Section 97F Downloading data: requirement imposed by an officerF1
United Kingdom
This section applies where—
an officer has reason to believe that an offence under this Part of this Act or under the Traffic Acts has been committed in respect of the use of a vehicle, and
article 10(5) of the Community Drivers’ Hours Regulation F2or article 11(2)(b) of the Annex to the AETR applies to a transport undertaking in respect of the vehicle unit in the vehicle or a driver card issued to a person who has driven the vehicle.
The officer may, on production if so required of his authority, require the undertaking without delay—
to download data from the vehicle unit or driver card;
to permit him to inspect or copy the downloaded data.
In this section—
“download” is to be construed in accordance with the definition of “downloading” in F3Article 2(2)(n) of the EU Tachographs Regulation;
“the Traffic Acts” has the meaning given in section 192(1) of the Road Traffic Act 1988.
Annotations
Textual amendments
- F1
Ss. 97C-97H inserted (5.2.2008) by The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008 (S.I. 2008/198), regs. 1(1), 2
- F2
Words in s. 97F(1)(b) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 11
- F3
Words in s. 97F(3) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 7
Notes on Part VI
Modifications
- C1
Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3
- C2
Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)
- C3
Pt. VI modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 27