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The Community Drivers' Hours and Recording Equipment Regulations 1986

S.I. 1986/1457 · Made 22 August 1986

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ROAD TRAFFIC

Laid before Parliament in draft

Made 22nd August 1986

Coming into Operation 29th September 1986

The Secretary of State for Transport, being a Minister designated f1 for the purpose of section 2(2) of the European Communities Act 1972 in relation to the regulation and supervision of the working conditions of persons engaged in road transport and the regulation of the type, description, construction or equipment of vehicles, in exercise of the powers conferred by that section, hereby makes the following Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament pursuant to paragraph 2(2) of Schedule 2 to that Act:—

Annotations to the whole text

Footnotes

f1

S.I. 1975/1707 and 1972/1811

Contents

  1. 1Citation, commencement, interpretation and revocation
  2. 2Drivers' hours
  3. 3Recording equipment
  4. Signature
  5. Explanatory note

1Citation, commencement, interpretation and revocation

(1)

These Regulations may be cited as the Community Drivers' Hours and Recording Equipment Regulations 1986 and shall come into operation on 29th September 1986.

(2)

In these Regulations “the 1968 Act” means the Transport Act 1968f1

(3)

Regulation 5 of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 is hereby revoked.

2Drivers' hours

In section 96(11A) of the 1968 Act the words “or member of the crew” shall be omitted.

3Recording equipment

(1)

For the definition of “the Community Recording Equipment Regulation” in each of the provisions specified in paragraph (2) below there shall be substituted the following definition—

  • “ `the Community Recording Equipment Regulation' means Council Regulation (EEC) No. 3821/85 of 20th December 1985 on recording equipment in road transportf1 as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 ”.

(2)

The provisions referred to in paragraph (1) above are—

(a)

section 97(7) of the 1968 Act;

(b)

section 82 of the Road Traffic Act 1972 f2;

(c)

Regulation 1(3) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979; and

(d)

Regulation 3(3) of the Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations 1984.

(3)

Part VI of the 1968 Act shall be further amended as follows, that is to say—

(a)

in subsections (1)(c), (4)(c) and (5) of section 97 for the words “Articles 15 to 17” there shall be substituted the words “Articles 13 to 15”;

(b)

in subsection (3)(b) of that section for the words “Articles 18(2)” there shall be substituted the words “ Article 16(2)”;

(c)

in subsections (1) and (3) of section 97A for the words “crew member”, in each place where they occur, there shall be substituted the word “driver” ;

(d)

in subsection (2) of that section for the words “crew members” there shall be substituted the word “drivers” ;

(e)

in section 97B(2) for the words “crew member” there shall be substituted the word “driver” and for the words “Article 17(2) or (3) or 18(2)” there shall be substituted the words “Article 15(2) or (5) or 16(2) ”;

(f)

in section 99(1)(bb) for the words “ Article 16(2)” there shall be substituted the words “Article 14(2) ” and for the words “ Article 17(5)” there shall be substituted the words “Article 15(7) ”; and

(g)

in section 103, in the definition of “record sheet” for the words “Article 18(2)” there shall be substituted the words “Article 16(2)” .

(4)

In Regulation 4(1)(a) of the said Regulations of 1979 for the words “Article 14” there shall be substituted the words “ Article 12”.

Signature

Signed by authority of the Secretary of State

Peter Bottomley

Parliamentary Under Secretary of State

Department of Transport

22nd August 1986

Explanatory note

These Regulations modify the provisions of Part VI of the Transport Act 1968, the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 and the Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations 1984 to take account of the repeal and replacement by Council Regulation (EEC) No. 3820/85 of the 20th December 1985 on the harmonisation of certain social legislation relating to road transport and Council Regulation (EEC) No 3821/85 of 20th December 1985 on recording equipment in road transport of existing Community Regulations concerning the same matters.