Section 97ZB Supply of recording equipment which is not type-approvedF1

A person commits an offence if the person supplies, as recording equipment which complies with the EU Tachographs Regulation or the AETR, recording equipment in respect of which no appropriate type-approval certificate is in force.

It is a defence to show that—

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Nothing in this section affects the validity of a contract or any rights arising under or in relation to a contract.

In this section—

• “appropriate type-approval certificate” means—

  1. (a)

     in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—

     1. (i)

        issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation, or

     2. (ii)

        F2issued under the equivalent EU Regulation;

  2. (b)

     in relation to recording equipment supplied as complying with the AETR, a type approval certificate—

     1. (i)

        issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, or

     2. (ii)

        issued in F3another contracting country under the AETR;

• F4“the equivalent EU Regulation” has the meaning given by section 97(7);

• “relevant instrument”—

  1. (a)

     in relation to recording equipment supplied as complying with the EU Tachographs Regulation, means that Regulation;

  2. (b)

     in relation to recording equipment supplied as complying with the AETR, means the AETR;

• “supplies” includes—

  1. (a)

     sells;

  2. (b)

     offers to sell or supply;

  3. (c)

     exposes for sale.