This Part of this Act shall have effect with a view to securing the observance of proper hours F1or 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. F2but the Secretary of State may by regulations make such provision by way of substitution for or adaptation of the provisions of this Part, or supplemental or incidental to this Part, as he considers necessary or expedient to take account of the operation of any relevant F93EU provision.

Subject to the provisions of this section, a driver shall not on any working day drive a vehicle or vehicles to which this Part of this Act applies for periods amounting in the aggregate to more than ten hours.

Subject to the provisions of this section a driver shall not be on duty in any working week for periods amounting in the aggregate to more than sixty hours.

If in the case of the working week of any driver the following requirement is satisfied, that is to say, that, in each of the periods of twenty-four hours beginning at midnight which make up that week, the driver does not drive a vehicle to which this Part of this Act applies for a period of, or periods amounting in the aggregate to, more than four hours, the foregoing provisions of this section shall not apply to him in that week, except that the provisions of subsections (1), (2) and (3) shall nevertheless have effect in relation to the whole of any working day falling partly in that week and partly in a working week in the case of which that requirement is not satisfied.

For the purposes of subsections (1) and (7) of this section no account shall be taken of any time spent driving a vehicle elsewhere than on a road if the vehicle is being so driven in the course of operations of agriculture or forestry.

Where, in the case of a driver F9 of a motor vehicle, there is F81... a contravention F127, whether occurring in the United Kingdom, another member State, or a contracting third country, of any requirement of F10the applicable Community rules as to periods of driving, or distance driven, or periods on or off duty, then the offender and F82the offender’s employer, and any other person to whose orders the offender was subject, shall be liable on summary conviction to a fine not exceeding F7level 4 on the standard scale

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 liable on summary conviction to a fine not exceeding level 4 on the standard scale.

In this Part of this Act “the domestic driver’s hours code” means the provisions of subsections (1) to (6) of this section as for the time being in force (and, in particular, as modified, added to or substituted by or under any instrument in force under section 95(1) of this Act or subsection (10) or (12) of this section)

An authorisation is to be in writing.

The Secretary of State may withdraw an authorisation by giving written notice.

The Secretary of State must from time to time publish lists of the persons currently authorised under this section.

A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the F107EU Tachographs Regulation.

A person shall not be liable to be convicted under subsection (1) F20(a) of this section if he proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with F139... the F101EU Tachographs Regulation was to be installed in the vehicle in accordance with that Regulation.

A person shall not be liable to be convicted under subsection (1) of this section by reason of using recording equipment which does not bear a type-approval mark issued under Article 14 of the EU Tachographs Regulation if he proves to the court that the use of the recording equipment was in the course of a field test authorised under section 96A.

A person shall not be liable to be convicted under subsection (4C) in respect of the use of a vehicle if the requirements of Article 10(1) and (2) of the Community Drivers’ Hours Regulation (liability of transport undertakings) and Article 33(1) of the EU Tachographs Regulation (responsibility of transport undertakings) were complied with in relation to that use.

For the purposes of this section recording equipment is used as provided by F112Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

This section applies at any time to any vehicles to which this Part of this Act applies if, at that time, Article 3 of the F103EU Tachographs Regulation requires recording equipment to be installed and used in that vehicle; and in this section and F89sections 97B to 97G of this Act F142(so far as those sections relate to the EU Tachographs Regulation) any expression which it is also used in that Regulation has the same meaning as in that Regulation.

In this Part of this Act—

• F102“the EU Tachographs Regulation” means Regulation (EU) No. 165/2014 of the European Parliament and of the Council on tachographs in road transport F140, as amended from time to time, as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007 (S.I. 2007/1819);

• “recording equipment” means equipment for recording information as to the use of a vehicle.

• F77“the relevant Annexes” to the F141EU Tachographs Regulation—

  1. a

     in the case of a vehicle put into service for the first time before 1st May 2006 means—

     1. i

        either Annex I or Annex IB to that Regulation; and

     2. ii

        Annex II to that Regulation; and

  2. b

     in the case of a vehicle put into service for the first time on or after that date means—

     1. i

        Annex IB to that Regulation; and

     2. ii

        Annex II to that Regulation.

A person shall not be liable to be convicted for contravention of subsection (1) of this section if the person proves to the court that the person neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the AETR.

A person shall not be liable to be convicted for contravention of subsection (1)(a) if the person proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with the AETR was to be installed in the vehicle in accordance with the AETR.

A person shall not be liable to be convicted under subsection (8) in respect of the use of a vehicle if the requirements of Article 11(1) to (3) of the AETR and Article 11(1) of the Annex to the AETR were complied with in relation to that use.

For the purposes of this section recording equipment is used as provided by Articles 10 to 13 of the Annex to the AETR if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

This section applies at any time to any vehicle to which this Part of this Act applies if, at that time, the AETR requires recording equipment to be installed and used in that vehicle; and in this section and sections 97B to 97G of this Act (so far as those sections relate to the AETR) any expression which is also used in the AETR has the same meaning as in the AETR.

In this Part of this Act—

• “AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (as applied by Article 2(3) of the Community Drivers' Hours Regulation);

• “the relevant Appendices” to the Annex to the AETR—

  1. a

     in the case of a vehicle put into service for the first time before 16th June 2010 means—

     1. i

        either Appendix 1 or Appendix 1B to that Annex; and

     2. ii

        Appendix 2 to that Annex; and

  2. b

     in the case of a vehicle put into service for the first time on or after that date means—

     1. i

        Appendix 1B to that Annex; and

     2. ii

        Appendix 2 to that Annex.

A person commits an offence if the person supplies, as recording equipment which complies with the EU Tachographs Regulation or the AETR, recording equipment in respect of which no appropriate type-approval certificate is in force.

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Nothing in this section affects the validity of a contract or any rights arising under or in relation to a contract.

In this section—

• “appropriate type-approval certificate” means—

  1. a

     in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—

     1. i

        issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation, or

     2. ii

        issued in another member State under the EU Tachographs Regulation;

  2. b

     in relation to recording equipment supplied as complying with the AETR, a type approval certificate—

     1. i

        issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, or

     2. ii

        issued in a contracting third country under the AETR;

• “relevant instrument”—

  1. a

     in relation to recording equipment supplied as complying with the EU Tachographs Regulation, means that Regulation;

  2. b

     in relation to recording equipment supplied as complying with the AETR, means the AETR;

• “supplies” includes—

  1. a

     sells;

  2. b

     offers to sell or supply;

  3. c

     exposes for sale.

A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

A person who, with intent to deceive, forges, alters or uses any seal on recording equipment installed in, or designed for installation in, a vehicle to which section 97 F130or 97ZA of this Act applies, shall be guilty of an offence.

In the application of this section to England and Wales a person “forges” a seal if he makes a false seal in order that it may be used as genuine.

Where recording equipment is installed in a vehicle to which this Part of this Act applies, any record produced by means of the equipment shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of matters appearing from the record.

If such a document relates to a person in his capacity as the driver of a vehicle to which section 97 F145or 97ZA applies, he must before the end of the delivery period deliver the document to the transport undertaking to whose orders he was subject in driving the vehicle.

The delivery period is the period of 42 days starting on the day after the latest date to which the document relates.

A person who without reasonable excuse fails to comply with subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

If a transport undertaking fails without reasonable excuse to secure that each driver subject to its orders complies with subsection (2), in respect of documents relating to him in his capacity as such a driver, it is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation F147or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from a vehicle unit in a vehicle.

The download period begins and ends as set out in the following table—

But subsection (4)(c) does not apply if because of the malfunctioning of the unit it is impossible to download the data.

For the purposes of this section “relevant data” means any data recorded by the vehicle unit in a vehicle, other than detailed speed data.

For the purposes of this section and section 97E an undertaking controls the use of a vehicle during any period in which it may determine when, by whom and for what purpose the vehicle may be driven.

In this section and sections 97E to 97G, “downloaded” is to be construed in accordance with the definition of “downloading” in F124Article 2(2)(n) of the EU Tachographs Regulation.

This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation F148or article 11(2)(b) of the Annex to the AETR to ensure that data is downloaded from a driver card issued to a driver.

The undertaking must ensure that all data is downloaded from the card not later than the end of the download period.

The download period begins and ends as set out in the following table—

But subsection (4)(b) does not apply if because of the damage to the card or its malfunctioning it is impossible to download the data.

A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with section 97D or 97E, or with a requirement imposed under section 97F.

A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with any requirement imposed by article 10 of the Community Drivers’ Hours Regulation F151or article 11(2)(b) of the Annex to the AETR in respect of the retention of data downloaded in accordance with section 97D to 97F.

An offence under this section is punishable on summary conviction with a fine not exceeding level 5 on the standard scale.

An officer may, on production if so required of his authority, require a person to make readily accessible to him, either on or from premises occupied or controlled by the person in question, that person’s retained data.

Any person who without reasonable excuse fails to comply with a requirement under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

For the purposes of subsection (1), data is a person’s “retained data” if he is required by article 10 of the Community Drivers’ Hours Regulation F152or article 11(2)(b) of the Annex to the AETR to retain it for at least 12 months following its recording.

Subject to the provisions of any regulations made by the Minister, F96a traffic commissioner may dispense with the observance by any employee-driver or his employer, or by any owner-driver, of any requirement imposed under this section, either generally or in such circumstances or to such extent as the F28commissioner thinks fit, but the traffic F27commissioner shall not grant such a dispensation unless satisfied that it is not reasonably practicable for the requirement dispensed with to be observed.

A person shall not be liable to be convicted under subsection (4) of this section by reason of contravening any regulation made under this section if he proves to the court that, if the vehicle in question had been such a vehicle as is mentioned in subsection (2A) of this section, there would have been no contravention of the provisions of this Part of this Act so far as they relate to the use of such vehicles.

Any entry made by an employee-driver for the purposes of regulations under this section F29or of F24the applicable Community rules shall, in any proceedings under this Part of this Act, be admissible in evidence against his employer.

For the purpose of exercising his powers under subsection (2)(a) and, in respect of a document carried on, or by the driver of, a vehicle, under subsection (1)(a) F68... of this section, an officer may detain the vehicle in question during such time as is required for the exercise of that power.

A person shall not be liable to be convicted under subsection (4) of this section by reason of failing to comply with any requirement under subsection (1)(a) or (b) of this section if he proves to the court that, if the vehicle in question had been such a vehicle as is mentioned in section 98(2A) of this Act, there would have been no contravention of the provisions of this Part of this Act so far as they relate to the use of such vehicles.

If an officer has reason to believe that an offence under subsection (5) of this section has been committed in respect of any record or document inspected by him under this section, he may seize that record or document; and where a record or document is seized as aforesaid and within six months of the date on which it was seized no person has been charged since that date with an offence in relation to that record or document under that subsection and the record or document has not been returned to the person from whom it was taken, a magistrate’s court shall, on an application made for the purpose by that person or by an officer, make such order respecting the disposal of the record or document and award such costs as the justice of the case may require.

Any proceedings in Scotland under subsection (6) of this section shall be taken by way of summary application in the sheriff court; and in the application of that subsection to Scotland references to costs shall be construed as references to expenses.

F70In this Part of this Act “officer” means F40an examiner appointed under section 66A of the Road Traffic Act 1988 and any person authorised for the purposes F71of this Part by F97a traffic commissioner.

The powers conferred by F72this Part of this Act on an officer shall be exercisable also by a police constable, who shall not, if wearing uniform, be required to produce any authority.

In this section references to the inspection and copying of any record produced by means of F73recording equipment installed in a vehicle include references to the application to the record of any process for eliciting the information recorded thereby and to taking down the information elicited from it.

Subsections (1) to (7) and (10) do not apply in respect of vehicles to which section 97 F156or 97ZA of this Act applies.

Subsection (2) applies if a vehicle appears to a stopping officer to be one to which this Part could apply.

The officer may direct the driver to stop the vehicle for the purpose of enabling a Part 6 officer to exercise powers under this Part.

In this section—

• “Part 6 officer” means an officer as defined in section 99(8);

• “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988.

Where an authorised person prohibits the driving of a vehicle under this section, he may also direct the driver to remove the vehicle (and, if it is a motor vehicle drawing a trailer, also to remove the trailer) to such place and subject to such conditions as are specified in the direction; and the prohibition shall not apply to the removal of the vehicle in accordance with that direction.

On imposing a prohibition under subsection (1) of this section, the authorised person shall give notice in writing of the prohibition to the driver of the vehicle, specifying the circumstances (as mentioned in paragraph (a), (b) or (c) of that subsection) in consequence of which the prohibition is imposed and stating whether it is imposed only for a specified period (and if so specifying the period) or without limitation of time.

In this section—

• “authorised person” means—

  1. a

     an examiner appointed by the Secretary of State under section 66A of the M1Road Traffic Act 1988, or

  2. b

     a constable authorised to act for the purposes of this section by or on behalf of a chief officer of police;

• “UK vehicle” means a vehicle registered under the M2Vehicle Excise and Registration Act 1994.

Schedule 4 to the Road Safety Act 2006 makes provision about the immobilisation of vehicles the driving of which has been prohibited under subsection (1) of this section and about their removal and disposal.

Where notice of a prohibition has been given under section 99A(3) of this Act in respect of a vehicle, an exemption in writing for the use of the vehicle in such manner, subject to such conditions and for such purposes as may be specified in the exemption may be granted by any authorised person.

A prohibition under section 99A(1) of this Act may be removed by any authorised person, if he is satisfied that appropriate action has been taken to remove or remedy the circumstances (as mentioned in paragraph (a), (b) or (c) of section 99A(1) of this Act) in consequence of which the prohibition was imposed; and on doing so the authorised person shall give notice in writing of the removal of the prohibition to the driver of the vehicle.

In this section, “authorised person” has the same meaning as in section 99A of this Act.

The Governor of Northern Ireland may, by Order in the Privy Council of Northern Ireland, make provision in relation to Northern Ireland for any purpose for which provision may be made in relation to Great Britain under subsection (1) of this section, and in relation to any such Order the provisions of that subsection shall apply accordingly as if for references to the Minister there were substituted references to the Governor of Northern Ireland; and any such Order may authorise the Ministry of Home Affairs for Northern Ireland to make regulations for any of the purposes of the Order.

In relation to orders or regulations made under this Part of this Act, the provisions of this section shall have effect in addition to the provisions of section 157 of this Act.

Any order or regulations under this Part of this Act may make different provision for different classes of case.

No order shall be made under section 96(12) or 100(1) of this Act unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament; and any regulations made under this Part of this Act (except regulations made F44under section 95(1) or by virtue of an Order under section 100(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

No regulations shall be made under section 95(1) of this Act unless a draft of the regulations has been laid before, and approved by a resolution of, each House of Parliament.

No recommendation shall be made to the Governor of Northern Ireland in Council to make an Order under subsection (2) of section 100 of this Act unless a draft thereof has been laid before the Parliament of Northern Ireland and has been approved by resolution of each House of Parliament of Northern Ireland; and an Order under that subsection which authorises the making of regulations may make provision for the laying of such regulations before the Parliament of Northern Ireland and for their annulment in such circumstances as may be specified in the Order.

A definition or description of a class of vehicles for the purposes of any order or regulation under this Part of this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatsoever.

Before making any order or regulations under this Part of this Act the Minister shall consult with such representative organisations as he thinks fit.

Subject to subsection (2) of this section, this Part of this Act shall apply to vehicles and persons in the public service of the Crown.

This Part of this Act shall not apply in the case of motor vehicles owned by the Secretary of State for Defence and used for naval, military or air force purposes or in the case of vehicles so used while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.

Where an offence under this Part of this Act is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown; and, subject to subsection (3A) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).

This Part of this Act shall not apply in the case of motor vehicles while being used for police F58or F57fire brigadeF57fire and rescue authority purposes F59or for or in connection with the exercise of any function of F94the Scottish Fire and Rescue ServiceF126or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016).

This Part of this Act and section 255 of the Road Traffic Act 1960 in its application thereto shall not apply to tramcars or trolley vehicles operated under statutory powers.

In this section “operated under statutory powers” means, in relation to tramcars or trolley vehicles, that their use is authorised or regulated by special Act of Parliament or by an order having the force of an Act.

Subsection (1) above shall have effect subject to any such Act or order as is mentioned in subsection (2) above, and any such Act or order may apply to tramcars or trolley vehicles to which it relates any of the provisions excluded by the said subsection (1).

Proceedings for an offence under this Part of this Act alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).

Proceedings for an offence under this Part of this Act alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members).

Rules of court relating to the service of documents have effect as if the partnership or association were a body corporate.

A fine imposed on a partnership on its conviction for an offence under this Part of this Act must be paid out of the partnership assets.

A fine imposed on an unincorporated association on its conviction for an offence under this Part of this Act must be paid out of the funds of the association.

Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 102C.

If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

In subsection (4) a reference to a partner includes a reference to a person purporting to act as a partner.

For the purposes of this Part of this Act a director of a company shall be deemed to be employed by it.

In this Part of this Act references to a person driving a vehicle are references to his being at the driving controls of the vehicle for the purpose of controlling its movements, whether it is in motion or is stationary with the engine running.

F98A traffic commissioner may, on the application of an owner-driver or of the employer of an employee-driver, from time to time direct that a week beginning at midnight between two days other than F53Sunday and Monday shall be, or be deemed to have been, a working week in relation to that owner-driver or employee-driver; but where by virtue of any such direction a new working week begins before the expiration of a previous working week then, without prejudice to the application of the provisions of this Part of this Act in relation to the new working week, those provisions shall continue to apply in relation to the previous working week until its expiration.

The enactments specified in Schedule 11 to this Act shall have effect subject to the amendments there specified.

Any order made under section 166(2) of this Act appointing a day for the purposes of any of the provisions of this Part of this Act may contain such transitional provision as the Minister thinks necessary or expedient as respects the application of any particular provision of this Part of this Act to a working week or working day falling partly before and partly after the date on which that provision comes into operation.

A reference in this Part of this Act to Annex IB to the EU Tachographs Regulation has effect, until the coming into force of that Annex, as a reference to Annex IB to Council Regulation (EEC) No. 3821/85 on recording equipment in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007.