Amendment to regulation 19
12. In regulation 19 (offences and penalties)—
(a)in paragraph (7) in sub-paragraph (c), omit the terminal “or” and after that insert—
“(ca)regulation 17A(1);
(cb)regulation 17A(3); or”;
(b)after paragraph (10) insert—
“(10A) In relation to the offence in paragraph (7)(ca), it is a defence for the operator to show that a passenger presented a document purporting to be the required evidence which the operator, or a person acting on behalf of the operator, could not reasonably have been expected to know was not the required evidence.
(10B) In relation to the offence in paragraph (7)(cb) it is a defence for the operator to show that it was not reasonably practicable to have the processes and systems in place at the relevant time.”;
(c)after paragraph (13) insert—
“13A. An operator who without reasonable excuse fails to comply—
(a)with the requirement to keep records in regulation 17A(4); or
(b)with a request under regulation 17A(5) to provide records of information within the period specified for the purposes of regulation 17A(6),
commits an offence.”.