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4.—(1) Subject to paragraph (2), in relation to the operation of a road tanker to meet the circumstances—
(a)the Road Transport (Working Time) Regulations 2005(1) shall have effect as if in regulation 4(1), “66 hours” were substituted for “60 hours”; and
(b)time—
(i)which is spent driving a road tanker to meet the circumstances; and
(ii)which does not exceed 6 hours in a week
shall not be taken into account in calculating average working time for the purpose of regulation 4(2) of those Regulations.
(2) Paragraph (1) shall have effect in relation to the working time of a person driving a road tanker, only if, when complying with Council Regulation (EEC) No.3820/85 as given effect by regulation 3, his working time would exceed—
(a)the maximum weekly working time prescribed by regulation 4(1) of the Road Transport (Working Time) Regulations 2005; or
(b)the average weekly working time prescribed by regulation 4(2) of the Road Transport (Working Time) Regulations 2005.
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