The Community Drivers’ Hours Offences (Enforcement) Regulations 2018

Amendment of the Transport Act 1968

2.—(1) The Transport Act 1968(1) is amended as follows.

(2) In section 96(11A)(2) (permitted driving time and periods of duty: offence), after “contravention”, insert “, whether occurring in the United Kingdom, another member State, or a contracting third country,”.

(3) In section 98(4)(3) (written records: offence), for the words from “Any person who” to “summary conviction”, substitute—

“(4) Any person who—

(a) contravenes any regulations made under this section, or

(b) contravenes, whether in the United Kingdom, another member State or a contracting third country, any requirement as to books, records or documents of the applicable Community rules,

shall be liable on summary conviction”.

(4) In section 103(1) (interpretation for Part 6), after the definition of “the Community Drivers’ Hours Regulation”, insert—

““contracting third country” means a country other than a member State which is a contracting party to—

(a)

the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970, as amended(4); or

(b)

the EEA agreement;”.

(1)

1968 c. 73.

(2)

Section 96(11A) was inserted by paragraph 9(2)(a) of Schedule 4 to the European Communities Act 1972 and amended by section 2(1)(c) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c. 3) and by S.I. 1986/1457 and 2007/1819.

(3)

Section 98(4) was amended by section 4 of, and paragraph 9(2) of Schedule 4 to, the European Communities Act 1972 and by section 2(1) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976.

(4)

Cmnd 7401. Details of the amendments to the Agreement are available from https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XI-B-21&chapter=11&clang=_en.