Transport Act 1968

95 Vehicles and drivers subject to control under Part VI. E+W+S

(1) This Part of this Act shall have effect with a view to securing the observance of proper hours [F1 or periods] of work by persons engaged in the carriage of passengers or goods by road and thereby protecting the public against the risks which arise in cases where the drivers of motor vehicles are suffering from fatigue F2 ...

F3 (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This Part of this Act applies to—

(a) passenger vehicles, that is to say—

(i) public service vehicles; and

(ii) motor vehicles (other than public service vehicles) constructed or adapted to carry more than twelve passengers;

(b) goods vehicles, that is to say—

(i) heavy locomotives, light locomotives, motor tractors and any motor vehicle so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle; and

(ii) motor vehicles (except those mentioned in paragraph (a) of this subsection) constructed or adapted to carry goods other than the effects of passengers.

[F4 (c) vehicles not falling within paragraph (a) or (b) of this subsection which—

(i) are vehicles within the meaning given by Article 4 of the Community Drivers’ Hours Regulation; and

(ii) are not referred to in Article 3 of that Regulation.]

(3) This Part of this Act applies to any such person as follows (in this Part of this Act referred to as “a driver”), that is to say—

(a) a person who drives a vehicle to which this Part of this Act applies in the course of his employment (in this Part of this Act referred to as “an employee-driver”); and

(b) a person who drives such a vehicle for the purposes of a trade or business carried on by him (in this Part of this Act referred to as “an owner-driver”);

and in this Part of this Act references to driving by any person are references to his driving as aforesaid.

Textual Amendments

F1 Words inserted with saving by Road Traffic (Drivers' Ages and Hours of Work) Act 1976 (c. 3), s. 2(1)(d)

F2 Words in s. 95(1) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 32(a) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

F3 S. 95(1A) omitted (31.12.2020) by virtue of The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(3), 32(b) (with reg. 114); 2020 c. 1, Sch. 5 para. 1(1)

F4 S. 95(2)(c) substituted (2.7.2007) by The Community Drivers Hours and Recording Equipment Regulations 2007 (S.I. 2007/1819), regs. 1(1), 6

Modifications etc. (not altering text)

C1 S. 95 applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7) (with s. 7(2)); S.I. 1994/2850, art. 3(a), Sch. 2