# The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 Draft 2019, ISBN 9780111188712 These Regulations amend the Transport Act 1968 and the Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453). Made under: Transport Act 1968 (Section 95, Section 101); European Communities Act 1972 (repealed) (Section 2, Schedule 2 paragraph 1A) PDFs: Printed copy https://openlegislation.uk/draft-passenger-and-goods-vehicles-tachographs-amendment-etc-regulations-2019/pdf/ukdsi_9780111188712_en.pdf; UK Draft Explanatory Memorandum https://openlegislation.uk/draft-passenger-and-goods-vehicles-tachographs-amendment-etc-regulations-2019/pdf/ukdsiem_9780111188712_en.pdf ## Introductory text Draft Regulations laid before Parliament under section 101(3A) of the Transport Act 1968 and paragraph 2(2) and 2A of Schedule 2 to the European Communities Act 1972 for approval by resolution of each House of Parliament. Road Traffic Made 2019 Coming into force in accordance with regulation 1 The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 95(1) and 101(2) of the Transport Act 1968 and section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972. The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles and the regulation and supervision of working conditions of persons engaged in road transport. These Regulations make provision for a purpose mentioned in section 2(2) of the European Communities Act 1972 and it appears to the Secretary of State that it is expedient for the reference to Commission Implementing Regulation (EU) 2016/799 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, to be construed as a reference to that instrument as amended from time to time. The Secretary of State has consulted with such representative organisations as he thought fit in accordance with section 101(6) of the Transport Act 1968. In accordance with section 101(3A) of the Transport Act 1968 and paragraph 2(2) and 2A of Schedule 2 to the European Communities Act 1972 a draft of these Regulations has been laid before and approved by a resolution of each House of Parliament. ## Part 1: Introduction ## 1 Citation, commencement and extent These Regulations may be cited as the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 and come into force on the day after the day on which they are made. ## 2 Citation, commencement and extent These Regulations extend to England and Wales and Scotland. ## Part 2: Amendment of primary legislation ## 3 Transport Act 1968 The Transport Act 1968 (as amended by regulations 4, 14 and 16 of the Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019) is amended as follows. ## 4 Transport Act 1968 (1) Section 97 is amended as follows. (2) In subsection (1)(a)— (a) in sub-paragraph (i), after “Regulation” insert “(including the relevant technical specifications)”; (b) in sub-paragraph (ii), for “that Regulation (including the relevant Annexes to it)” substitute “the EU Tachographs Regulation (including the relevant technical specifications)”; (c) in sub-paragraph (iii), for “that Regulation” substitute “the EU Tachographs Regulation”. (3) In subsection (7)— (a) before the definition of “the EU Tachographs Regulation” insert— ““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;”; (b) for the definition of “the relevant Annexes” substitute— ““the relevant technical specifications” means Annex II of Commission Implementing Regulation (EU) 2016/799, and— (a) in the case of a vehicle put into service for the first time before 1st May 2006— (i) Annex I of the EU Tachograph Regulation, (ii) 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 (iii) Annex 1C to Commission Implementing Regulation (EU) 2016/799; (b) in the case of a vehicle put into service for the first time on or after 1st May 2006 but before the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force— (i) 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 (ii) Annex IC to Commission Implementing Regulation (EU) 2016/799; and (c) 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.” ## 5 Transport Act 1968 In section 98(2A), in paragraph (a), for “Annexes” substitute “technical specifications”. ## 6 Transport Act 1968 For section 99ZA(7)(a), substitute— “(a) in relation to a vehicle to which section 97 applies— (i) where the vehicle was put into service for the first time before the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force— (aa) 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 (bb) Annex 1C to Commission Implementing Regulation (EU) 2016/799; and (ii) where the vehicle was 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;”. ## Part 3: Amendment of secondary legislation ## 7 The Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 The Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 are amended as follows. ## 8 The Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 In regulation 35— (a) for paragraph (2) substitute— “(2) In subsection (1)(a)(i), after “technical specifications)” insert “or the equivalent EU Regulation”.”; (b) omit paragraph (5)(d). ## 9 The Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 In regulation 37, omit sub-paragraph (a). ## 10 The Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 Omit regulation 38. ## Signature Signed by authority of the Secretary of State for Transport Name Minister of State Department for Transport Date ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Transport Act 1968 and the Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453). Commission Implementing Regulation (EU) No. 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 gives effect to new requirements in relation to the construction, testing, installation, operation and repair of smart tachographs. The amendments in these Regulations are necessary to ensure that effective enforcement action may be taken if the requirements in relation to smart tachographs are breached. Part 1 of the Regulations contains an introductory provision. Part 2 contains the amendments to the Transport Act 1968 that will enable the new provisions in relation to smart tachographs to be effectively enforced. Part 3 removes overlapping amendments to the Transport Act 1968 made by the Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 that are not yet in force and will no longer be needed from Exit day as a consequence. An impact assessment has not been produced for this instrument as no, or no significant, impact on the private and voluntary sector is foreseen. An Explanatory Memorandum is published alongside this instrument on www.legislaton.gov.uk. --- Source: https://www.legislation.gov.uk/ukdsi/2019/9780111188712 (the official version) Page: https://openlegislation.uk/draft-passenger-and-goods-vehicles-tachographs-amendment-etc-regulations-2019 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.