C1C2C3Part VI Drivers’ Hours

Annotations:
Modifications etc. (not altering text)
C1

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

C2

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

97ZBF1Supply of recording equipment which is not type-approved

1

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.

2

It is a defence to show that—

a

the recording equipment was supplied for export from Great Britain,

b

the person had reasonable cause to believe that the recording equipment would not be installed in a vehicle used on a road in Great Britain or would not be so installed until an appropriate type-approval certificate was in force, or

c

the person had reasonable cause to believe that the recording equipment would only be installed in a vehicle which was not required under the relevant instrument to have recording equipment installed in it.

3

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.

4

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

5

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

        F2issued under the equivalent EU 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 F3another contracting country under the AETR;

  • F4“the equivalent EU Regulation” has the meaning given by section 97(7);

  • “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.