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Regulation 12 Exemptions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where a driver does not during any working day drive any goods vehicle other than a vehicle the use of which is exempted from any requirement to have an operator’s licence or, in the case of a vehicle in the public service of the Crown, would be so exempted by virtue of section 60(2) of the Act, were it not such a vehicle, that driver and, if he is an employee-driver, his employer, shall be exempted for that period from the specified requirements.

(2)
(a)

Where in any working day a driver does not drive a goods vehicle for more than four hours and does not drive any such vehicle outside a radius of 50 kilometres from the operating centre of the vehicle, then he and, if he is an employee-driver, his employer shall be exempted for that period from the specified requirements.

(b)

For the purposes of computing the period of four hours mentioned in sub-paragraph (a) above no account shall be taken of any time spent in driving a vehicle elsewhere than on a road if the vehicle is being so driven in the course of operations of agriculture, forestry or quarrying or in the course of carrying out work in the construction, reconstruction, alteration or extension or maintenance of, or of a part of, a building, or of any other fixed works of construction of civil engineering (including works for the construction, improvement or maintenance of a road) and, for the purposes of this sub-paragraph, where the vehicle is being driven on, or on a part of, a road in the course of carrying out of any work for the improvement or maintenance of, or of that part of, that road, it shall be treated as being driven elsewhere than on a road.

(3)

Where during any working day a driver does not spend all or the greater part of the time when he is driving vehicles to which Part VI of the Act applies in driving goods vehicles, then he and, if he is an employee-driver, his employer shall be exempted for that working day from the specified requirements.

(4)

Where a vehicle is used in such circumstances that by virtue of regulation 5 of the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986f1 Council Regulation (EEC) No. 3821/85 of 20th December 1985 on recording equipment in road transportf2 applies to the vehicle, the driver of the vehicle and, if he is an employee-driver, his employer shall be exempted from the specified requirements in relation to the use of the vehicle in those circumstances.

(5)
(a)

In this regulation “the specified requirements” means the provisions of regulations 7 and 10.

(b)

In paragraph (2)(a) above “operating centre” has the same meaning as in section 92 of the Actf3.

Annotations

Footnotes

f1

S.I. 1986/1456.

f2

O.J. L370, 31.12.85, p.8.

f3

Section 92 was amended by section 52(1) of the Transport Act 1982 (c. 49).