PART 2Amendments pursuant to the European Communities Act 1972

CHAPTER 1Amendments of primary legislation

I13

1

Section 96 is amended as follows.

2

In subsection (11B) M1—

a

in paragraph (c), in the words before sub-paragraph (i), after “paragraph (b)” insert “in respect of a contravention of a provision of the Community Drivers' Hours Regulation M2”;

b

in paragraph (c)(ii) for “contravention.” substitute “ contravention; or ”;

c

after paragraph (c) (and the “or” inserted by paragraph (b) above) insert—

d

being charged as mentioned in paragraph (b) in respect of a contravention of a provision of the AETR M3, the person proves—

i

that at the time of the contravention the person was complying with Article 11(1) to (3) of the AETR (organisation of drivers' work, distance-related payments etc); and

ii

that the person took all reasonable precautions to avoid the contravention.

3

In subsection (11C) M4—

a

after “Community Drivers' Hours Regulation” insert “ or Article 11(5) of the AETR ”;

b

for “that Regulation” substitute “ that provision ”.