The Drivers’ Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019

Contents

Part 1 · Introduction

1Citation, commencement and interpretation#

(1)These Regulations may be cited as the Drivers’ Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019.

(2)These Regulations come into operation on 11th March 2019.

(3)The Interpretation Act (Northern Ireland) 1954 applies to these Regulations as it applies to an Act of the Assembly.

Part 2 · Amendments of primary legislation

2Road Traffic (Northern Ireland) Order 1981#

The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

3Road Traffic (Northern Ireland) Order 1981#

In Article 2(2) insert in the appropriate place in alphabetical order—“• “AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (as applied by Article 2(3) of the Community Drivers’ Hours Regulation);”

4Road Traffic (Northern Ireland) Order 1981#

(1)Article 81 is amended as follows.

(2)In paragraph (1A) for the words from “he proves” to the end, substitute—“the person proves—a in respect of a contravention of a provision of the Community Drivers’ Hours Regulation—i that at the time of the contravention the person was complying with Article 10(1) (distance related payments etc.) and Article 10(2) (organisation of drivers’ work etc.) of the Community Drivers’ Hours Regulation; andii that the person took all reasonable steps to avoid the contravention; orb in respect of a contravention of a provision of the AETR—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); andii that the person took all reasonable precautions to avoid the contravention.”

(3)In paragraph (1B)(a)—

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

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

Part 3 · Amendments of secondary legislation

5Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

The Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 are amended as follows.

6Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

(1)Regulation 2 is amended as follows.

(2)In paragraph (1), insert in the appropriate place in alphabetical order—“• “AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (as applied by Article 2(3) of the Community Drivers’ Hours Regulation);”

(3)In paragraph (1), insert in the appropriate place in alphabetical order—“• “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—(a) either Appendix 1 or Appendix 1B to that Annex; and(b) 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—(a) Appendix 1B to that Annex; and(b) Appendix 2 to that Annex.”

(4)In paragraph (1), insert in the appropriate place in alphabetical order—“• “relevant provision” means—(a) in relation to a vehicle to which regulation 3 applies, Annex 1B to the EU Tachographs Regulation;(b) in relation to a vehicle to which regulation 3A applies, Appendix 1B to the Annex to the AETR.”

(5)In paragraph (1), for the definition of “analogue recording equipment” substitute—“• “analogue recording equipment” means—(a) in relation to a vehicle to which regulation 3 applies, recording equipment that complies with Annex I to the EU Tachographs Regulation;(b) in relation to a vehicle to which regulation 3A applies, recording equipment that complies with Appendix 1 to Annex 1 to the AETR;”

(6)In paragraph (1), in the definition of ““company card”, “control card” and “driver card”” omit the reference to “driver card”.

(7)In paragraph (1), insert in the appropriate place in alphabetical order—“• “driver card” has the meaning given by the relevant provision;”

(8)In paragraph (1), in the definition of “digital recording equipment”, for “Annex 1B to the EU Tachographs Regulation” substitute “the relevant provision”.

(9)In paragraph (1), in the definition of “electronic copy”, for “that Annex” substitute “the relevant provision”.

(10)In paragraph (1), in the definition of “EU Tachographs Regulation” after “transport” insert “, as amended from time to time”.

7Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

(1)Regulation 3 is amended as follows.

(2)In the heading, at the end insert “: EU requirements”.

(3)For paragraph (1)(a)(ii) substitute—“ii complies with that Regulation (including the relevant Annexes to it);”

(4)In paragraph (3) omit “the requirements of the relevant Annexes to”.

(5)In paragraph (7), after “6E” insert “(so far as those regulations relate to the EU Tachographs Regulation)”.

8Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

After regulation 3 insert—“3A 1 No person shall use, or cause or permit to be used, a vehicle to which this regulation 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); andiii is being used as provided by Articles 10 to 13 of the Annex to the AETR; orb 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 paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.3 A person shall not be liable to be convicted for contravention of paragraph (1) 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 paragraph (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 paragraph (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; andb 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 paragraph (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; andc 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 paragraph (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; andc 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 paragraph (1), andb is liable to be convicted for the contravention of that paragraph in respect of that use,the employer also commits an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.9 A person shall not be liable to be convicted under paragraph (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 regulation 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 regulation applies at any time to any vehicle to which Part V of the Order applies if, at that time, the AETR requires recording equipment to be installed and used in that vehicle; and in this regulation and regulations 6 to 6E (so far as those regulations relate to the AETR) any expression which is also used in the AETR has the same meaning as in the AETR.3B 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 the United Kingdom,b the person had reasonable cause to believe that the recording equipment would not be installed in a vehicle used on a road in the United Kingdom or would not be so installed until an appropriate type-approval certificate was in force, orc 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 regulation is liable on summary conviction to a fine not exceeding level 4 on the standard scale.4 Nothing in this regulation affects the validity of a contract or any rights arising under or in relation to a contract.5 In this regulation—• “appropriate type-approval certificate” means—(a) in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—(a) issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation, or(b) 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—(a) issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, or(b) 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.3C 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, andc the person fails to inform the Department that the security vulnerabilities have been detected.2 A person who commits an offence under this regulation is liable on summary conviction to a fine not exceeding level 4 on the standard scale.”

9Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 5, after “3” insert “or 3A”.

10Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 6, for paragraph (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, orb Article 12(1), (2) or (5) or 13(2)(a) of the Annex to the AETR,shall, in any proceedings under Part V of the Order or these Regulations, be evidence of the matters appearing from that entry.”

11Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 6A—

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

(b)in paragraph (2), after “3” insert “or 3A”.

12Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 6B—

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

(b)in paragraph (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”.

13Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 6C—

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

14Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 6D(1)(b), after “Community Drivers’ Hours Regulation” insert “or Article 11(2)(b) of the Annex to the AETR”.

15Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 6E(2), after “Community Drivers’ Hours Regulation” insert “or Article 11(2)(b) of the Annex to the AETR”.

16Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 6F(3), after “Community Drivers’ Hours Regulation” insert “or Article 11(2)(b) of the Annex to the AETR”.

17Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 7(8), after “3” insert “or 3A”.

18Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

(1)Regulation 7A is amended as follows.

(2)In paragraph (1)—

(a)in subparagraph (a), after “3” insert “or 3A”;

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

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

19Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

(1)Regulation 7B is amended as follows.

(2)In paragraph (1), after “3” insert “or 3A”.

(3)In paragraph (4)(a), after “3” insert “or 3A”.

(4)In paragraph (5)(a), after “3” insert “or 3A”.

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

(6)After paragraph (8) insert—“9 In paragraph (7) “relevant instrument” means—a in relation to a vehicle to which regulation 3 applies, the EU Tachographs Regulation;b in relation to a vehicle to which regulation 3A applies, the AETR.”

20Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 7E(2)(a), for “or regulation 3” substitute “, the AETR or regulation 3 or 3A”.

21Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 8(1)(b), for “the nomination” substitute “the approval and nomination”.

22Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 10, after “3” insert “or 3A”.

23Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996#

In regulation 10A(2)(a)(i), for “Commission Regulation (EEC) No 3820/85” substitute “Regulation (EC) No 561/2006 of the European Parliament and of the Council”.

24Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997#

In Schedule 1 to the Road Traffic (Fixed Penalty) (Offences) Order (Northern Ireland) 1997, after the entry relating to regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 insert—“”

25Motor Vehicles (Construction and Use) Regulations (Northern Ireland) 1999#

In regulation 40(2) of the Motor Vehicles Construction and Use) Regulations (Northern Ireland) 1999, in subparagraph (h)—

(a)after “item 3” insert “or item 3A”;

(b)after “EU Tachographs Regulation” insert “or 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).”.

26Road Transport (Working Time) Regulations (Northern Ireland) 2005#

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

27Road Traffic (Fixed Penalty) Order (Northern Ireland) 2007#

(1)Schedule 2 to the Road Traffic (Fixed Penalty) Order (Northern Ireland) 2007 is amended as follows.

(2)In paragraph 2, in the table—

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

(b)after item 16 insert—“”

(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—“”

(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 “vehicle is normally 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 6 insert—“7 Regulation 3A of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996”

28Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009#

In regulation 4 of the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009, 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)”.

29Road Traffic (Financial Penalty Deposit) Order (Northern Ireland) 2012#

In the Schedule to the Road Traffic (Financial Penalty Deposit) Order (Northern Ireland) 2012, in Table 10—

(a)in the entry relating to regulation 3(1) 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—“”

30Road Traffic (Financial Penalty Deposit) (Appropriate Amount) Order (Northern Ireland) 2012#

(1)Schedule 2 to the Road Traffic (Financial Penalty Deposit) (Appropriate Amount) Order (Northern Ireland) 2012 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—“”

(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—“”

(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)”;

(3)After Table 6 insert—“”

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