary of State shall take all measures necessary to ensure that the problem is addressed, in particular by the manufacturer (including, where necessary, the withdrawal of type-approval).

Article 21 U.K. Field tests

Drivers and transport undertakings participating in a field test authorised under section 96A of the Transport Act 1968 or regulation 2A of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 shall comply with the requirements of Regulation (EC) No 561/2006. In order to demonstrate such compliance, drivers shall follow the procedure set out in Article 35(2) of this Regulation.”.

Commencement Information

I79 Reg. 81 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

82.  In Article 22—

(a) in paragraph 1—

(i) for “the competent authorities of the Member States” substitute “ by the Secretary of State ”;

(ii) at the end insert “ (but see Article 25A) ”;

(b) in paragraph 2 omit “referred to in Article 15”;

(c) in paragraph 3, omit the second and third sentences;

(d) in paragraph 5, in the second indent, for the last sentence substitute “ The Secretary of State may by regulations make provision about the form of the written statement ”.

Commencement Information

I80 Reg. 82 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

83.—(1) Article 23 is amended as follows.

(2) In paragraph 3, in the first sentence, for “national competent authority” substitute “ Secretary of State ”.

(3) In paragraph 4—

(a) in the first sentence, after “retained” insert “ by the workshop ”;

(b) omit the second sentence;

(c) in the third sentence—

(i) for the words from the beginning to “upon” substitute “ Upon ”;

(ii) for “competent authority” substitute “ Secretary of State ”.

Commencement Information

I81 Reg. 83 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

84.—(1) Article 24 is amended as follows.

(2) In paragraph 1, for “Member States” substitute “ The Secretary of State ”.

(3) In paragraph 2—

(a) in the first sentence—

(i) for “Member States” substitute “ The Secretary of State ”;

(ii) after “manufacturers” insert “ approved, controlled and certified under paragraph 1 ”;

(b) in the second sentence, for “they” substitute “ the Secretary of State ”.

(4) In paragraph 3, in point (a), for “Member States” substitute “ The Secretary of State ”.

(5) In paragraph 4, for “Member States and their competent authorities” substitute “ The Secretary of State ”.

(6) Omit paragraph 5.

(7) In paragraph 6, for “The competent authorities in Member States” substitute “ The Secretary of State ”.

Commencement Information

I82 Reg. 84 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

85.—(1) Article 25 is amended as follows.

(2) In paragraph 1, for “competent authority” substitute “ Secretary of State ”.

(3) In paragraph 2—

(a) for “competent authority”, in both places it occurs, substitute “ Secretary of State ”;

(b) for “Competent authorities” substitute “ The Secretary of State ”.

(4) In paragraph 3—

(a) for “a Member State” substitute “ the Secretary of State ”;

(b) for “it” substitute “ the Secretary of State ”.

(5) In paragraph 4, for “Member States” substitute “ The Secretary of State ”.

Commencement Information

I83 Reg. 85 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

86.  After Article 25 insert—

“Article 25A U.K. Recognition of EU approved fitters, workshops and vehicle manufacturers

1.   Fitters, workshops and vehicle manufacturers which are approved by an EU member State in accordance with Article 24 of the equivalent EU Regulation (“EU approved fitters, workshops and vehicle manufacturers”) shall be treated for the purposes of this Regulation as if they were approved by the Secretary of State in accordance with Article 24 of this Regulation.

2.   The Secretary of State is not required by Article 24(1) of this Regulation to control or certify EU approved fitters, workshops and vehicle manufacturers and the following provisions of this Regulation do not apply in relation to EU approved fitters, workshops and vehicle manufacturers—

(a) Article 2(2)(k);

(b) Article 24(2) to (6);

(c) Article 25.”.

Commencement Information

I84 Reg. 86 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

87.—(1) Article 26 is amended as follows.

(2) In paragraph 1—

(a) for the first sentence substitute “ A driver card is to be issued by the Secretary of State on request to a person whose normal residence is in the United Kingdom. ”;

(b) in the second sentence—

(i) for “They shall” substitute “ A driver card is to ”;

(ii) for “competent authority” substitute “ Secretary of State ”.

(3) In paragraph 2, in the second subparagraph—

(a) omit “situated in two or more Member States”;

(b) for “Member State” substitute “ place ”.

(4) In paragraph 3—

(a) in the first sentence, for “identity card” substitute “ passport ”;

(b) in the second sentence—

(i) for “competent authorities of the Member State issuing the driver card have” substitute “ Secretary of State has ”;

(ii) for “they” substitute “ the Secretary of State ”.

(5) In paragraph 4—

(a) in the first subparagraph—

(i) for “Member States” substitute “ the Secretary of State ”;

(ii) for “a Member State” substitute “ the United Kingdom ”;

(iii) for “issuing Member State” substitute “ United Kingdom ”;

(b) omit the second subparagraph.

(6) In paragraph 5, for “competent authorities of the issuing Member State” substitute “ Secretary of State ”.

(7) In paragraph 7—

(a) in the first sentence, for “competent authorities of a Member State find” substitute “ Secretary of State finds ”;

(b) omit the second and third sentences.

(8) In paragraph 8, for “Member States” substitute “ The Secretary of State ”.

(9) Omit paragraph 9.

Commencement Information

I85 Reg. 87 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

88.  In Article 28—

(a) in paragraph 1, for “competent authorities of the Member State of his normal residence” substitute “ Secretary of State ”;

(b) omit paragraph 2;

(c) in paragraph 3, for “competent authority” substitute “ Secretary of State ”.

Commencement Information

I86 Reg. 88 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

89.—(1) Article 29 is amended as follows.

(2) In paragraph 1, for “Issuing authorities” substitute “ The Secretary of State ”.

(3) In paragraph 2—

(a) in the first sentence, for the words from “competent authority” to the end substitute “ Secretary of State ”;

(b) in the second sentence, for the words from “competent authorities” to the end substitute “ Secretary of State ”.

(4) In paragraph 3, for the words from “competent authorities”, in the first place it occurs, to the end substitute “ Secretary of State ”.

(5) In paragraph 4—

(a) in the first sentence, for the words from “competent authorities” to the end substitute “ Secretary of State ”;

(b) in the second sentence—

(i) for “Those authorities” substitute “ The Secretary of State ”;

(ii) omit “their”.

Commencement Information

I87 Reg. 89 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

90.  In Article 30—

(a) for the heading substitute “ Recognition of EU driver cards ”;

(b) in paragraph 1, omit “mutually”;

(c) omit paragraphs 2 to 4.

Commencement Information

I88 Reg. 90 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

91.  Omit Article 31.

Commencement Information

I89 Reg. 91 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

92.  Omit Article 32(5).

Commencement Information

I90 Reg. 92 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

93.—(1) Article 33 is amended as follows.

(2) In paragraph 1, in the second subparagraph, for “an authorised” substitute “ a ”.

(3) In paragraph 2, omit “authorised”.

(4) Omit paragraph 3.

Commencement Information

I91 Reg. 93 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

94.  In Article 34—

(a) in paragraph 3, in the second subparagraph, for “Member States shall not impose on drivers a requirement” substitute “ Drivers are not required ”;

(b) omit paragraph 7.

Commencement Information

I92 Reg. 94 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

95.—(1) Article 36 is amended as follows.

(2) In paragraph 1, for “an authorised” substitute “ a ”.

(3) In paragraph 2, for “an authorised” substitute “ a ”.

(4) Omit paragraph 3.

Commencement Information

I93 Reg. 95 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

96.  In Article 37(1) omit the third subparagraph.

Commencement Information

I94 Reg. 96 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

97.—(1) Article 38 is amended as follows.

(2) In paragraph 1, omit “authorised”.

(3) In paragraph 3, in the second sentence omit “national”.

Commencement Information

I95 Reg. 97 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

98.—(1) Article 39 is amended as follows.

(2) In paragraph 1 for “Member States” substitute “ The Secretary of State ”.

(3) Omit paragraph 2.

(4) In paragraph 3—

(a) in the first sentence, for “The Commission shall, by means of implementing acts,” substitute “ The Secretary of State may, by regulations, ”;

(b) in the second sentence, for “shall” substitute “ may ”;

(c) omit the final sentence.

(5) Omit paragraph 4.

Commencement Information

I96 Reg. 98 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

99.  Omit Articles 40 and 41.

Commencement Information

I97 Reg. 99 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

100.  After Chapter 7 insert—

“CHAPTER 7A U.K. REGULATIONS UNDER THIS REGULATION

Article 41A U.K. Regulations under this Regulation

1.   Regulations under this Regulation may—

(a) make consequential, supplementary, incidental, transitional, transitory or saving provision;

(b) make different provision for different purposes.

2.   Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.

3.   A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

4.   Regulations made by the Department of Infrastructure in Northern Ireland under this Regulation are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.

5.   Regulations made by the Department of Infrastructure in Northern Ireland under this Regulation are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).”.

Commencement Information

I98 Reg. 100 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

101.  Omit Articles 42 to 44.

Commencement Information

I99 Reg. 101 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

102.  Omit Article 46.

Commencement Information

I100 Reg. 102 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

103.  After Article 48, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I101 Reg. 103 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

104.  For Annexes I and II substitute—

“ANNEX I U.K. Requirements for construction, testing, installation and inspection of analogue tachographs

1.   In this Annex—

“AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970;

“enactment” includes—

(a)

an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 M76 ;

(b)

an enactment contained in, or in an instrument made under, Northern Ireland legislation.

2.   Appendix 1 to the Annex to the AETR (which makes provision corresponding to Annex I to the equivalent EU regulation) applies for the purposes of this Regulation.

3.   References in any enactment to Annex I to this Regulation are to be read as references to Appendix 1 to the Annex to the AETR as applied by paragraph 2.

ANNEX IB U.K. Requirements for construction, testing, installation and inspection of digital tachographs

1.   In this Annex—

“AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970;

“enactment” includes—

(a)

an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 M77 ;

(b)

an enactment contained in, or in an instrument made under, Northern Ireland legislation.

2.   Appendix 1B to the Annex to the AETR (which is an adaptation of Annex IB to Regulation (EEC) No 3821/85, as it has effect in EU law) applies for the purposes of this Regulation.

3.   References in any enactment to Annex IB to this Regulation are to be read as references to Appendix 1B to the Annex to the AETR (including the provisions adapted by it) as applied by paragraph 2.

ANNEX II U.K. Approval mark and certificate

1.   In this Annex—

“AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970;

“enactment” includes—

(a)

an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 M78 ;

(b)

an enactment contained in, or in an instrument made under, Northern Ireland legislation.

2.   Appendix 2 to the Annex to the AETR (which makes provision corresponding to Annex II to the equivalent EU Regulation) applies for the purposes of this Regulation.

3.   References in any enactment to Annex II to this Regulation are to be read as references to Appendix 2 to the Annex to the AETR as applied by paragraph 2.”.

Commencement Information

I102 Reg. 104 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Marginal Citations

M76 1978 c. 30.

M77 1978 c. 30.

M78 1978 c. 30.

Commission Implementing Regulation (EU) No 2016/799 U.K.

105.  Commission Implementing Regulation (EU) No 2016/799, implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components, is amended as follows.

Commencement Information

I103 Reg. 105 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

106.—(1) Article 1 is amended as follows.

(2) In paragraph 1, in the words before paragraph (a), omit “uniform”.

(3) In paragraph 3, for “Council Regulation (EEC) No 3821/85” substitute “ Regulation (EU) No 165/2014 ”.

(4) In paragraph 4—

(a) omit “Pursuant to Article 10d of Directive 96/53/EC,”;

(b) for “an internal on-board weighing system” substitute “ any internal on-board weighing system installed to aid the enforcement of requirements as to the maximum authorised weight of vehicles ”.

(5) Omit paragraph 5.

Commencement Information

I104 Reg. 106 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

107.—(1) Article 2 is amended as follows.

(2) In definition (3), for “type-approval authority” substitute “ Secretary of State ”.

(3) In definition (4)—

(a) for “type-approval authority” substitute “ Secretary of State ”;

(b) omit “EC”.

(4) In definition (5) omit “EC”.

(5) Omit definition (9).

Commencement Information

I105 Reg. 107 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

108.—(1) Article 4 is amended as follows.

(2) In paragraph 1, in the first sentence, for “the type-approval authorities designated by each Member State” substitute “ the Secretary of State ”.

(3) In paragraph 2—

(a) for “A Member State” substitute “ The Secretary of State ”;

(b) for “type-approval authority” substitute “ Secretary of State ”.

(4) In paragraph 3, for “type-approval authority” substitute “ Secretary of State ”.

(5) In paragraph 4—

(a) for “type-approval authorities” substitute “ Secretary of State ”;

(b) for “entities” substitute “ persons ”.

(6) In paragraph 5—

(a) for “type-approval authorities” substitute “Secretary of State;

(b) for “those authorities” substitute “ the Secretary of State ”.

Commencement Information

I106 Reg. 108 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

109.  In Article 5—

(a) In paragraph 1, for “without delay the type-approval authorities that granted the original type-approval,” substitute “ the Secretary of State without delay ”.

(b) In paragraph 2—

(i) in the first sentence, for “type-approval authorities” substitute “ Secretary of State ”;

(ii) for “type-approval authority”, in each place it occurs, substitute “ Secretary of State ”.

Commencement Information

I107 Reg. 109 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

110.  After Article 6, omit “This Regulation shall be binding in its entirety and directly applicable in all Member States.”.

Commencement Information

I108 Reg. 110 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Council Regulation (EEC) No 3916/90 U.K.

111.  Council Regulation (EEC) No 3916/90 on measures to be taken in the event of a crisis in the market in the carriage of goods by road is revoked.

Commencement Information

I109 Reg. 111 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Commission Implementing Regulation (EU) No 2016/68 U.K.

112.  Commission Implementing Regulation (EU) No 2016/68 on common procedures and specifications necessary for the interconnection of electronic registers of driver cards is revoked.

Commencement Information

I110 Reg. 112 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Annex XIII to the EEA agreement U.K.

113.  In Annex XIII to the EEA agreement, omit the following (which refer to Regulations which are revoked by these Regulations)—

(a) point 21ba;

(b) point 26b.

Commencement Information

I111 Reg. 113 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

PART 4 U.K. Saving

Saving U.K.

114.  An enactment made under any provision repealed or revoked by these Regulations continues to have effect despite the repeal or revocation.

Commencement Information

I112 Reg. 114 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)

Signed by authority of the Secretary of State for Transport

Jesse Norman

Minister of State

Department for Transport

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision under section 2(2) of the European Communities Act 1972 implementing the EU Drivers' Hours Regulation (Regulation (EC) No 561/2006) and the EU Tachographs Regulation (Regulation (EU) No 165/2014). Article 2(3) of the EU Drivers' Hours Regulation applies the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (known as the “AETR”) in EU member States, requiring the implementation of the AETR in those States. The provision under section 2(2) includes provision implementing the AETR.

The Regulations also make provision in exercise of the powers in section 8(1) of, and Schedule 7, paragraph 21(b) to, the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) in order to address failures of retained EU law relating to drivers' hours and tachographs to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c) and (g), (3)(a), (5) and (6)) arising from the withdrawal of the United Kingdom from the European Union.

Part 1 of the Regulations contains introductory provision. Part 2 contains the amendments made under section 2(2) of the European Communities Act 1972, which update pre-existing references to the two EU Regulations and the AETR, and include references to the EU Tachographs Regulation as amended from time to time and the AETR. The amendments in this Part also implement penalties relating to requirements on testing for security vulnerabilities and penalties relating to the prohibition of the supply of recording equipment without a type approval certificate; and provide for offences and penalties for failure to comply with requirements under AETR, in particular failing to properly install and use recording equipment; supplying recording equipment without a valid type approval certificate; and failing to notify authorities of security vulnerabilities. Chapter 1 of Part 2 amends primary legislation and Chapter 2 of Part 2 amends secondary legislation. Part 3 contains amendments under the 2018 Act to correct deficiencies in existing domestic legislation and EU retained law resulting from the withdrawal of the United Kingdom from the European Union. Chapter 1 of Part 3 amends primary legislation. Chapter 2 of Part 3 amends secondary legislation and Chapter 3 of Part 3 amends retained direct EU legislation.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.