The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 in Northern Ireland
S.I. 2019/453 · Made 4 March 2019 · Extends to United Kingdom
Up to date with all changes known to legislation.gov.uk, revised to 31 December 2020.
Exiting The European Union
Road Traffic
Made 4th March 2019
Coming into force in accordance with regulations 1(2) and (3)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1, and section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 M2.
The Secretary of State for Transport is a Minister designated for the purpose of section 2(2) of the European Communities Act 1972 in relation to the regulation of the type, description, construction or equipment of vehicles M3 and the regulation and supervision of working conditions of persons engaged in road transport M4.
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 Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport to be construed as a reference to that instrument as amended from time to time.
In accordance with paragraph 2(2) of Schedule 2 to the European Communities Act 1972 and paragraph 1(1) of Schedule 7 to the European Union (Withdrawal) Act 2018, a draft of these Regulations has been laid before Parliament and has been approved by a resolution of each House of Parliament.
In the Motor Vehicles (Designation of Approval Marks) Regulations 1979 M1, the table in Schedule 4 is amended as follows.
(2)
In item 3—
(a)
in column 3, for “Road transport recording equipment and the model record sheet” substitute “ Vehicle unit, motion sensor, model record sheet and tachograph card ”;
(b)
in column 4, for “The road transport recording equipment and the model record sheet” substitute “ The vehicle unit, motion sensor, model record sheet and tachograph card ”;
(c)
in column 5, for “Council Regulation (EEC) No. 1463/70 of 20th July 1970” substitute “ Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4th February 2014 ”;
(d)
in column 6, for “OJ L164, 27.7.70, p 1” substitute “ OJ L60, 28.2.2014, p 1 ”.
(3)
After item 3 insert—
“
3A
Control device, distance and speed sensor, model record sheet and memory card.
The control device, distance and speed sensor, model record sheet and memory card.
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15th March 2006, so far it applies the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (see Article 2(3) of that Regulation)
The Motor Vehicles (Type Approval) Regulations 1980 M1 are amended as follows.
(2)
In regulation 3(1)—
(a)
in the definition of “component”—
(i)
for “section 63(4) of the Road Traffic Act 1972” substitute “ section 80(4) of the Road Traffic Act 1988 ”;
(ii)
for “Council Directive 78/315/EEC of 21st December 1977” substitute “ Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 M2 ”;
(b)
in the definition of “road”, for “section 196(1) of the Road Traffic Act 1972” substitute “ section 192(1) of the Road Traffic Act 1988 ”;
(c)
omit the definition of “the Community Directives”;
(d)
in the definition of “the Community Regulations”—
(i)
omit “Council”;
(ii)
omit the words from “concerning” to the end;
(e)
in the definition of “the relevant approval mark”, for “section 63 of the Road Traffic Act 1972” substitute “ section 80(1) of the Road Traffic Act 1988 ”;
(f)
in the definition of “the type approval requirements” omit “Community Directives or”.
(3)
In regulation 6(1), after “such other documents” insert “ or things ”.
(4)
After regulation 12 insert—
“Recording equipment which breaches the type approval requirements or displays a general defect
12A
(1)
The Secretary of State must, by notice under Regulation 13, cancel a type-approval certificate relating to a relevant component of recording equipment if satisfied that the component—
(a)
is not in conformity with the type-approval requirements, or
(b)
displays a general defect during use which makes it unsuitable for the purpose for which it is intended.
(2)
For the purposes of this regulation, each of the following is a relevant component of recording equipment—
(a)
the component referred to as a vehicle unit or control device;
(b)
the component referred to as a motion sensor or distance and speed sensor;
(c)
the component referred to as a model record sheet;
(d)
the component referred to as a tachograph card or memory card.”.
(5)
In regulation 16(1) omit “Community Directives or the”.
(6)
For Schedule 2, Part 2 substitute—
“Part II
The Community Regulations
1
Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85M3 so far as it applies the Annex to the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (which contains requirements corresponding to those contained in Regulation (EU) No 165/2014). See Article 2(3) of Regulation (EC) No 561/2006.
2
Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council on the harmonisation of certain social legislation relating to transport M4.”
The Motor Vehicles (Type Approval) Regulations 1980 (as amended by regulation 23 of these Regulations) are amended as follows.
(2)
In regulation 3(1)—
(a)
omit the definition of “Member State”;
(b)
for the definition of “the relevant approval mark” substitute—
““the relevant approval mark”, in relation to the marking of a component of a vehicle, means a marking which is—
(a)
designated as an approval mark applicable to such a component pursuant to section 80(1) of the Road Traffic Act 1988, or
(b)
an approval mark applicable to such a component under regulations under Article 14 of Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport M1, as it has effect in EU law, as amended from time to time;”;
(c)
omit the words after the definition of “vehicle component” (which interpret references to the competent authority of a Member State other than the United Kingdom).
(3)
Omit the following—
(a)
in regulation 5(3), the words from “and, within one month” to the end;
Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport is amended as follows.
In Article 3(i), for the words from “which have a historic” to the end substitute—
“which are used for the non-commercial carriage of passengers or goods and which have a historic status according to:
— in relation to England and Wales and Scotland, regulation 3 of the Community Drivers' Hours and Recording Equipment Regulations 2007;
— in relation to Northern Ireland, regulation 4 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009 M1 in Northern Ireland.”.
in point (e), for “Article 3(a) of Directive 2002/15/EC” substitute “ regulation 2 of the Road Transport (Working Time) Regulations 2005 in England and Wales and Scotland, or in regulation 2(2) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005 M1 in Northern Ireland ”;
(b)
in point (j)—
(i)
in the first indent, for the words from “Annex I” to the end substitute “ Article 2(2)(a) of Regulation (EU) No 165/2014 ”;
(ii)
in the second indent, for the words from “Article 16(2)” to the end substitute “ Article 37(2) of Regulation (EU) No 165/2014 ”;
(c)
in point (n), for the words after “international services” substitute “ which provide for the carriage of passengers at specified intervals along specified routes, passengers being picked up and set down at predetermined stopping points ”.
In paragraph 2, for the words from “result” to the end substitute—
“(a)
in relation to England and Wales and Scotland, result in the maximum weekly working time laid down in the Road Transport (Working Time) Regulations 2005 being exceeded;
(b)
in relation to Northern Ireland, result in the maximum weekly working time laid down in the Road Transport (Working Time) Regulations (Northern Ireland) 2005 being exceeded”.
(3)
In paragraph 4, for “on the territory of the Community or of a third country” substitute “ , whether within or outside the United Kingdom ”.
(4)
In paragraph 5, omit “, as defined in Article 15(3)(c) of Regulation (EEC) No 3821/85,”.
(5)
After paragraph 5 insert—
“
6
In paragraph 5, “periods of availability” is to be read in accordance with—
(a)
in relation to England and Wales and Scotland, the definition of “period of availability” in regulation 2 of the Road Transport (Working Time) Regulations 2005;
(b)
in relation to Northern Ireland, the definition of “period of availability” in regulation 2(2) of the Road Transport (Working Time) Regulations (Northern Ireland) 2005.”
In paragraph 2, for “Regulation (EEC) No 3821/85” substitute “ Regulation (EU) No 165/2014 ”.
(3)
Omit paragraph 3.
(4)
In paragraph 5(a)—
(a)
in the words before point (i), for “Regulation (EEC) No 3821/85” substitute “ Regulation (EU) No 165/2014 ”;
(b)
in point (i), for the words from “as regularly” to the end substitute “ in accordance with sections 97D and 97E of the Transport Act 1968 or regulations 6B and 6C of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 M1 (as applicable) ”.
(5)
In paragraph 5(b), for the words from “shall” to the end substitute “ means copied, together with the digital signature, from a part, or from a complete set, of data files recorded in the data memory of the vehicle unit or in the memory of a tachograph card, provided that this process does not alter or delete any stored data ”.
for “evidence provided by a Member State” substitute “ documentation provided by an enforcement officer or a court ”;
(ii)
for “pursuant to this Regulation” substitute “ by virtue of this Regulation read with Part 6 of the Transport Act 1968 or Part 6 of the Road Traffic (Northern Ireland) Order 1981 M1 ”;
(b)
after paragraph 3 insert—
“
4
In this Article “enforcement officer” means—
(a)
an examiner appointed under section 66A of the Road Traffic Act 1988 or Article 74 of the Road Traffic (Northern Ireland) Order 1995 M2,
(b)
a person authorised for the purposes of Part 6 of the Transport Act 1968 by a traffic commissioner, or
make consequential, supplementary, incidental, transitional, transitory or saving provision;
(b)
make different provision for different purposes.
2
Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.
3
A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
4
Regulations made by the Department of Infrastructure in Northern Ireland under this Regulation are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 M1.
5
Regulations made by the Department of Infrastructure in Northern Ireland under this Regulation are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954 M2).”.
Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport is amended as follows.
in point (f), for “authorities of a Member State” substitute “ Secretary of State ”;
(b)
in point (i), for “authorities of a Member State” substitute “ Secretary of State ”;
(c)
in point (j), for “authorities of a Member State” substitute “ Secretary of State ”;
(d)
in point (k)—
(i)
for “authorities of a Member State” substitute “ Secretary of State ”;
(ii)
for “that Member State” substitute “ the Secretary of State ”;
(e)
in point (u), omit the words from “, by a Member State” to “Article 13,”;
(f)
after point (z) insert—
“(z1)
“control officer” means—
(i)
an examiner appointed under section 66A of the Road Traffic Act 1988 or Article 74 of the Road Traffic (Northern Ireland) Order 1995,
(ii)
a person authorised for the purposes of Part 6 of the Transport Act 1968 by a traffic commissioner, or
(iii)
a police constable;
(z2)
“equivalent EU regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport M1, as it has effect in EU law, as amended from time to time.”.
In paragraph 1 omit “registered in a Member State”.
(3)
For paragraphs 2 to 5 substitute—
“
2
This Regulation is subject to—
(a)
regulation 4 of the Community Drivers' Hours and Recording Equipment Regulations 2007;
(b)
regulation 5 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009;
(c)
any provision made under paragraph 3.
3
The appropriate authority may by regulations except from the application of this Regulation vehicles used for transport operations which are being (or have been) granted an exception by regulations under Article 14(1) of Regulation (EC) No 561/2006. An exception granted under regulations under this Article ceases to have effect when the exception granted under regulations under Article 14(1) of Regulation (EC) No 561/2006 ceases to have effect (unless the regulations under this Article cease to have effect first).
In an urgent case the appropriate authority may grant a temporary exception in respect of vehicles which are being (or have been) granted an exception under Article 14(2) of Regulation (EC) No 561/2006 by publishing a notice specifying—
(a)
the transport operations and circumstances to which the exception relates, and
(b)
the period for which the exception has effect, which may not exceed 30 days.
4
In this Article “the appropriate authority” means—
(a)
in relation to transport operations carried out in England, Wales or Scotland, the Secretary of State;
(b)
in relation to transport operations carried out in Northern Ireland, the Department for Infrastructure in Northern Ireland.”.
in the first sentence, for “Member States shall equip their control authorities” substitute “ the Secretary of State must ensure that control authorities are equipped ”;
(b)
omit the second sentence.
(3)
In paragraph (8), for the words from “the risk” to the end substitute “ a risk rating system based on the relative number and severity of infringements of Regulation (EC) 561/2006 of the European Parliament and of the Council that an individual undertaking has committed ”.
A vehicle unit, motion sensor, model record sheet or tachograph card shall, where installed or used in a vehicle to which Article 3 applies, be of a type approved in accordance with—
(a)
this Chapter and the Motor Vehicles (Type Approval) Regulations 1980 (“the 1980 Regulations”), or
(b)
Chapter 3 of the equivalent EU Regulation.
2
In this Chapter a reference to “UK type-approval” is a reference to type-approval in accordance with this Chapter and the 1980 Regulations, and related expressions are to be read accordingly.
Article 12
Applications for UK type-approval: certificates
1
An application for UK type-approval shall be made to the Secretary of State.
2
The application shall be made in accordance with regulation 6 of the 1980 Regulations.
3
The form of the document issued by the Secretary of State for the purposes of such an application (in accordance with paragraph (iii) of the definition of “information document” in regulation 3(1) of the 1980 Regulations) shall require the application to be accompanied by—
(a)
a security certificate;
(b)
a functionality certificate;
(c)
an interoperability certificate;
(d)
in the case of an application relating to a vehicle unit, information about the seals.
4
A security certificate shall be issued by a person appointed by the Secretary of State (which may be a person outside the United Kingdom).
5
A functionality certificate shall be issued by the Secretary of State.
6
An interoperability certificate shall be issued by a person appointed by the Secretary of State (which may be a person outside the United Kingdom).
7
In respect of tachographs, their relevant components, and tachograph cards:
(a)
the security certificate shall certify the following for the vehicle unit, tachograph cards, motion sensor, and connection to the satellite navigation system receiver when the satellite navigation system is not embedded in the vehicle units:
(i)
compliance with security targets;
(ii)
fulfilment of the following security functions: identification and authentication, authorisation, confidentiality, accountability, integrity, audit, accuracy and reliability of service;
(b)
the functional certificate shall certify that the tested item fulfils the appropriate requirements in terms of functions performed, environmental characteristics, electromagnetic compatibility characteristics, compliance with physical requirements and compliance with other applicable standards;
(c)
the interoperability certificate shall certify that the tested item is fully interoperable with the necessary tachographs or tachograph card models.
8
The Secretary of State shall give notice to manufacturers as provided for in regulation 10(1)(c) of the 1980 Regulations to ensure that a manufacturer is required to give notice under that regulation of any alterations in software or hardware of a tachograph or in the nature of materials used for its manufacture.
9
Where notice of alterations is given to the Secretary of State under regulation 10 of the 1980 Regulations, the Secretary of State may require an update or a confirmation of the relevant functional, security or interoperability certificates, before confirming to the manufacturer the extension of the type-approval or taking action under regulation 11 of those Regulations.
Article 17
Approval of record sheets
1
For the purposes of an application for UK type-approval of a model record sheet, the form of information document issued by the Secretary of State (as mentioned in Article 12(3)) shall require that—
(a)
an applicant for UK type-approval of a model record sheet states on the application form the type or types of analogue tachograph on which the record sheet in question is designed to be used, and
(b)
suitable equipment of such type or types is required in connection with the application for type-approval, for the purpose of testing the record sheet.
2
The Secretary of State shall indicate on the approval certificate for the model record sheet the type or types of analogue tachograph on which that model record sheet may be used.
Article 20
Security
1
Manufacturers shall design, test and review vehicle units, motion sensors and tachograph cards put into production so as to detect vulnerabilities arising in all phases of the product life-cycle, and shall prevent or mitigate their possible exploitation. The frequency of tests shall be at least every two years.
2
Manufacturers shall submit the documentation necessary for vulnerability analysis to the person who, under Article 12, is responsible for issuing security certificates.
3
If, in the course of the tests referred to in paragraph 1, vulnerabilities in system elements (vehicle units, motion sensors and tachograph cards) are detected, no security certificate is to be issued and, accordingly, no type-approval application is to be considered (see Article 12(3)). If vulnerabilities are detected in the course of the tests referred to in paragraph 1 for elements already on the market, the manufacturer shall inform the Secretary of State. The Secretary of State shall take all measures necessary to ensure that the problem is addressed, in particular by the manufacturer (including, where necessary, the withdrawal of type-approval).
Article 21
Field tests
Drivers and transport undertakings participating in a field test authorised under section 96A of the Transport Act 1968 or regulation 2A of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 shall comply with the requirements of Regulation (EC) No 561/2006. In order to demonstrate such compliance, drivers shall follow the procedure set out in Article 35(2) of this Regulation.”.
for “the competent authorities of the Member States” substitute “ by the Secretary of State ”;
(ii)
at the end insert “ (but see Article 25A) ”;
(b)
in paragraph 2 omit “referred to in Article 15”;
(c)
in paragraph 3, omit the second and third sentences;
(d)
in paragraph 5, in the second indent, for the last sentence substitute “ The Secretary of State may by regulations make provision about the form of the written statement ”.
Recognition of EU approved fitters, workshops and vehicle manufacturers
1
Fitters, workshops and vehicle manufacturers which are approved by an EU member State in accordance with Article 24 of the equivalent EU Regulation (“EU approved fitters, workshops and vehicle manufacturers”) shall be treated for the purposes of this Regulation as if they were approved by the Secretary of State in accordance with Article 24 of this Regulation.
2
The Secretary of State is not required by Article 24(1) of this Regulation to control or certify EU approved fitters, workshops and vehicle manufacturers and the following provisions of this Regulation do not apply in relation to EU approved fitters, workshops and vehicle manufacturers—
for the first sentence substitute “ A driver card is to be issued by the Secretary of State on request to a person whose normal residence is in the United Kingdom. ”;
(b)
in the second sentence—
(i)
for “They shall” substitute “ A driver card is to ”;
(ii)
for “competent authority” substitute “ Secretary of State ”.
(3)
In paragraph 2, in the second subparagraph—
(a)
omit “situated in two or more Member States”;
(b)
for “Member State” substitute “ place ”.
(4)
In paragraph 3—
(a)
in the first sentence, for “identity card” substitute “ passport ”;
(b)
in the second sentence—
(i)
for “competent authorities of the Member State issuing the driver card have” substitute “ Secretary of State has ”;
(ii)
for “they” substitute “ the Secretary of State ”.
(5)
In paragraph 4—
(a)
in the first subparagraph—
(i)
for “Member States” substitute “ the Secretary of State ”;
(ii)
for “a Member State” substitute “ the United Kingdom ”;
(iii)
for “issuing Member State” substitute “ United Kingdom ”;
(b)
omit the second subparagraph.
(6)
In paragraph 5, for “competent authorities of the issuing Member State” substitute “ Secretary of State ”.
(7)
In paragraph 7—
(a)
in the first sentence, for “competent authorities of a Member State find” substitute “ Secretary of State finds ”;
(b)
omit the second and third sentences.
(8)
In paragraph 8, for “Member States” substitute “ The Secretary of State ”.
make consequential, supplementary, incidental, transitional, transitory or saving provision;
(b)
make different provision for different purposes.
2
Regulations made by the Secretary of State under this Regulation are to be made by statutory instrument.
3
A statutory instrument containing regulations made by the Secretary of State under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
4
Regulations made by the Department of Infrastructure in Northern Ireland under this Regulation are to be made by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979.
5
Regulations made by the Department of Infrastructure in Northern Ireland under this Regulation are subject to negative resolution (within the meaning of section 41(6) of the Interpretation Act (Northern Ireland) 1954).”.
Requirements for construction, testing, installation and inspection of analogue tachographs
1
In this Annex—
“AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970;
“enactment” includes—
(a)
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 M1;
(b)
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
2
Appendix 1 to the Annex to the AETR (which makes provision corresponding to Annex I to the equivalent EU regulation) applies for the purposes of this Regulation.
3
References in any enactment to Annex I to this Regulation are to be read as references to Appendix 1 to the Annex to the AETR as applied by paragraph 2.
ANNEX IB
Requirements for construction, testing, installation and inspection of digital tachographs
1
In this Annex—
“AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970;
“enactment” includes—
(a)
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 M2;
(b)
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
2
Appendix 1B to the Annex to the AETR (which is an adaptation of Annex IB to Regulation (EEC) No 3821/85, as it has effect in EU law) applies for the purposes of this Regulation.
3
References in any enactment to Annex IB to this Regulation are to be read as references to Appendix 1B to the Annex to the AETR (including the provisions adapted by it) as applied by paragraph 2.
ANNEX II
Approval mark and certificate
1
In this Annex—
“AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970;
“enactment” includes—
(a)
an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978 M3;
(b)
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
2
Appendix 2 to the Annex to the AETR (which makes provision corresponding to Annex II to the equivalent EU Regulation) applies for the purposes of this Regulation.
3
References in any enactment to Annex II to this Regulation are to be read as references to Appendix 2 to the Annex to the AETR as applied by paragraph 2.”.
Commission Implementing Regulation (EU) No 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, is amended as follows.
In paragraph 1, in the words before paragraph (a), omit “uniform”.
(3)
In paragraph 3, for “Council Regulation (EEC) No 3821/85” substitute “ Regulation (EU) No 165/2014 ”.
(4)
In paragraph 4—
(a)
omit “Pursuant to Article 10d of Directive 96/53/EC,”;
(b)
for “an internal on-board weighing system” substitute “ any internal on-board weighing system installed to aid the enforcement of requirements as to the maximum authorised weight of vehicles ”.
In paragraph 1, for “without delay the type-approval authorities that granted the original type-approval,” substitute “ the Secretary of State without delay ”.
(b)
In paragraph 2—
(i)
in the first sentence, for “type-approval authorities” substitute “ Secretary of State ”;
(ii)
for “type-approval authority”, in each place it occurs, substitute “ Secretary of State ”.
Commission Implementing Regulation (EU) No 2016/68 on common procedures and specifications necessary for the interconnection of electronic registers of driver cards is revoked.
These Regulations make provision under section 2(2) of the European Communities Act 1972 implementing the EU Drivers' Hours Regulation (Regulation (EC) No 561/2006) and the EU Tachographs Regulation (Regulation (EU) No 165/2014). Article 2(3) of the EU Drivers' Hours Regulation applies the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (known as the “AETR”) in EU member States, requiring the implementation of the AETR in those States. The provision under section 2(2) includes provision implementing the AETR.
The Regulations also make provision in exercise of the powers in section 8(1) of, and Schedule 7, paragraph 21(b) to, the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) in order to address failures of retained EU law relating to drivers' hours and tachographs to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c) and (g), (3)(a), (5) and (6)) arising from the withdrawal of the United Kingdom from the European Union.
Part 1 of the Regulations contains introductory provision. Part 2 contains the amendments made under section 2(2) of the European Communities Act 1972, which update pre-existing references to the two EU Regulations and the AETR, and include references to the EU Tachographs Regulation as amended from time to time and the AETR. The amendments in this Part also implement penalties relating to requirements on testing for security vulnerabilities and penalties relating to the prohibition of the supply of recording equipment without a type approval certificate; and provide for offences and penalties for failure to comply with requirements under AETR, in particular failing to properly install and use recording equipment; supplying recording equipment without a valid type approval certificate; and failing to notify authorities of security vulnerabilities. Chapter 1 of Part 2 amends primary legislation and Chapter 2 of Part 2 amends secondary legislation. Part 3 contains amendments under the 2018 Act to correct deficiencies in existing domestic legislation and EU retained law resulting from the withdrawal of the United Kingdom from the European Union. Chapter 1 of Part 3 amends primary legislation. Chapter 2 of Part 3 amends secondary legislation and Chapter 3 of Part 3 amends retained direct EU legislation.
An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.
