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7. In section 96—
(a)in subsection (11A)—
(i)omit the words “in Great Britain”;
(ii)for the words from “any other person” to “the contravention” substitute “the offender’s employer, and any other person to whose orders the offender was subject,”;
(b)in subsection (11B), after paragraph (b) insert—
“; or
(c)being charged as mentioned in paragraph (b), he proves—
(i)that at the time of the contravention he was complying with Article 10(1) (distance-related payments etc) and Article 10(2) (organisation of drivers’ work etc) of the Community Drivers’ Hours Regulation; and
(ii)that he took all reasonable steps to avoid the contravention.”;
(c)after subsection (11B) insert—
“(11C) A person who—
(a)is subject to the requirement imposed by Article 10(4) of the Community Drivers’ Hours Regulation (undertakings etc to ensure that contractually agreed transport time schedules respect that Regulation); and
(b)fails to take all reasonable steps to comply with that requirement,
shall be liable on summary conviction to a fine not exceeding level 4 on the standard
scale.”.
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