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

New provisions relating to tachograph cards

6.  After regulation 10 of the principal Regulations (disapplication of requirement to keep drivers' record books) there shall be inserted the following regulations—

“Driver card requirements

10A.— (1) The Department shall issue a driver card to a person who complies with the requirements in paragraph (2).

(2) The requirements are that the person—

(a) satisfies the Department that he is a driver subject to the provisions of—

(i) Commission Regulation (EEC) No 3820/85, and

(ii) the Community Recording Equipment Regulation;

(b) satisfies the Department that he is normally resident within Northern Ireland;

(c) makes an application for the card—

(i) not more than 90 days before he wishes it to come into force, and

(ii) in such form, and provides the Department with such documents and information in support of the application, as the Department may require;

(d) save in the circumstances described in paragraph (3), does not hold a driver card; and

(e) pays the fee prescribed in accordance with regulation 9.

(3) The circumstances referred to in paragraph (2)(d) are that the person—

(a) holds a driver card (“existing card”) issued by the Department which is in force; and

(b) has applied to renew it not later than 15 working days before the date of expiry of his existing card.

Renewal and exchange of driver card

10B.— (1) The holder of a driver card may apply to exchange his driver card if the requirements of this regulation are satisfied.

(2) The driver card must have been issued to the holder by the competent authority, other than the Department, of a Member State of the European Union.

(3) The holder shall comply with the requirements of regulation 10A (2)(a) to (c) and (e).

(4) That save for a card to be surrendered under paragraph (5) the holder does not hold a driver card.

(5) The holder shall surrender the driver card issued by the other competent authority to the Department.

Company cards

10C.— (1) The Department shall issue a company card to a person who complies with the requirements in paragraph (2).

(2) The requirements are that the person—

(a) is the owner or holder of a vehicle in which there is equipment for recording information as to the use of the vehicle which—

(i) has been installed in accordance with the Community Recording Equipment Regulation, and

(ii) complies with Annexes IB and II to that Regulation;

(b) either—

(i) if an individual is normally resident in Northern Ireland, or

(ii) if a company has a place of business in Northern Ireland;

(c) makes application for the card in such form and provides the Department with such documents and information in support of the application as the Department may require; and

(d) pays the fee prescribed in accordance with regulation 9.

Control card

10D.   A control card shall not be held by a person who is not a constable or a vehicle examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995(1).

Replacement cards

10E.   If the holder of a tachograph card—

(a) satisfies the Department that—

(i) the card is damaged, malfunctions, is lost or is stolen, and

(ii) the holder is entitled to continue to hold the card;

(b) surrenders the damaged or malfunctioning card to the Department;

(c) applies to the Department within seven days of such damage, malfunction, loss or theft;

(d) makes his application in such form, and provides the Department with such documents and information in support of the application, as the Department may require; and

(e) pays the fee prescribed in accordance with regulation 9 for the replacement of a card,

the Department shall issue a replacement card.”.

(1)

S.I. 1995/2994 (N.I. 18)