2.—(1) Section 97 of the Transport Act 1968(1) (installation and use of recording equipment) shall be amended as follows.
(2) In subsection (1)–
(a)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;
(b)at the end of that paragraph there shall be inserted the following
“, or
(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;”;
(c)for the words “level 4” there shall be substituted the words “level 5”.
(3) After subsection (1) there shall be inserted the following subsection–
“(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.”.
(4) In subsections (2), (3) and (4), after the words “subsection (1)” there shall be inserted “(a)”.
Section 97 of the Transport Act 1968 (c. 73) was substituted by S.I. 1979/1746 and amended by S.I. 1984/144 and 1986/1457.