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PART VIN.I.PROVISIONS RELATING TO APPLICABLE COMMUNITY RULES

Offences against applicable Community rulesN.I.

81.[F1(1) Where, in the case of a driver of a motor vehicle, there is a contravention of any requirement of the applicable Community rules as to periods of driving, or distance driven, or periods on or off duty, then the offender, the offender's employer and any other person to whose orders the offender was subject shall be guilty of an offence under this Order.]

[F2(1A) A person shall not be liable to be convicted under paragraph (1) if being charged as the offender's employer, or a person to whose orders the offender was subject, [F3the person proves—

(a)in respect of a contravention of a provision of the Community Drivers’ Hours Regulation—

(i)that at the time of the contravention the person 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 the person took all reasonable steps to avoid the contravention; or

(b)in respect of a contravention of a provision of the AETR—

(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.]

(1B) A person who—

(a)is subject to the requirement imposed by Article 10(4) of the Community Drivers' Hours Regulation [F4or Article 11(5) of the AETR] (undertakings etc. to ensure that contractually agreed transport time schedules respect [F5that provision] ); and

(b)fails to take all reasonable steps to comply with that requirement,

shall be guilty of an offence under this Order.]

[F6(1C) If a driver who is subject to the orders of more than one transport undertaking fails, without reasonable excuse, to provide each of them with sufficient information to enable them to avoid a contravention of Chapter 2 of the Community Drivers' Hours Regulation, he shall be guilty of an offence under this Order.]

(2) Any person who contravenes any requirement as to books, records or documents of the applicable Community rules shall be guilty of an offence under this Order.

(3) Any person who makes or causes to be made any entry in a book, record or document kept for the purposes of the applicable Community rules which he knows to be false or, with intent to deceive, alters or causes to be altered any such entry shall be guilty of an offence under this Order.

Powers of inspectionN.I.

82.—(1) An inspector of vehicles or a constable may, on production if so required of his authority, require any person to produce, and permit him to inspect and copy any book, record or document—

(a)which that person is required by the applicable Community rules to carry or have in his possession for the purpose of making in it any entry required by those rules or which is required under those rules to be carried on any vehicle of which that person is the driver;

(b)which that person is required by the applicable Community rules to preserve;

(c)which the inspector of vehicles or the constable, as the case may be, may reasonably require to inspect for the purpose of ascertaining whether the requirements of the applicable Community rules have been complied with.

(2) For the purpose of exercising his powers under paragraph (1) in respect of a document carried on, or by the driver of, a vehicle an inspector of vehicles or a constable, as the case may be, may detain the vehicle during such time as is required for the exercise of that power.

(3) Any person who—

(a)fails to comply with any requirement under paragraph (1); or

(b)obstructs an inspector of vehicles in the exercise of his powers under paragraph (2),

shall be guilty of an offence under this Order.

Regulations for purposes of the applicable Community rules or other relevant Community provisionsN.I.

83.—(1) The Department may by regulations—

(a)make provisions supplementary and incidental to the requirements of the applicable Community rules as to books, records and documents; and

(b)make such provision by way of substitution for or adaptation of the provisions of Articles 56, 63, 81 and 82 and regulations made under those Articles, or supplemental or incidental to those provisions, as the Department considers necessary or expedient to take account of the operation of any relevant Community provision.

(2) Regulations under paragraph (1) may in particular—

(a)substitute different requirements for the requirements of the domestic drivers' hours code or add to, make exceptions from or otherwise modify any of the requirements of that code;

(b)apply to journeys and work to which no relevant Community provision applies;

(c)include provision as to the circumstances in which a period of driving or duty to which a relevant Community provision or the domestic drivers' code applies is to be included or excluded in reckoning any period for purposes of the domestic drivers' hours code or any relevant Community provision respectively; and

(d)contain such transitional, supplementary or consequential provisions as the Department considers necessary or expedient.