7.—(1) Regulation 6 (offences and penalties) is amended as follows.
(2) In paragraph (1) after sub-paragraph (ab)(1) insert—
“(ac)without reasonable excuse contravenes a requirement in regulation 3C, 3D or paragraph 4 of Schedule 2D,”.
(3) After paragraph (1C)(2) insert—
“(1D) For the purposes of paragraph (1)(ac) reasonable excuses for contravening regulation 3C include, in particular, where—
(a)it is not reasonably practicable for P to undertake a test due to a disability,
(b)P requires medical treatment with such urgency that undertaking a test is not reasonably practicable,
(c)a test is cancelled for reasons beyond P’s control,
(d)P has left England,
(e)P is employed as air crew and is undertaking a rest period for a continuous, uninterrupted and defined period of time, following duty or prior to duty, during which P is free of all duties, standby or reserve (and for these purposes, “duties” “standby” and “reserve” have the meanings given in paragraph ORO.FTL.105 of Commission Regulation (EU) No. 965/2012(3)).”.
Sub-paragraph (ab) was inserted by S.I. 2021/150.
Paragraph (1C) was inserted by S.I. 2021/150.
EUR 2012/965, as amended by S.I. 2019/645 and 1098 and 2020/1116.