31. The Transport Act 1968 is amended as follows.
Commencement Information
I1Reg. 31 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
32. In section 95—
(a)in subsection (1) M1 omit the words from “but the” to the end;
(b)omit subsection (1A) M2.
Commencement Information
I2Reg. 32 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M1Section 95(1) was amended by section 2(1)(d) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and by S.I. 2011/1043.
M2Section 95(1A) was substituted by section 2(1)(d) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and amended by S.I. 2011/1043.
33. In section 96 (as amended by regulation 3 of these Regulations)—
(a)in subsection (11A) M3, for “, another member State, or a contracting third country” substitute “ or another contracting country ”;
(b)in subsection (13) M4 omit “section 95(1) of this Act or”.
Commencement Information
I3Reg. 33 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M3Section 96(11A) was inserted by paragraph 9(2)(a) of Schedule 4 to the European Communities Act 1972 (c. 68) and amended by section 2(1)(c) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and by S.I. 1986/1457, 2007/1819, 2018/24.
M4Section 96(13) was inserted by section 2(1) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3).
34. In section 96A(1)(a) M5, for “under Article 13” substitute “ as required by Article 11A ”.
Commencement Information
I4Reg. 34 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M5Section 96A was inserted by S.I. 2016/248.
35.—(1) Section 97 (as amended by regulation 4 of these Regulations) is amended as follows.
[F1(2) In subsection (1)(a)(i), after “technical specifications)” insert “or the equivalent EU Regulation”.]
(3) In subsection (1)(b), at the end insert “ or the equivalent EU Regulation ”.
(4) In subsection (4B), for “a type-approval mark issued under Article 14 of the EU Tachographs Regulation” substitute “ the relevant UK type-approval mark or the relevant EU type-approval mark (see Article 11A of the EU Tachographs Regulation) ”.
(5) In subsection (7)—
(a)before the definition of “the EU Tachographs Regulation” insert—
““the equivalent EU Regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport M6 as it has effect in EU law, as amended from time to time;”
(b)in the definition of “the EU Tachographs Regulation”, omit the words from “as read with” to the end;
(c)after the definition of “recording equipment” insert—
““the relevant EU type-approval mark”, in relation to recording equipment, means a type-approval mark issued by an EU member State in relation to that type of recording equipment under Article 14 of the equivalent EU Regulation;”;
F2(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)at the end insert—
““the relevant UK type-approval mark”, in relation to recording equipment, means the mark which is “the relevant type-approval mark” in relation to the marking of that equipment, for the purposes of the Motor Vehicles (Type Approval) Regulations 1980.”.
Textual Amendments
F1Reg. 35(2) substituted (24.10.2019) by The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 8(a)
F2Reg. 35(5)(d) omitted (24.10.2019) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 8(b)
Commencement Information
I5Reg. 35 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M6OJ No. L 60, 28.2.2014, p. 1.
36. In section 97ZB(5) (as inserted by regulation 5 of these Regulations)—
(a)in paragraph (a) of the definition of “appropriate type-approval certificate”, for sub-paragraph (ii) substitute—
“(ii)issued under the equivalent EU Regulation;”;
(b)in paragraph (b) of that definition, in sub-paragraph (ii), for “a contracting third country” substitute “ another contracting country ”;
(c)after that definition insert—
““the equivalent EU Regulation” has the meaning given by section 97(7);”.
Commencement Information
I6Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
37. In section 98 (as amended by regulation 14 of these Regulations)—
F3(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)in subsection (4)(b) M7, for “, another member State or a contracting third country” substitute “ or another contracting country ”.
Textual Amendments
F3Reg. 37(a) omitted (24.10.2019) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 9
Commencement Information
I7Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M7Section 98(4) was amended by section 4 of, and paragraph 9(2) of Schedule 4 to, the European Communities Act 1972 (c. 68), by section 2(1) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3) and by S.I. 2018/24.
Prospective
F438. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Reg. 38 omitted (24.10.2019) by virtue of The Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 (S.I. 2019/1379), regs. 1, 10(b)
39. In section 101—
(a)in subsection (3) M8 omit “under section 95(1) or”;
(b)omit subsection (3A) M9.
Commencement Information
I8Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M8Section 101(3) was amended by section 2(1)(i) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3).
M9Section 101(3A) was inserted by section 2(1)(i) of the Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3).
40.—(1) Section 103(1) (as amended by regulation 19 of these Regulations) is amended as follows—
(a)in the definition of “contracting third country”—
(i)omit “third”;
(ii)omit “other than a member State”;
(iii)omit paragraph (b) (and the “or” before it);
(b)for the definition of “the applicable Community rules”, substitute—
““the applicable Community rules” means—
(a)the Community Drivers' Hours Regulation, including the AETR; and
(b)the EU Tachographs Regulation;”;
(c)omit the definition of “relevant EU provision”.
Commencement Information
I9Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
41. The Road Traffic Offenders Act 1988 M10 is amended as follows.
Commencement Information
I10Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
42. In section 54(8A)(d) M11, for “another member State or a contracting third country” substitute “ or in another contracting country ”.
Commencement Information
I11Reg. 42 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M11Section 54(8A) was inserted by S.I. 2018/24.
43. In section 75(3C)(d) M12, for “another member State or a contracting third country” substitute “ or in another contracting country ”.
Commencement Information
I12Reg. 43 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M12Section 75 was substituted by section 34 of the Road Traffic Act 1991 (c. 40). Section 75(3C) was inserted by S.I. 2018/24.
44.—(1) Section 89 is amended as follows.
(2) In subsection (1)—
(a)in the definition of “the applicable Community rules”M13, for the words from “means” to the end substitute “ has the meaning given by section 103(1) of the Transport Act 1968 ”;
(b)in the definition of “contracting third country”M14—
(i)omit “third”;
(ii)omit “other than a member State”;
(iii)omit paragraph (b) (and the “or” before it).
Commencement Information
I13Reg. 44 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M13Definition inserted by S.I. 2018/24.
M14Definition inserted by S.I. 2018/24.
45. In section 90A(6)(c) M15, for “, another member State or a contracting third country” substitute “ or in another contracting country ”.
Commencement Information
I14Reg. 45 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M15Section 90A was inserted by section 11(1) of the Road Safety Act 2006 (c. 49) and amended by S.I. 2018/24.
46. In section 90F M16, in the definition of “contracting third country” omit “third”.
Commencement Information
I15Reg. 46 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M16Section 90F was inserted by section 11(1) of the Road Safety Act 2006 (c. 49) and amended by S.I. 2018/24.
47. In section 1(1)(a) of the Road Traffic (Foreign Vehicles) Act 1972 M17, for “an EU instrument” substitute “ a provision of retained direct EU legislation ”.
Commencement Information
I16Reg. 47 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(3)
Marginal Citations
M171972 c. 27. Section 1(1)(a) was amended by section 10(4) of the Transport Act 1982 (c. 49) and by S.I. 1984/748, 1999/1322, 2011/1043.