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The Passenger and Goods Vehicles (Recording Equipment) (Amendment No. 2) Regulations (Northern Ireland) 2005

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Amendment to regulation 2 (interpretation)

4.—(1) Regulation 2 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).

(2) In paragraph (1)—

(a)there shall be inserted the following definitions in the appropriate places—

“company card”, “control card”, and “driver card” have the meanings given by Annex 1B to the Community Recording Equipment Regulation;

“competent authority” has the same meaning as in the Community Recording Equipment Regulations;

“tachograph card” means a company card, control card, driver card or workshop card;

“working day” means a day other than a Saturday, Sunday, or public holiday.; and

(b)for the definition of “the Community Recording Equipment Regulation”, there shall be substituted the following definition—

“the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport(1) as it has effect in accordance with—

(a)

Commission Regulation (EEC) No. 3314/90(2);

(b)

Commission Regulation (EEC) No. 3688/92(3);

(c)

Commission Regulation (EC) 2479/95(4);

(d)

Commission Regulation (EC) 1056/97(5);

(e)

Article 1 of Commission Regulation (EC) 2135/98(6);

(f)

Commission Regulation (EC) 1360/2002(7);

(g)

Commission Regulation (EC) 1882/2003(8);

(h)

Commission Regulation (EC) 432/2004(9); and

(i)

any regulations adopted in accordance with the procedure laid down in Article 18 of the Community Recording Equipment Regulation making amendments necessary to adapt the Annexes to that Regulation to technical progress;

and as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 1987(10);.

(3) After paragraph (2) there shall be inserted the following paragraph—

(3) Where any question arises as to whether a person is normally resident in Northern Ireland he shall be deemed to be normally resident there if he shows that he will have lived there for no fewer than 185 days during the period of 12 months ending on the day on which the tachograph card is to be issued..

(1)

O.J. No. L370, 31.12.85, p. 8

(2)

O.J. No. L318, 17.11.90, p. 20

(3)

O.J. No. L374, 22.12.90, p. 12

(4)

O.J. No. L256, 26.10.95, p. 8.

(5)

O.J. No. L154, 12.06.97, p. 21.

(6)

O.J. No. L274, 09.10.98, p. 1.

(7)

O.J. No. L207, 05.08.02, p. 1.

(8)

O.J. No. L284, 31.10.03, p. 1.

(9)

O.J. No. L071, 10.03.04, p. 3.

(10)

S.R. 1987 No. 218; relevant amending regulations are S.R. 1988 No. 297

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