Part VI

Drivers’ Hours

Downloading data: requirement imposed by an officer
97F
1
This section applies where—
a
an officer has reason to believe that an offence under this Part of this Act or under the Traffic Acts has been committed in respect of the use of a vehicle, and
b
article 10(5) of the Community Drivers’ Hours Regulation
or article 11(2)(b) of the Annex to the AETR
applies to a transport undertaking in respect of the vehicle unit in the vehicle or a driver card issued to a person who has driven the vehicle.
2
The officer may, on production if so required of his authority, require the undertaking without delay—
a
to download data from the vehicle unit or driver card;
b
to permit him to inspect or copy the downloaded data.
3
In this section—
a
“download” is to be construed in accordance with the definition of “downloading” in
Article 2(2)(n) of the
EU
Tachographs Regulation
;
b
“the Traffic Acts” has the meaning given in section 192(1) of the Road Traffic Act 1988.
Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3
Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)
Pt. VI modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 27
Ss. 97C-97H inserted (5.2.2008) by The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008 (S.I. 2008/198), regs. 1(1), 2
Words in s. 97F(3) substituted (2.3.2016) by The Passenger and Goods Vehicles (Tachographs) (Amendment) Regulations 2016 (S.I. 2016/248), regs. 1(2), 7
Words in s. 97F(1)(b) inserted (26.3.2019) by The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/453), regs. 1(2), 11