69A Operating centres for authorised vehicles to be specified in operators’ licences.
(1) A person may not use a place in the area of any licensing authority as an operating centre for authorised vehicles under any operator’s licence granted to him by that authority unless it is specified in that licence.
(2) A person applying for an operator’s licence shall give to the licensing authority a statement giving such particulars as the authority may require of each place in the area of the authority which will an operating centre of the applicant if the licence is granted.
(3) Without prejudice to section 62(4) of this Act, a person applying for an operator’s licence shall also, if he is required by the licensing authority so to do, give to him such particulars as he may require with respect to the use which the applicant proposes to make, for authorised vehicles under the licence, of any place referred to in the statement under subsection (2) of this section.
(4) Any person who contravenes subsection (1) of this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
69B Objection to, or refusal or modification of, applications for operators’ licences on environmental grounds.
(1) Any person entitled by virtue of section 63(3) of this Act to object to the grant of any application for an operators’ licence on the ground there mentioned may also object to the grant of any such application on the ground that any place which, if the licence is granted, will be an operating centre of the holder of the licence is unsuitable on environmental grounds for use as such.
(2) In the case of any such application, any person who is the owner or occupier of land in the vicinity of any place which, if the licence is granted, will be an operating centre of the holder of the licence may make representations against the grant of the application on the ground that the place is unsuitable on environmental grounds for use as such, provided that any adverse effects on environmental conditions arising from that use would be capable of prejudicially affecting the use or enjoyment of the land.
(3) Where any objection or representations are duly made under this section in respect of any application for an operators’ licence, the licensing authority may in any case refuse the application on the ground that the parking of authorised vehicles under the licence at or in the vicinity of any place which, if the licence were granted, would be an operating centre of the holder of the licence would cause adverse effects on environmental conditions in the vicinity of that place.
(4) Where any objection or representations are duly so made in respect of any such application, the licensing authority may refuse the application, subject to subsection (5) of this section, on the ground that any place which, if the licence is unsuitable for use as such on environmental grounds other than the ground mentioned in subsection (3) of this section.
(5) A licensing authority may not refuse an application for an operator’s licence under subsection (4) of this section if the applicant satisfies the authority that the grant of the application will not result in any material change as regards—
(a) the places in the area of the authority used or to be used as operating centres for authorised vehicles under any operator’s licence previously granted by the authority or under the licence applied for; or
(b) the use of any such place already in the use as an operating centre under an existing licence so granted.
(6) Without prejudice to the power of a licencing authority to issue an operator’s licence subject to either or both of the modifications of limitations mentioned in section 64(4) of this Act, in case where—
(a) the authority has power to refuse an application for any such licence under subsection (3) or (4) of this section; and
(b) any place other than a place unsuitable for use as an operating centre is referred to in the statement under section 69A(2) of this Act as a proposed operating centre of the applicant;
the authority may, instead of refusing the application, issue the licence specifying in it only such place or places referred to in that statement as are not unsuitable for use as an operating centre.
For the purposes of this subsection, a place referred to in any such statement given to a licensing authority has power to refuse the application under subsection (3) or (4) of this section in consequence of the proposed use of that place as an operating centre.
(7) A request for the grant of a licence under section 67(5) of this Act pending the determination of a current application for an application for an operator’s licence for the purposes of this section, but in granting a licence under section 67(5) a licensing authority may specify in the licence such place or places referred to in the statement given to the authority given to the authority by the applicant under section 69A(2) of this Act as the authority thinks fit.
69C Conditions as to the use of operating centres.
(1) Subject to the following provisions of this section, a licensing authority may attach such conditions to an operator’s licence as appear to him to be appropriate for the purpose of preventing or minimising any adverse effects on environmental conditions arising from the use for authorised vehicles under the licence in the area of the authority.
(2) The conditions which may be attached to a licence under this section shall be of such description as may be prescribed; and, without prejudice to the generality of the preceding provision, the descriptions which may be prescribed include conditions regulating—
(a) the number, type and size of motor vehicles or trailers which may at any operating centre of the holder of the licence in the area of the authority for any prescribed purpose;
(b) the parking arrangements to be provided at or in the vicinity of any such centre; and
(c) the hours at which operations of any prescribed description may be carried on at any such centre.
(3) Subject to subsection (4) of this section, the licensing authority by whom an operator’s licence was granted may at any time vary or remove any condition attached to the licence under this section.
(4) The power to attach a condition to an operator’s licence under this section shall be exercisable by a licensing authority on granting the licence; and that power, and the power to vary or remove any condition so attached, shall also be exersisable in accordance with section 69D of this Act on an application by the holder for variation of the licence.
(5) Where a licensing authority is precluded by section 69B(5) of this Act from refusing an application for an operator’s licence, the authority may not attach any condition to the licence under this section without first giving the applicant for the licence an opportunity to make representations to the authority with respect to the effect on his business of any condition the authority proposes to attach; and where the applicant makes any such representations the authority shall give special consideration to those representations in determining whether to attach the proposed condition on granting the licence.
(6) Any person who contravenes any condition attached under this section to a licence of which he is the holder shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
69D Variation of operators’ licences with respect to operating centres and conditions affecting their use, etc.
(1) Subject to section 69E of this Act, on the application of the holder of an operator’s licence, the licensing authority by whom the licence was granted may at any time while it is in force vary the licence by directing—
(a) that a new place shall be specified in the licence as an operating centre of the holder of the licence, or that any place so specified shall cease to be so specified; or
(b) that any condition attached to the licence under section 69C of this Act shall be varied or removed.
(2) A person applying for the variation of an operator’s licence under this section shall give to the licensing authority such information as he may reasonably require for the discharge of his duties in relation to the application.
(3) The licensing authority shall publish in the prescribed manner notice of any application for a variation under this section, unless the licensing authority is satisfied that the application is of so trivial a nature that it is not necessary that an opportunity should be given for objecting to it or making representations against it.
(4) Any person entitled to object to the grant of any application for a variation of which notice has been published under section 68(4) of this Act may object to the grant of any application for a variation of which notice has been published under section 68(4) or under subsection (3) of this section on either of the following grounds, that is to say—
(a) that any place which, if the application for variation is granted, will be an operating centre of the holder of the licence is unsuitable on environmental conditions in the vicinity of that centre.
(5) Subject to subsection (6) of this section, any person who is the owner or occupier of land in the vicinity of—
(a) any place which, if the application for variation is granted, will be an operating centre of the holder of the licence; or
(b) any existing operating of the holder of the licence to which the application relates;
may make representations against the grant of any application for a variation of which notice has been published under section 68(4) of this Act or under subsection (3) of this section on either of the grounds mentioned in subsection (4) of this section, but so far as relates to that place or operating centre.
(6) A person may not be virtue of subsection (5) of this section make representations against the grant of an application for variation of an operator’s licence unless any adverse effects on environmental conditions arising from the use of the place or operating centre in question would be capable of prejudicially affecting the use or enjoyment of the land there mentioned.
(7) Where any objection or representations are duly made under this section in respect of any application for a variation of an operator’s licence, the licensing authority may refuse the application in any case where it appears to him that the application ought to be refused on either of the grounds mentioned in subsection (4) of this section.
(8) In any case in which the licensing authority grants an application for a variation of an operator’s licence of which notice has been published under section 68(4) of this Act or under subsection (3) of this section, the licensing authority may direct that any condition attached to the licence under section 69C of this Act shall be varied or removed or that a condition shall be attached to the licence under that section.
(9) If an applicant under this section so requests, the licensing authority may, pending the determination of the application, give an interim direction under subsection (1) or (8) of this section, that is to say, a direction expressed to continue in force only until the application, and any appeal arising out of it, have been disposed of; and a request for such a direction shall not for the purposes of subsection (3) to (7) of this section be treated as an application for a variation under this section.
69E Publication of notice of applications for licences and variations in localities affected.
(1) The licensing authority for any area shall refuse—
(a) any application to the authority for an opportunity for an operator’s licence; and
(b) any application to the authority for the variation of an operator’s licence of which notice has been published under section 68(4) or 69D(3) of this Act;
without considering the merits of the application unless he is satisfied that notice of the application in such form and containing such information as may be prescribed has been published within the period mentioned in subsection (2) of this section in a local newspaper or newspapers circulating in each locality affected by the application.
(2) The period referred to in subsection (1) of this section is the period beginning twenty-one days before the date on which the application is made and ending twenty-one days after that date.
(3) For the purposes of this section a locality shall be taken to be affected by an application to a licensing authority for, or for the variation of, an operator’s licence if it contains any place in the area of the authority which will be an operating centre of the holder of the licence if the application is granted, or (in the case of an application for variation) any existing operating centre of the holder of the licence to which the application relates.
(1) Within such time after any period of review as may be prescribed, the licensing authority by whom an operator’s licence was granted may serve a notice on the licence-holder stating that the authority is considering whether to exercise any of his powers under sections 69EB and 69EC of this Act in relation to a place specified in the licence as an operating centre of the licence-holder.
(2) The periods of review in relation to an operator’s licence are—
(a) the period of five years beginning with the date specified in the licence as the date on which it came into force; and
(b) each consecutive period of five years.
(3) Regulations may amend subsection (2) of this section by substituting a higher or lower number (but not a number lower than five) for the number of years currently mentioned in paragraphs (a) and (b).
(4) Regulations may make provision as to the manner in which notices under this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).
(1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority determines that the place is unsuitable—
(a) on grounds other than environmental grounds; or
(b) on the ground mentioned in subsection (2) of this section,
for use as an operating centre of the licence-holder, he may (subject to subsection (3) of this section) direct that it cease to be specified in the licence.
(2) The ground referred to in subsection (1)(b) of this section is that the parking of vehicles used under the licence at or in the vicinity of the place causes adverse effects on environmental conditions in that vicinity.
(3) Where the only ground for giving a direction under subsection (1) of this section is the ground mentioned in subsection (2) of this section, the authority may not give such a direction unless during the period of review in question representations were made to him—
(a) by a person such as is mentioned in section 63(3) of this Act; or
(b) by a person who is the owner or occupier of any land in the vicinity of the place in question,
as to the place’s unsuitability on environmental grounds for continued use as an operating centre for vehicles used under any operator’s licence.
(4) Representations made by a person such as is mentioned in subsection (3)(b) of this section shall be disregarded for the purposes of this section if, when they were made, any adverse effects on environmental conditions arising from the continued use of the place in question would not have been capable of prejudicially affecting the use or enjoyment of the land mentioned in subsection (3)(b).
(1) If, having served notice under section 69EA of this Act in respect of a place specified in an operator’s licence, the licensing authority does not give a direction in respect of the place under section 69EB of this Act, he may direct—
(a) that conditions (or additional conditions) such as are mentioned in section 64B, 66(1)(c) or 69C of this Act be attached to the licence;
(b) that any conditions already attached to the licence under section 64B, 66(1)(c) or 69C be varied.
(2) Any conditions attached to the licence under subsection (1)(a) of this section shall relate (or in the case of conditions such as are mentioned in section 66(1)(c) of this Act, only require the authority to be informed of events that relate) only to the place referred to in subsection (1) of this section (or only to that place and any other places in respect of which the authority has power to attach conditions under that subsection).
(3) Any variation under subsection (1)(b) of this section shall be such as imposes new or further restrictions or requirements in relation to that place, and only that place (or only that place and any other such places).
(4) Where the licensing authority gives a direction in respect of an operator’s licence under section 69EB of this Act or subsection (1)(a) of this section, he may also vary the licence by directing—
(a) that any vehicle cease to be specified in the licence;
(b) that any maximum number specified in the licence under section 61A of this Act be reduced;
(c) that a provision such as is mentioned in section 61(1A) of this Act be included in the licence;
(d) that a provision such as is mentioned in section 61A(1)(b) or (2)(b) of this Act be included in the licence.
(5) In this Part of this Act any reference, in relation to an operator’s licence, to a condition attached to the licence under section 64B, 66, or 69C of this Act includes any condition such as is mentioned in section 64B, 66 or (as the case may be) 69C that was attached to the licence under subsection (1)(a) of this section.
Schedule 8A to this Act (which makes provision in relation to certain applications for, or for the variation of, operators’ licences where the proposed operating centres of the applicant are already specified in an operator’s licence) shall have effect.
69F Revocation, etc. of operators’ licences for breach of provisions controlling use of operating centres.
(1) Subject to subsection (2) of this section, the licensing authority by whom an operator’s licence was granted may direct that it be revoked, suspended, terminated on a date earlier than that on which it would otherwise expire under section 67 of this Act, or curtailed on the ground that the holder of the licence has contraved section 69A of this Act or any condition attached to his licence under section 69C of this Act; and during any time of suspension the licence shall be of no effect.
(2) Section 69 of this Act shall apply as if the power to give a direction under subsection (1) of this section and the ground there mentioned were respectively conferred by and mentioned in subsection (1) of that section.
69G Provisions supplementary to sections 69A to 69F.
(1) Any objection or representations under section 69B or 69D of this Act shall contain particulars of any matters alleged by the person making the objection or representations to be relevant to the determination of the licensing authority to which the objections or representations relate; and the onus of proof of any matters so alleged shall lie on the person making the objection or representations.
(2) Any objection or representation under either of those sections with respect to any application for, or for the variation of, an operator’s licence shall be made within the prescribed time and in the prescribed manner, which—
(a) may differ for representations from that prescribed for objections; and
(b) shall in either case be stated in the notice of the application published under section 63(1) of this Act or (as the case may be) under section 68(4) of this Act.
(3) In making any of the following determinations, that is to say—
(a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre for authorised vehicles under an operator’s licence;
the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.
(4) In making any such determination for the purposes of exercising any of his powers under sections 69B to 69D of this Act in relation to an application for or for the variation of, an operator’s license, the licensing authority shall also have regard to—
(a) any information supplied by the applicant in accordance with section 68, 69A or 69D of this Act; and
(b) any objections or representations duly made under section 69B or 69D.
(5) Any statement or information to be given to a licensing authority under section 69A or 69D of this Act shall be given in such form as the authority may require.
(6) For the purposes of sections 69D(5)(b) and 69(3) of this Act an application for a variation of an operator’s licence shall be taken to relate to an operating centre of the holder of the licence if any
69H Determinations as to environmental matters: supplementary provisions.
(1) In making any determination of a description mentioned in subsection (2) of this section, the licensing authority shall have regard to such considerations as may be prescribed as relevant to determinations of that description.
(2) The determinations referred to are—
(a) any determination with respect to the suitability of any place on environmental grounds for use as an operating centre of the holder of an operator’s licence;
(b) any determination with respect to attaching any condition such as is mentioned in section 69C of this Act to an operator’s licence or varying or removing any such condition attached to an operator’s licence; and
(c) any determination with respect to the effect on environmental conditions in any locality of the use in any particular manner of any operating centre of the holder of an operator’s licence.
(3) In making any such determination for the purposes of exercising—
(a) any of his functions in relation to an application for, or for the variation of, an operator’s licence; or
(b) any of his functions under sections 69EA to 69EC of this Act,
the licensing authority may take into account any undertakings given by the applicant or licence-holder (or procured by him to be given) for the purposes of the application or the review under sections 69EA to 69EC, and may assume that those undertakings will be fulfilled.
(4) In making for those purposes a determination of a description mentioned in subsection (2)(a) or (c) of this section, the licensing authority may take into account any conditions such as are mentioned in section 69C of this Act that could be attached to the licence in question, and may assume that any conditions so attached will not be contravened.
(5) Where the licensing authority—
(a) grants an application for, or for the variation of, an operator’s licence; or
(b) having served notice under section 69EA of this Act in respect of any place specified in such a licence, exercises or determines not to exercise any of his powers under sections 69EB and 69EC of this Act in relation to that place,
any undertakings taken into account by the authority under subsection (4) of this section that the authority considers to be material to the application or (as the case may be) to his decision under sections 69EB and 69EC shall be recorded in the licence in question.
(1) In considering any financial question which appears to him to arise in relation to the exercise of his functions under this Part of this Act or the Goods Vehicles (Operators’ Licences, Qualifications and Fees) Regulations 1984, the licensing authority may be assisted by an assessor drawn from a panel of persons appointed for that purpose by the Secretary of State.
(2) The Secretary of State shall pay to any such assessor in respect of his services such remuneration as may be determined by the Secretary of State with the consent of the Treasury.
(1) Subject to subsection (2) of this section, the licensing authority may review and, if he thinks fit, vary or revoke any decision of his to grant or refuse—
(a) an application for an operator’s licence; or
(b) an application for the variation of such a licence in a case where section 68(4) of this Act required notice of the application to be published,
if he is satisfied that a procedural requirement imposed by or under any enactment has not been complied with in relation to the decision.
(2) The licensing authority may only review a decision under subsection (1) of this section—
(a) if, within such period after taking the decision as may be prescribed, he has given notice to the applicant or (as the case may be) the licence-holder that he intends to review the decision;
(b) if, within that period, a person who appears to him to have an interest in the decision has requested him to review it; or
(c) where neither paragraph (a) nor paragraph (b) of this subsection applies, if he considers there to be exceptional circumstances that justify the review.
(3) Regulations may make provision as to the manner in which notices under subsection (2)(a) of this section are to be or may be served, including provision as to the circumstances in which and time at which any such notice is to be treated as having been duly served (whether or not it has in fact been served).
(4) The variation or revocation of a decision under this section shall not make unlawful anything done in reliance on the decision before the variation or revocation takes effect.
70 Rights of appeal in connection with operators’ licences.
(1) Subject to subsection (2) of this section, a person who—
(a) being an applicant for, or for the variation of, an operator’s licence, is aggrieved by the refusal of the application or, as the case may be, by the terms or conditions of the licence or of the variation; or
(b) being the holder of an operator’s licence in respect of which, or a person in respect of whom, or the holder of an operator’s licence which specifies a motor vehicle in respect of which a direction or order has been given or made under section 61(6) or 69(1) to (7A)or 69F(1) of this Act, is aggrieved by that direction or order, or
(c) having duly made an objection to an application for, or for the variation of, an operator’s licence, is aggrieved by the grant of the application,
may appeal to the Transport Tribunal.
(2) No appeal shall lie under the foregoing subsection on the ground that a direction has been given under subsection (3) of section 67 of this Act if it has been given by virtue of paragraph (b) of the said subsection (3).
(1)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) For the purposes of. . . the subsequent provisions of this Part of this Act, a large goods vehicle is a goods vehicle (other than a hauling vehicle) which—
(a) has a relevant plated weight exceeding 16260 kilograms or (not having a relevant plated weight) has an unladen weight exceeding 5080; or
(b) forms part of a vehicle combination (not being an articulated combination) which is such that—
(i) if all the vehicles comprised in the combination (or all of them except any small trailer) have relevant plated weights, the aggregate of the relevant plated weights of the vehicles comprised in the combination (exclusive of any such trailer) exceeds 16260 kilograms;
(ii) in any other case, the aggregate of the unladen weights of those vehicles (exclusive of any such trailer) exceeds 5080; or
(c) forms part of an articulated combination which is such that—
(i) if the trailer comprised in the combination has a relevant plated weight, the aggregate of the unladen weight of the motor vehicle comprised in the combination and the relevant plated weight of that trailer exceeds 16260 kilograms;
(ii) in any other case, the aggregate of the unladen weights of the motor vehicle and the trailer comprised in the combination exceeds 5080.
In any provision of this subsection “relevant plated weight” means a plated weight of the description specified in relation to that provision by regulations; and in paragraph (b) of this subsection “small trailer” means a trailer having an unladen weight not exceeding 1020 kilograms.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this section—
“hauling vehicle” means a motor tractor, a light locomotive, a heavy locomotive or the motor vehicle comprised in an articulated combination;
(9), (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Subject to subsection (2) of this section, no goods shall be carried on a large goods vehicle unless a document (in this section referred to as a “consignment note”) in the prescribed form and containing the prescribed particulars has been completed and signed in the prescribed manner and is carried by the driver of the vehicle.
(2) Subsection (1) of this section shall not apply—
(a) to the carriage of goods on any journey or in a vehicle of any class exempted from that subsection by regulations; or
(b) to any carriage of goods which is lawful without the authority of an operator’s licence;
and, subject to the provisions of regulations, a licensing authority may dispense with the observance, as respects the carriage of goods under an operator’s licence granted by him, of any requirement of that subsection, and may grant such a dispensation either generally, or as respects a particular vehicle, or as respects the use of vehicles for a particular purpose, but he shall not grant such a dispensation unless satisfied that it is not reasonably practicable for the requirement dispensed with to be observed.
(3) The consignment note relating to the goods carried by a vehicle on any journey shall, at the conclusion of that journey, be preserved for the prescribed period by the person who used the vehicle. . . for carrying the goods on that journey.
(4) Any person who uses or drives a vehicle in contravention of subsection (1) of this section or who fails to comply with subsection (3) thereof shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) An officer may, on production if so required of his authority, require any person to produce and permit him to inspect and copy—
(a) any. . . document which is required by or under section. . . 81 of this Act to be carried by that person as driver of a vehicle;
(b) any. . . document which that person is required by or under that section to preserve;
and that. . . document shall, if the officer so requires by notice in writing served on that person, be produced at the office of the licensing authority specified in the notice within such time (not being less than ten days) from the service of the notice as may be so specified.
(2) An officer may, on production if so required of his authority—
(a) at any time, enter any large goods vehicle and inspect that vehicle and any goods carried by it;
(b) at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that such a vehicle is kept or that any such. . . documents as are mentioned in subsection (1) of this section are to be found, and inspect any such vehicle, and inspect and copy any such. . . document, which he finds there.
(3) For the purpose of exercising his powers under subsection (1)(a) or (2)(a) of this section, an officer may detain the vehicle in question during such time as is required for the exercise of that power.
(4) An officer may, at any time which is reasonable having regard to the circumstances of the case, enter any premises of an applicant for an operator’s licence or of the holder of such a licence and inspect any facilities on those premises for maintaining the authorised vehicles in a fit and serviceable condition.
(5) Any person who—
(a) fails to comply with any requirement under subsection (1) of this section; or
(b) obstructs an officer in the exercise of his powers under subsection (2), (3) or (4) of this section,
shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(6) If an officer has reason to believe that a document or article carried on or by the driver of a vehicle, or a document produced to him in pursuance of this Part of this Act or Schedule 9 thereto, is a document or article in relation to which an offence has been committed under—
(a) section 83 of this Act; or
(b) section 233 or 235 of the Act of 1960 as amended by Schedule 10 to this Act,
he may seize that document or article; and where a document or article is seized as aforesaid and within six months of the date on which it was seized no person has been charged since that date with an offence in relation to that document or article under any of those sections and that document or article is still detained, a magistrates’ court shall, on an application made for the purpose by the driver or owner of the vehicle, by the person from whom the document was seized or by an officer, make such order respecting the disposal of the document or article and award such costs as the justice of the case may require.
(7) Any proceedings in Scotland under the last foregoing subsection shall be taken by way of summary application in the sheriff court; and in the application of that subsection to Scotland references to costs shall be construed as references to expenses.
(8) In this section “officer” means an examiner appointed under section 66A of the Road Traffic Act 1988 and any person authorised for the purposes of this section by the licensing authority for any area.
(9) The powers conferred by this section on an officer as defined in subsection (8) of this section shall be exercisable also by a police constable who shall not, if wearing uniform, be required to produce any authority.
83 Falsification of consignment notes and records.
Any person who makes, or causes to be made, any. . . document required to be made under section. . . 81 of this Act which he knows to be false or, with intent to deceive, alters or causes to be altered any such. . . document shall be liable—
(a) on summary conviction, to a fine not exceeding £200;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years.
In any proceedings for an offence under this Part of this Act or Schedule 9 thereto a certificate signed by or on behalf of a licensing authority and stating—
(a) that, on any date, a person was or was not the holder of an operator’s licence,. . . . . . granted by the authority;
(b) the dates of the coming into force and expiration of any such licence. . . granted by the authority;
(c) the terms and conditions of any operator’s licence. . . granted by the authority;
(d) that a person is by virtue of an order of the authority disqualified from holding or obtaining an operator’s licence,. . . . . . licence indefinitely or for a specified period;
(e) that a direction, having effect indefinitely or for a specified period, has been given by the licensing authority under section 69(6) of this Act in relation to any person;
(f) that, on any date or during any specified period, any such licence. . . granted by the authority was of no effect by reason of a direction that it be suspended,
shall be evidence, and in Scotland sufficient evidence, of the facts stated; and a certificate stating any of the matters aforesaid and purporting to be signed by or on behalf of a licensing authority shall be deemed to be so signed unless the contrary is proved.
(1) The Minister may by regulations make provision for the purpose of enabling any company, or other body corporate, which has one or more subsidiaries to hold—
(a) an operator’s licence under which the authorised vehicles consist of or include vehicles belonging to or in the possession of any of its subsidiaries;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Regulations under this section may modify or supplement any of the provisions of this Part of this Act or Schedule 10 thereto so far as appears to the Minister to be necessary or expedient for the purpose mentioned in subsection (1) of this section or in connection therewith, and may contain such other supplementary and incidental provisions as appear to the Minister to be requisite.
86 Operators’ licences not to be transferable etc.
(1) Subject to any regulations under section 85 of this Act, an operator’s licence is not transferable or assignable.
(2) Regulations may make provision enabling the licensing authority, where the holder of an operator’s licence granted by him has died or become a patient within the meaning of Part VII of the Mental Health Act 1983, to direct that the licence be treated—
(a) as not having terminated at the time the licence-holder died or became such a patient but as having been suspended (that is, as having remained in force subject to the limitation that no vehicles were authorised to be used under it) from that time until the time the direction comes into force; and
(b) as having effect from the time the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.
(3) Regulations may make provision enabling the licensing authority in prescribed circumstances to direct that any operator’s licence granted by him be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.
(4) Regulations may make provision enabling the licensing authority to direct, for the purpose of giving effect to or supplementing a direction given by him by virtue of subsection (2) or (3) of this section, that this Part of this Act apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence.
(5) In this section “specified”, in relation to a direction, means specified—
(a) in the regulations under which the direction was given; or
(b) in the direction in accordance with those regulations.
(1) A licensing authority may hold such inquiries as he thinks necessary for the proper exercise of his functions under this Part of this Act. . .
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Where, as respects the proposed exercise of his powers on any occasion under section 69. . . or 69F of this Act, a licensing authority receives a request for an inquiry from two or more persons he may hold a single inquiry in response to both or all of those requests.
(4) Subject to any provision made by regulations, any inquiry held by a licensing authority for the purposes of this Part of this Act. . . shall be held in public.
(5) Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not, so long as that trade or business continues to be carried on, be disclosed except—
(a) with the consent of the person for the time being carrying on that trade or business; or
(b) for the purpose of the discharge by any person of his functions under this Part of this Act. . . ; or
(c) with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Part of this Act. . . (including proceedings before the Transport Tribunal);
and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the licensing authority in respect of the grant or variation of operators’ licences. . . . . .
(2) All fees payable under this Part of this Act. . . shall be paid into the Consolidated Fund in such manner as the Treasury may direct.
(1) The Minister may make regulations for any purpose for which regulations may be made under this Part of this Act and for prescribing anything which may be prescribed under this Part of this Act and generally for the purpose of carrying this Part of this Act into effect and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, may make regulations with respect to the following matters—
(a) the procedure on applications for, and the determination of questions in connection with, the grant and variation of operators’ licences. . . , and the procedure under, and the determination of questions for the purposes of, sections 69 and 69F of this Act;
(b) the issue of operators’ licences. . . and the issue on payment of the prescribed fee of copies of such licences. . . in the case of licences. . . lost or defaced;
(c) the means by which vehicles may be identified, whether by plates, marks or otherwise, as being authorised vehicles. . . ;
(d) the custody, production, return and cancellation of operators’ licences and of documents, plates and any other means of identification prescribed under paragraph (c) of this subsection;
(dd) the payment of a prescribed fee in respect of any document, plate or such other means of identification that has been lost, defaced or broken;
(e) the notification to the licensing authority of vehicles which have ceased to be used under an operator’s licence. . . ;
(f) the repayment (or partial repayment) in the prescribed circumstances of fees paid under this Part of this Act;
(g) the circumstances in which goods are to be treated for the purposes of this Part of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him;
and different regulations may be made as respects different classes of vehicles.
(2) The power conferred by subsection (1) of this section to make regulations with respect to the means by which vehicles are to be identified as being authorised vehicles. . . shall include power to require that any such means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator’s licence. . . is required.
(3) The Minister may by regulations substitute for any weight, distance, volume or area specified by or under this Part of this Act a weight, distance, volume or area expressed in terms of the metric system, being a weight, distance, volume or area which is equivalent to that for which it is substituted or does not differ from it by more than five per cent. thereof.
(4) The Minister may make regulations—
(a) for providing that any provision of this Part of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed;
(b) . . .
and different provision may be made by the regulations for different classes of case.
(5) A definition or description of a class of vehicles for the purposes of any regulation under this Part of this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatsoever.
(6) Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.
(7) Any order or regulations made by the Minister under this Part of this Act. . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(8) Before making any regulations under this Part of this Act. . . the Minister shall consult with such representative organisations as he thinks fit.
(1) In this Part of this Act. . . , unless the context otherwise requires—
“articulated combination” means a combination made up of—
(a) a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, and
(b) a trailer attached to it as aforesaid:
“authorised vehicle” means, in relation to an operator’s licence, a vehicle authorised to be used thereunder, whether or not it is for the time being in use for a purpose for which an operator’s licence is required and whether it is specified therein as so authorised or, being of a type so authorised subject to a maximum number, belongs to the holder of the licence or is in his possession under an agreement for hire-purchase, hire or loan;
“carriage of goods” includes haulage of goods;
“carrier’s licence” means a licence granted under Part IV of the Act of 1960;
“contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision, and “contravenes” shall be construed accordingly;
“driver” means, in relation to a trailer, the driver of the vehicles by which the trailer is drawn and “drive” shall be construed accordingly;
“goods” includes goods or burden of any description;
“goods vehicle” means, subject to subsection (5) of this section, a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;
“large goods vehicle” shall be construed in accordance with section 71 of this Act;
“operating centre”, in relation to any vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of an operator’s licence are references to any place which is an operating centre for authorised vehicles under the licence;
“owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent, would be so entitled it it were so let;
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Minister under this Part of this Act;
“subsidiary” means a subsidiary as defined by section 736 of the Companies Act 1985;
“vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling;
and any expression not defined above which is also used in the Act of 1960 has the same meaning as in that Act.
(2) For the purposes of this Part of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.
(3) In this Part of this Act references to directing that an operator’s licence be curtailed are references to directing (with effect for the remainder of the duration of the licence or for any shorter period) all or any of the following, that is to say—
(a) that any one or more of the vehicles specified in the licence be removed therefrom;
(b) that the maximum number of trailers or of motor vehicles specified in the licence in pursuance of section 61(1)(b) or (c) of this Act be reduced;
(c) that the addition of authorised vehicles under the said section 61(1)(c) be no longer permitted.
(d) that any one or more of the places specified in the licence as operating centres be removed therefrom.
(4) In this Part of this Act, references to the bankruptcy of a person shall, as respects Scotland, be construed as references to an award of sequestration having been made of his estate.
(5) In this Part of this Act. . . references to goods vehicles do not include references to tramcars or trolley vehicles operated under statutory powers within the meaning of Schedule 4 to the Road Traffic Act 1988.
(6) Anything required or authorised by this Part of this Act to be done to or by a licensing authority by whom a licence. . . was granted may be done to or by any person for the time being acting as licensing authority for the area for which the first-mentioned authority was acting at the time of the granting of the licence. . . .
93 Carriers’ licences not to be required for small vehicles or for medium vehicles covered by operators’ licences.
(1) Section 164 of the Act of 1960 (users of goods vehicles to hold carriers’ licences) shall cease to apply to the use of any vehicle the unladen weight of which does not exceed , and any carrier’s licence so far as it authorises the use of such a vehicle shall cease to have effect.
(2) The said section 164 shall not apply to the use of any vehicle for the use of which an operator’s licence is required, unless that vehicle is a large goods vehicle.
(1) Where, before the day on which section 60 of this Act comes into force in relation to any vehicles, an application for an operator’s licence is made in respect of those vehicles by a person who is the holder of a carrier’s licence in respect of all or any of those vehicles, section 63 of this Act shall not apply to the application and section 64 of this Act shall apply to it with the omission of subsection (2)(b), (c) and (e).
(2) Notwithstanding section 171(3) of the Act of 1960 (which requires an application for a C licence under Part IV of that Act to be made to the licensing authority for the area in which the principal place of business of the applicant or his head office is situated), any application for such a licence in respect of vehicles which consist of or include vehicles in relation to which section 60 of this Act has come into force shall be made to the licensing authority (within the meaning of the said Part IV) for the area containing the operating centre or operating centres of the vehicles proposed to be used under the licence.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)—(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) The enactments specified in Part I of Schedule 10 to this Act shall have effect subject to the amendments there specified.
(8) On the appointed day for the purposes of this subsection—
(a) the enactments specified in Part II of Schedule 10 to this Act shall have effect subject to the amendments there specified;. . .
(b) . . .
. . .
(9) Regulations may provide for the repayment in the prescribed circumstances of fees paid under section 182 of the Act of 1960 in respect of carriers’ licences which are in force on the appointed day for the purpose of the last foregoing subsection.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
95 Vehicles and drivers subject to control under Part VI.
(1) This Part of this Act shall have effect with a view to securing the observance of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road and thereby protecting the public against the risks which arise in cases where the drivers of motor vehicles are suffering from fatigue ...
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) This Part of this Act applies to—
(a) passenger vehicles, that is to say—
(i) public service vehicles; and
(ii) motor vehicles (other than public service vehicles) constructed or adapted to carry more than twelve passengers;
(b) goods vehicles, that is to say—
(i) heavy locomotives, light locomotives, motor tractors and any motor vehicle so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle; and
(ii) motor vehicles (except those mentioned in paragraph (a) of this subsection) constructed or adapted to carry goods other than the effects of passengers.
(c) vehicles not falling within paragraph (a) or (b) of this subsection which—
(i) are vehicles within the meaning given by Article 4 of the Community Drivers’ Hours Regulation; and
(ii) are not referred to in Article 3 of that Regulation.
(3) This Part of this Act applies to any such person as follows (in this Part of this Act referred to as “a driver”), that is to say—
(a) a person who drives a vehicle to which this Part of this Act applies in the course of his employment (in this Part of this Act referred to as “an employee-driver”); and
(b) a person who drives such a vehicle for the purposes of a trade or business carried on by him (in this Part of this Act referred to as “an owner-driver”);
and in this Part of this Act references to driving by any person are references to his driving as aforesaid.
(1) Subject to the provisions of this section, a driver shall not on any working day drive a vehicle or vehicles to which this Part of this Act applies for periods amounting in the aggregate to more than ten hours.
(2) Subject to the provisions of this section, if on any working day a driver has been on duty for a period of, or for periods amounting in the aggregate to, five and a half hours and—
(a) there has not been during that period, or during or between any of those periods, an interval of not less than half an hour in which he was able to obtain rest and refreshment; and
(b) the end of that period, or of the last of those periods, does not mark the end of that working day,
there shall at the end of that period, or of the last of those periods, be such an interval as aforesaid.
(3) Subject to the provisions of this section, the working day of a driver—
(a) except where paragraph (b) or (c) of this subsection applies, shall not exceed eleven hours;
(b) if during that day he is off duty for a period which is, or periods which taken together are, not less than the time by which his working day exceeds eleven hours, shall not exceed twelve and a half hours;
(c) if during that day—
(i) all the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more express carriages or contract carriages; and
(ii) he is able for a period of not less than four hours to obtain rest and refreshment,
shall not exceed fourteen hours.
(4) Subject to the provision of this section, there shall be, between any two successive working days of a driver, an interval for rest which—
(a) subject to paragraph (b) of this subsection, shall not be of less than eleven hours;
(b) if during both those days all or the greater part of the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more passenger vehicles, may, on one occasion in each working week, be of less than eleven hours but not of less than nine and a half hours;
and for the purposes of this Part of this Act a period of time shall not be treated, in the case of an employee-driver, as not being an interval for rest by reason only that he may be called upon to report for duty if required.
(5) Subject to the provisions of this section a driver shall not be on duty in any working week for periods amounting in the aggregate to more than sixty hours.
(6) Subject to the provisions of this section, there shall be, in the case of each working week of a driver, a period of not less than twenty-four hours for which he is off duty, being a period either falling wholly in that week or beginning in that week and ending in the next week; but—
(a) where the requirements of the foregoing provisions of this subsection have been satisfied in the case of any week by reference to a period ending in the next week, no part of that period (except any part after the expiration of the first twenty-four hours of it) shall be taken into account for the purpose of satisfying those requirements in the case of the next week; and
(b) those requirements need not be satisfied in the case of any working week of a driver who on each working day falling wholly or partly in that week drives one or more stage carriages if that week is immediately preceded by a week in the case of which those requirements have been satisfied as respects that driver or during which he has not at any time been on duty.
(7) If in the case of the working week of any driver the following requirement is satisfied, that is to say, that, in each of the periods of twenty-four hours beginning at midnight which make up that week, the driver does not drive a vehicle to which this Part of this Act applies for a period of, or periods amounting in the aggregate to, more than four hours, the foregoing provisions of this section shall not apply to him in that week, except that the provisions of subsections (1), (2) and (3) shall nevertheless have effect in relation to the whole of any working day falling partly in that week and partly in a working week in the case of which that requirement is not satisfied.
(8) If on any working day a driver does not drive any vehicle to which this Part of this Act applies—
(a) subsections (2) and (3) of this section shall not apply to that day, and
(b) the period or periods of duty attributable to that day for the purposes of subsection (5) of this section shall, if amounting to more than eleven hours, be treated as amounting to eleven hours only.
(9) For the purposes of subsections (1) and (7) of this section no account shall be taken of any time spent driving a vehicle elsewhere than on a road if the vehicle is being so driven in the course of operations of agriculture or forestry.
For the purposes of subsections (1) and (7) of section 96 no account shall be taken of any time spent in driving a goods vehicle elsewhere than on a road if the vehicle is being so driven in the course of operations of quarrying or of carrying out any work in the construction, reconstruction, alteration, extension or maintenance of, or of a part of, a building, or of any other fixed works of construction or civil engineering (including works for the construction, improvement or maintenance of a road) and, for the purposes of this exemption where the vehicle is being driven on, or on a part of a road in the course of carrying out any work for the improvement or maintenance of, or of that part of, that road, it shall be treated as if it were being driven elsewhere than on a road.
(10) For the purpose of enabling drivers to deal with cases of emergency or otherwise to meet a special need, the Minister may by regulations—
(a) create exemptions from all or any of the requirements of subsections (1) to (6) of this section in such cases and subject to such conditions as may be specified in the regulations;
(b) empower a traffic commissioner, subject to the provisions of the regulations—
(i) to dispense with the observance of all or any of those requirements (either generally or in such circumstances or to such extent as the commissioner thinks fit) in any particular case for which provision is not made under paragraph (a) of this subsection;
(ii) to grant a certificate (which, for the purposes of any proceedings under this Part of this Act, shall be conclusive evidence of the facts therein stated) that any particular case falls or fell within any exemption created under the said paragraph (a);
and regulations under this subsection may enable any dispensation under paragraph (b)(i) of this subsection to be granted retrospectively and provide for a document purporting to be a certificate granted by virtue of paragraph (b)(ii) of this subsection to be accepted in evidence without further proof.
(11) If any of the requirements of the domestic drivers’ hours code, is contravened in the case of any driver—
(a) that driver; and
(b) any other person (being that driver’s employer or a person to whose orders that driver was subject) who caused or permitted the contravention,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale; but a person shall not be liable to be convicted under this subsection if he proved to the court—
(i) that the contravention was due to unavoidable delay in the completion of a journey arising out of circumstances which he could not reasonably have foreseen; or
(ii) in the case of a person charged under paragraph (b) of this subsection, that the contravention was due to the fact that the driver had for any particular period or periods driven or been on duty otherwise than in the employment of that person or, as the case may be, otherwise than in the employment in which he is subject to the orders of that person, and that the person charged was not, and could not reasonably have become, aware of that fact.
(11A) Where, in the case of a driver of a motor vehicle, there is ... a contravention , whether occurring in the United Kingdom, an EU member State or another contracting country, of any requirement of the applicable Community rules as to periods of driving, or distance driven, or periods on or off duty, then the offender and the offender’s employer, and any other person to whose orders the offender was subject, shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale
(11B) But a person shall not be liable to be convicted under subsection (11A) if—
(a) he proves the matters specified in paragraph (i) of subsection (11); or
(b) being charged as the offender’s employer or a person to whose orders the offender was subject, he proves the matters specified in paragraph (ii) of that subsection ; or
(c) being charged as mentioned in paragraph (b) in respect of a contravention of a provision of the Community Drivers' Hours Regulation, he proves—
(i) that at the time of the contravention he was complying with Article 10(1) (distance-related payments etc) and Article 10(2) (organisation of drivers’ work etc) of the Community Drivers’ Hours Regulation; and
(ii) that he took all reasonable steps to avoid the contravention; or
(d) being charged as mentioned in paragraph (b) in respect of a contravention of a provision of the AETR, 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.
(11C) A person who—
(a) is subject to the requirement imposed by Article 10(4) of the Community Drivers’ Hours Regulation or Article 11(5) of the AETR (undertakings etc to ensure that contractually agreed transport time schedules respect that provision); and
(b) fails to take all reasonable steps to comply with that requirement,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard
scale.
(11D) If a driver who is subject to the orders of more than one transport undertaking fails, without reasonable excuse, to provide each of them with sufficient information to enable them to avoid a contravention of Chapter 2 of the Community Drivers’ Hours Regulation, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(12) The Minister may by order—
(a) direct that subsection (1) of this section shall have effect with the substitution for the reference to ten hours of a reference to nine hours, either generally or with such exceptions as may be specified in the order;
(b) direct that paragraph (a) of subsection (3) of this section shall have effect with the substitution for the reference to eleven hours of a reference to any shorter period, or remove, modify or add to the provisions of that subsection containing exceptions to the said paragraph (a);
(c) remove, modify or add to any of the requirements of subsections (2), (4), (5) or (6) of this section or any of the exemptions provided for by subsections (7), (8) and (9) thereof;
and any order under this subsection may contain such transitional and supplementary provisions as the Minister thinks necessary or expedient, including provisions amending any definition in section 103 of this Act which is relevant to any of the provisions affected by the order.
(13) In this Part of this Act “the domestic driver’s hours code” means the provisions of subsections (1) to (6) of this section as for the time being in force (and, in particular, as modified, added to or substituted by or under any instrument in force under ... subsection (10) or (12) of this section).
(1) The Secretary of State may authorise a person to carry out tests (“field tests”) of—
(a) recording equipment that has not been type-approved as required by Article 11A of the EU Tachographs Regulation (granting of type-approval), or
(b) modifications or additions to recording equipment that has been so approved.
(2) An authorisation is to be in writing.
(3) The Secretary of State may withdraw an authorisation by giving written notice.
(4) An authorisation may contain conditions which may in particular relate to—
(a) the places where and equipment by means of which a field test is, or is to be, carried out;
(b) the procedure to be adopted in carrying out a field test;
(c) the records to be kept and the evidence to be furnished of the carrying out of a field test;
(d) the training of persons for carrying out field tests;
(e) the inspection by or on behalf of the Secretary of State of places where and equipment by means of which field tests are, or are to be, carried out;
(f) the display, at the places where field tests are carried out, of signs indicating that field tests are carried out there by persons approved by the Secretary of State.
(5) The Secretary of State must from time to time publish lists of the persons currently authorised under this section.
97 Installation and use of recording equipment : EU 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 EU Tachographs Regulation (including the relevant technical specifications) or the equivalent EU Regulation;
(ii) complies with the EU Tachographs Regulation (including the relevant technical specifications); and
(iii) is being used as provided by Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation , or
(b) in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the EU Tachographs Regulation or the equivalent EU Regulation;
and any person who contravenes this subsection shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1A) A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he 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 EU Tachographs Regulation.
(2) A person shall not be liable to be convicted under subsection (1) (a) of this section if he proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with ... the EU Tachographs Regulation was to be installed in the vehicle in accordance with that Regulation.
(3) A person shall not be liable to be convicted under subsection (1) (a) of this section by reason of the recording equipment installed in the vehicle in question not being in working order if he 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 37(2) of the EU Tachographs Regulation were being complied with.
(4) A person shall not be liable to be convicted under subsection (1) (a) of this section by reason of any seal on the recording equipment installed in the vehicle in question not being intact if he 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 27 to 29 and 32 to 37 of the EU Tachographs Regulation.
(4A) A person shall not be liable to be convicted under subsection (1)(a) of this section by reason of the driver card not being used with the recording equipment installed in the vehicle in question if he proves to the court that—
(a) the driver card was damaged, malfunctioning, lost or stolen;
(b) the requirements of Articles 29(2) to (5), 35 and 37(2) of the EU Tachographs Regulation were being complied with; and
(c) in all other respects the recording equipment was being used as provided by Articles 27 to 29 and 32 to 37 of that Regulation.
(4B) A person shall not be liable to be convicted under subsection (1) of this section by reason of using recording equipment which does not bear the relevant UK type-approval mark or the relevant EU type-approval mark (see Article 11A of the EU Tachographs Regulation) if he proves to the court that the use of the recording equipment was in the course of a field test authorised under section 96A.
(4C) 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 under that subsection in respect of that use,
the employer also commits an offence and shall be liable on summary conviction to a fine.
(4D) A person shall not be liable to be convicted under subsection (4C) in respect of the use of a vehicle if the requirements of Article 10(1) and (2) of the Community Drivers’ Hours Regulation (liability of transport undertakings) and Article 33(1) of the EU Tachographs Regulation (responsibility of transport undertakings) were complied with in relation to that use.
(5) For the purposes of this section recording equipment is used as provided by Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.
(6) This section applies at any time to any vehicles to which this Part of this Act applies if, at that time, Article 3 of the EU Tachographs Regulation 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 EU Tachographs Regulation) any expression which it is also used in that Regulation has the same meaning as in that Regulation.
(7) In this Part of this Act—
“Commission Implementing Regulation (EU) 2016/799” means Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 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, as amended from time to time;
“Council Regulation (EEC) No 3821/85” means Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport;
“the equivalent EU Regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport as it has effect in EU law, as amended from time to time;
“the EU Tachographs Regulation” means Regulation (EU) No. 165/2014 of the European Parliament and of the Council on tachographs in road transport , as amended from time to time, ...
“recording equipment” means equipment for recording information as to the use of a vehicle.
“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;
“the relevant technical specifications” means Annex II of Commission Implementing Regulation (EU) 2016/799, and—
in the case of a vehicle put into service for the first time before 1st May 2006—
Annex I of the EU Tachographs Regulation,
Annex IB of Council Regulation (EEC) No 3821/85 for as long as preserved and applied by Article 46 of the EU Tachographs Regulation, or
Annex 1C to Commission Implementing Regulation (EU) 2016/799;
in the case of a vehicle put into service for the first time on or after 1 May 2006 but before the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force—
Annex IB of Council Regulation (EEC) No 3821/85 for as long as preserved and applied by Article 46 of the EU Tachographs Regulation; or
Annex IC to Commission Implementing Regulation (EU) 2016/799; and
in the case of a vehicle put into service for the first time on or after the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force, Annex 1C to Commission Implementing Regulation (EU) 2016/799.
“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.
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 (as applied by Article 2(3) of the Community Drivers' Hours Regulation);
“the relevant Appendices” to the Annex to the AETR—
in the case of a vehicle put into service for the first time before 16th June 2010 means—
either Appendix 1 or Appendix 1B to that Annex; and
Appendix 2 to that Annex; and
in the case of a vehicle put into service for the first time on or after that date means—
Appendix 1B to that Annex; and
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—
in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—
issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation, or
issued under the equivalent EU Regulation;
in relation to recording equipment supplied as complying with the AETR, a type approval certificate—
issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, or
issued in another contracting country under the AETR;
“the equivalent EU Regulation” has the meaning given by section 97(7);
“relevant instrument”—
in relation to recording equipment supplied as complying with the EU Tachographs Regulation, means that Regulation;
in relation to recording equipment supplied as complying with the AETR, means the AETR;
“supplies” includes—
sells;
offers to sell or supply;
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.