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The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1988

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Statutory Instruments

1988 No. 760

ROAD TRAFFIC

The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1988

Made

21st April 1988

Laid before Parliament

29th April 1988

Coming into force

20th May 1988

The Secretary of State for Transport, being a Minister designated(1)for the purpose of section 2(2) of the European Communities Act 1972(2) in relation to the regulation and supervision of the working conditions of persons engaged in road transport and the regulation of the type, description, construction or equipment of vehicles, in exercise of the powers conferred by that section, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) (Amendment) Regulations 1988 and shall come into force on 20th May 1988.

2.  The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 as amended(3)shall be further amended by adding in Part II of the Schedule to those Regulations, after paragraph 14, the following paragraph:—

15.(1) Any vehicle which is by virtue of its construction and equipment suitable for carrying passengers and which on the occasion on which it is being driven—

(a)is a vintage vehicle;

(b)is not carrying more than 9 persons including the driver;

(c)is not used for carrying passengers with a view to profit; and

(d)is being driven—

(i)in a vintage vehicle rally or to or from such a rally, or

(ii)to or from a museum, or other place where the vehicle is to be or has been displayed to members of the public, or

(iii)to or from a place where the vehicle is to be or has been repaired, maintained or tested.

(2) For the purposes of this paragraph:—

(a)a vehicle is a vintage vehicle on any occasion on which it is being driven if it was manufactured more than 25 years before that occasion; and

(b)“vintage vehicle rally” means an event in which a collection of historic vehicles are driven on a road open to the public along a pre-determined route..

Signed by authority of the Secretary of State

David Mitchell

Minister of State,

Department of Transport

21st April 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986 by providing for an additional exemption from the provisions (except Article 5) of Council Regulation (EEC) No. 3820/85 of 20th December 1985 (O.J. No. L370, 31.12.85, p.1) on the harmonisation of certain social legislation relating to road transport (“the Community Drivers' Hours Regulation”) and from the provisions of Council Regulation (EEC) No. 3821/85 of 20th December 1985 on recording equipment in road transport (“The Community Recording Equipment Regulation”).

The additional exemption relates to the use of “vintage vehicles” in Specified circumstances, and is granted after authorisation by the Commission of the European Communities under the provisions of Article 13(2) of the Community Drivers' Hours Regulation and Article 3(3) of the Community Recording Equipment Regulation.

(1)

S.I. 1975/1707 and 1972/1811

(3)

S.I. 1986/1456; the relevant amending instrument is S.I. 1987/805

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