4.—(1) Article 81 is amended as follows.
(2) In paragraph (1A)(1) for the words from “he proves” to the end, substitute—
“the person proves—
(a)in respect of a contravention of a provision of the Community Drivers’ Hours Regulation(2)—
(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(3)—
(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 paragraph (1B)(a)(4)—
(a)after “Community Drivers’ Hours Regulation” insert “or Article 11(5) of the AETR”;
(b)for “that Regulation” substitute “that provision”.
Paragraph (1A) was inserted by S.R. 2009/91.
OJ No. L 102, 11.4.2006, p. 1; relevant amending instruments are OJ No. L 300, 14.11.2009, p. 88 and OJ No. L 60, 28.2.2014, p. 1.X.
The AETR is the European Agreement concerning the work of Crews of Vehicles engaged in International Road Transport of 1st July 1970. The AETR can be found in Cmnd 7401, Cmnd 8572, Cmnd 9037, Cm 1776, Cm 3042 and Cm 3135.
Paragraph (1B) was inserted S.R. 2009/91.