Part VIU.K. Drivers’ Hours

Modifications etc. (not altering text)

C1Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3

C2Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)

[F197A Provisions supplementary to section 97.E+W+S

(1)If an employed [F2driver] of a vehicle to which section 97 of this Act applies fails—

(a)without reasonable excuse to return any record sheet which relates to him to his employer within twenty-one days of completing it; or

(b)where he has two more employers by whom he is employed as a [F2driver] of such a vehicle, to notify each of them of the name and address of the other or others of them,

he shall be liable on summary conviction to a fine not exceeding [F3level 4 on the standard scale].

(2)If the employer of [F4drivers] of a vehicle to which section 97 of this Act applies fails without reasonable excuse to secure that they comply with subsection (1)(a) of this section, he shall be liable on summary conviction to a fine not exceeding [F3level 4 on the standard scale].

(3)Where a [F2driver] of a vehicle to which section 97 or this Act applies has two of more employers by whom he is employed as a crew member of such a vehicle, subsection (1)(a) and subsection (2) of this section shall apply as if any reference to his employer, or any reference which is to be construed as such a reference, were a reference to such of those employers as was the first to employ him in that capacity.]

Textual Amendments

F1Ss. 97, 97A, 97B substituted for s. 97 by S.I. 1979/1746, reg. 2

F2Word substituted by S.I. 1986/1457, reg. 3(3)(c)

F3Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G (as inserted by Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 54) and by 1995 c. 40, ss. 3, 7(2), Sch. 1 para. 10, Sch. 2 Pt. III it is provided (S.) (1.4.1996) that s. 97A(1)(2) shall have effect as if the maximum fine that may be imposed on summary conviction for the offence mentioned therein were a fine not exceeding level 4 on the standard scale instead of a fine not exceeding £200.

F4Word substituted by S.I. 1986/1457, reg. 3(3)(d)

Modifications etc. (not altering text)

C3S. 97A applied (with modifications) (S.) (4.1.1995) by 1994 c. 39, s. 40(7); S.I. 1994/2850, art. 3(a), Sch. 2