The Passenger and Goods Vehicles (Recording Equipment) (Downloading of Data) (Amendment) Regulations (Northern Ireland) 2016

Statutory Rules of Northern Ireland

2016 No. 2

European Communities

Road Traffic And Vehicles

The Passenger and Goods Vehicles (Recording Equipment) (Downloading of Data) (Amendment) Regulations (Northern Ireland) 2016

Made

5th January 2016

Coming into operation

15th February 2016

The Department of the Environment makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972(1).

The Department of the Environment is designated(2) for the purposes of section 2(2) of the European Communities Act in relation to the regulation of the type, description, construction or equipment of vehicles and the regulation and supervision of the working conditions of persons engaged in road transport.

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Downloading of Data) (Amendment) Regulations (Northern Ireland) 2016 and shall come into operation on 15^th February 2016.

(2) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland)

2.—(1) The Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 are amended in accordance with paragraph (2).

(2) In the table set out in regulation 6B(3) (vehicle units: downloading data)(4) for “56 days”, in each place it occurs, substitute “90 days”.

Sealed with the Official Seal of the Department of the Environment on 5^th January 2016

Elizabeth Loughran

A senior officer of the

Department of the Environment

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996.

Article 10(5)(a)(i) of Regulation (EC) No 561/2006 (OJ No L 102, 11.4.2006, p.1) of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council regulation (EEC) No 3820/85 (“the 2006 Community Regulation”), requires transport undertakings that operate passenger service and goods vehicles fitted with EU compliant digital tachographs to download data from those tachographs at intervals stipulated by Member States.

Article 1 paragraph 3 sub-paragraph (a) of Commission Regulation (EU) No 581/2010 (OJ No L 168, 2.7.2010, p.16) of 1 July 2010 on the maximum periods for the downloading of relevant data from vehicle units and from driver cards provides that the maximum interval between data downloads from digital vehicle tachographs must not exceed 90 days.

Regulation 2 of these Regulations amends regulation 6B of the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 to provide that, where a transport undertaking is required by the 2006 Community Regulation to ensure that data is downloaded from a vehicle tachograph, the maximum interval between data downloads is increased from 56 days to 90 days.

An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department of the Environment, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online at http://www.legislation.gov.uk/nisr.

(1)

1972 C. 68; section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c.51)

(2)

S.I. 1972 No. 1811 and S.I. 1975 No. 1707

(3)

1954 c.33 (N.I.)

(4)

S.R. 1996 No. 145 as amended by S.R. 2010 No. 23