Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996

Explanatory Note

(This note is not part of the Regulations.)

These Regulations consolidate with amendments the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1979 and the Regulations which amended them as specified in the Schedule to these Regulations. The Regulations impose requirements regarding the installation and use of recording equipment (tachographs) in vehicles, and make provision for the inspection and repair of such equipmentl.

In Regulation 2(1) the definition of the Community Recording Equipment Regulation has been amended to take account of the amendments to Council Regulation (EEC) No. 3821/85 (O.J. No. L370, 31.12.85, p. 8) made by Commission Regulation (EEC) No. 3314/90 (O.J. No. L318, 17.11.90, p. 20) and Commission Regulation (EEC) No. 3688/92 (O.J. No. L374, 22.12.92, p. 12). The amendments to the Council Regulation have been made to take account of technical changes in recording equipment in road transport.

The maximum fines for breaches of the following regulations are now dealt with in terms of the standard scale, as follows:

(1) In regulation 3 (penalty for failure to install or use recording equipment) the maximum fine remains unchanged and is now referred to as level 5 on the standard scale (currently £5,000).

(2) In regulation 4(1) and (2) (penalty for failure to return record sheet and related offences) the maximum fines have been increased from £500 in each case to level 4 on the standard scale (currently £2,500).

(3) In regulation 7(4) (penalty for obstructing a vehicle examiner) the maximum fine has been increased from £200 to level 3 on the standard scale (currently £1,000).

(4) In regulations 5(2) (penalty for forgery of seals on recording equipment) and 7(5) (penalty for making false entry on a record sheet) the fine is now referred to as the statutory maximum (currently £5,000). In regulation 5(2) the fine remains unchanged at £5,000, and in regulation 7(5) it has been increased from £1,000 to £5,000.

The fee payable for the grant of an approval of a fitter or workshop for the installation or repair of recording equipment has been reduced to £325 (previously the fee payable was £359) (regulation 9).

Copies of the EEC Regulations referred to in these Regulations can be obtained from Her Majesty’s Stationery Office.