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The Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations (Northern Ireland) 2007

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Driver cards

3.—(1) A person commits an offence—

(a)if, subject to paragraph (3), he uses, attempts to use or is in possession of, more than one driver card on which he is identified as the holder;

(b)if he uses or attempts to use a driver card on which he is not identified as the holder;

(c)if, with intent to deceive, he makes a false statement, or forges or alters a document for the purpose of obtaining a driver card;

(d)if he uses, or is in possession of, a driver card issued in consequence of an application which included, with the intent to deceive, a false statement or forged or altered document; or

(e)if he uses, or is in possession of, a driver card which has been forged or altered.

(2) A person commits an offence if he causes or permits—

(a)any use or possession of a driver card, or

(b)the making of any false statement or forgery or alteration of a document,

as specified in paragraph (1).

(3) It shall not be an offence—

(a)to hold a card which will become time-expired within one month and the card which has been issued by the Department in renewal of the former card; or

(b)to hold a card, which has become time-expired, in combination with another card.

(4) A person guilty of an offence under paragraph (1)(a) or (b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) A person guilty of an offence under paragraph (1)(c) is liable—

(a)on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.

(6) A person guilty of an offence under paragraph (1)(d) or (e) or paragraph (2) is liable—

(a)on summary conviction, to a fine not exceeding the statutory maximum; or

(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

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