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PART VIN.I.PROVISIONS RELATING TO APPLICABLE COMMUNITY RULES

Offences against applicable Community rulesN.I.

81.—[F1(1) Where, in the case of a driver of a motor vehicle, there is a contravention of any requirement of the applicable Community rules as to periods of driving, or distance driven, or periods on or off duty, then the offender, the offender's employer and any other person to whose orders the offender was subject shall be guilty of an offence under this Order.]

[F2(1A) A person shall not be liable to be convicted under paragraph (1) if being charged as the offender's employer, or a person to whose orders the offender was subject, [F3the person proves—

(a)in respect of a contravention of a provision of the Community Drivers’ Hours Regulation—

(i)that at the time of the contravention the person was complying with Article 10(1) (distance related payments etc.) and Article 10(2) (organisation of drivers’ work etc.) of the Community Drivers’ Hours Regulation; and

(ii)that the person took all reasonable steps to avoid the contravention; or

(b)in respect of a contravention of a provision of the AETR—

(i)that at the time of the contravention the person was complying with Article 11(1) to (3) of the AETR (organisation of drivers’ work, distance-related payments etc); and

(ii)that the person took all reasonable precautions to avoid the contravention.]

(1B) A person who—

(a)is subject to the requirement imposed by Article 10(4) of the Community Drivers' Hours Regulation [F4or Article 11(5) of the AETR] (undertakings etc. to ensure that contractually agreed transport time schedules respect [F5that provision] ); and

(b)fails to take all reasonable steps to comply with that requirement,

shall be guilty of an offence under this Order.]

[F6(1C) If a driver who is subject to the orders of more than one transport undertaking fails, without reasonable excuse, to provide each of them with sufficient information to enable them to avoid a contravention of Chapter 2 of the Community Drivers' Hours Regulation, he shall be guilty of an offence under this Order.]

(2) Any person who contravenes any requirement as to books, records or documents of the applicable Community rules shall be guilty of an offence under this Order.

(3) Any person who makes or causes to be made any entry in a book, record or document kept for the purposes of the applicable Community rules which he knows to be false or, with intent to deceive, alters or causes to be altered any such entry shall be guilty of an offence under this Order.