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[F197 Installation and use of recording equipment.E+W+S

[F2(1)No person shall use, or cause or permit to be used, a vehicle to which this section applies

[F3(a)unless there is in the vehicle recording equipment which—

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

(ii)complies with [F4the relevant Annexes] to that Regulation; and

(iii)is being used as provided by [F5Articles 13 to 15] of that Regulation;][F6, or]

[F6(b)in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the Community Recording Equipment Regulation;]

and any person who contravenes this subsection shall be liable on summary conviction to a fine not exceeding [F7level 5] on the standard scale.]

[F8(1A)A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the Community Recording Equipment Regulation.]

(2)A person shall not be liable to be convicted under subsection (1) [F9(a)] of this section if he proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with the requirements of [F10substitute “the relevant Annexes to] of the Community Recording Equipment Regulation was to be installed in the vehicle in accordance with that Regulation.

(3)A person shall not be liable to be convicted under subsection (1) [F9(a)] of this section by reason of the recording equipment installed in the vehicle in question not being in working order if he proves to the court that—

(a)it had not become reasonably practicable for the equipment to be repaired by an approved fitter or workshop; and

(b)the requirements of [F11Article 16(2)] of the Community Recording Equipment Regulation were being complied with.

(4)A person shall not be liable to be convicted under subsection (1) [F9(a)] of this section by reason of any seal on the recording equipment installed in the vehicle in question not being intact if he proves to the court that—

(a)the breaking or removal of the seal could not have been avoided;

(b)it had not become reasonably practicable for the seal to be replaced by an approved fitter or workshop; and

(c)in all other respects the equipment was being used as provided by [F12Articles 13 to 15] of the Community Recording Equipment Regulation.

[F13(4A)A person shall not be liable to be convicted under subsection (1)(a) of this section by reason of the driver card not being used with the recording equipment installed in the vehicle in question if he proves to the court that—

(a)the driver card was damaged, malfunctioning, lost or stolen;

(b)the requirements of Article 16(2) and, apart from the last paragraph thereof, Article 16(3) of the Community Recording Equipment Regulation were being complied with; and

(c)in all other respects the recording equipment was being used as provided by Articles 13 to 15 of that Regulation.]

(5)For the purposes of this section recording equipment is used as provided by [F12Articles 13 to 15] of the Community Recording Equipment Regulation if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

(6)This section applies at any time to any vehicles to which this Part of this Act applies if, at that time, Article 3 of the Community Recording Equipment Regulation requires recording equipment to be installed and used in that vehicle; and in this section and [F14sections 97B to 97G] of this Act any expression which it is also used in that Regulation has the same meaning as in that Regulation.

(7)In this Part of this Act—

  • [F15[F16“the Community Recording Equipment Regulation”means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport F17 as it has effect in accordance with—

    (a)

    Commission Regulation (EEC) No. 3314/90F18;

    (b)

    Commission Regulation (EEC) No. 3688/92F19; F20...

    (c)

    Commission Regulation (EC) No. 2479/95F21;

    (d)

    [F22Commission Regulation (EC) 1056/97;

    (e)

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

    (f)

    Commission Regulation (EC) 1360/2002;

    (g)

    Commission Regulation (EC) 1882/2003;

    (h)

    Commission Regulation (EC) 432/2004; and

    (i)

    any regulations adopted in accordance with the procedure laid down in Article 18 to 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 1986 F23;]

  • recording equipment” means equipment for recording information as to the use of a vehicle.]]

  • [F24“the relevant Annexes” to the Community Recording Equipment Regulation —

    (a)

    in the case of a vehicle put into service for the first time before 1st May 2006 means—

    (i)

    either Annex I or Annex IB to that Regulation; and

    (ii)

    Annex II to that Regulation; and

    (b)

    in the case of a vehicle put into service for the first time on or after that date means—

    (i)

    Annex IB to that Regulation; and

    (ii)

    Annex II to that Regulation.]

Textual Amendments

F1Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F2S. 97(1) substituted by S.I. 1984/144, reg. 2(1)

F3By S.I. 1989/2121, art. 2(2) it is provided that in s. 97(1) the words from “unless" to the end of paragraph (c) shall become paragraph(a), with paragraphs (a), (b) and (c) becoming sub-paragraphs “(i)", “(ii)" and “(iii)" of that paragraph

F5Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F6S. 97(1)(b) and word “or" preceding it inserted by S.I. 1989/2121, art. 2(2)

F7Words substituted by S.I. 1989/2121, art. 2(2)

F8S. 97(1A) inserted by S.I. 1989/2121, art. 2(3)

F9 “(a)" inserted by S.I. 1989/2121, art. 2(4)

F11Words substituted by S.I. 1986/1457, reg. 3(3)(b)

F12Words substituted by S.I. 1986/1457, reg. 3(3)(a)

F15Definition substituted by S.I. 1986/1457, reg. 3(1)(2)(a)

F16S. 97(7) substituted (25.4.1996) by S.I. 1996/941, art. 3(1)(2)(a)

F17O.J. No. L370, 31.12.85, p.8.

F18O.J. No. L318, 17.11.90, p.20.

F19O.J. No. L374, 22.12.92, p.12.

F21O.J. No. L256, 26.10.95, p.8.

F23S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.

Modifications etc. (not altering text)

C1S. 97 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7); S.I. 1994/2850, art. 3(a), Sch. 2

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