# The Self-Propelled Industrial Trucks (EEC Requirements) Regulations 1988, Regulation 10: Offences


(1) Subject to the following provisions of this regulation, any person who without reasonable excuse contravenes or fails to comply with any of the provisions of regulation 3(1), or issues a certificate of conformity under regulation 7 in respect of a truck which does not conform with the requirements of the Special Directive, shall be guilty of an offence, and liable on summary conviction to a fine not exceeding £2000.
(2) Where the commission by any person of an offence under regulation 3(1) or 7 is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.
(3) In any proceedings against a person for an offence under any of the relevant statutory provisions (as defined in section 53(1) of the Health and Safety at Work etc. Act 1974 (“the Act”)) having effect on the date on which these Regulations are made which impose specific requirements in respect of any matter to which these Regulations apply it shall be a defence for that person to show that the requirements of these Regulations were satisfied in relation to that matter.
(4) Where pursuant to section 24 of the Act a person appeals to an industrial tribunal against a notice, as defined in that section, which has been served on him in relation to a truck the industrial tribunal shall on such an appeal cancel that notice if the person on whom it was served can show that the requirements of these Regulations were satisfied in relation to the matters contained in that notice.

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Source: https://www.legislation.gov.uk/uksi/1988/1736/regulation/10 (the official version)
Page: https://openlegislation.uk/self-propelled-industrial-trucks-eec-requirements-regulations-1988/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.