SCHEDULES

SCHEDULE 5Penalty for failure to secure goods vehicle etc

I1I210

1

Section 36 (power to detain vehicles etc in connection with penalties under section 32) is amended as follows.

2

In the heading, after “section” insert “31A or”.

3

In subsection (2A)(a), for “is an employee of its owner or hirer” substitute “drives the vehicle pursuant to a contract (whether or not a contract of employment) with the owner or hirer of the vehicle”.

4

After subsection (2A) insert—

2AA

In the case of a detached trailer, subsection (2A) has effect as if—

a

a reference to the driver were a reference to the operator, and

b

the reference to driving the vehicle were a reference to operating it.

5

After subsection (5) insert—

6

A document which is to be issued to or served on a person outside the United Kingdom for the purposes of this section may be issued or served—

a

in person,

b

by post,

c

by facsimile transmission,

d

by electronic mail, or

e

in another prescribed manner.

7

The Secretary of State may by regulations provide that a document issued or served in a manner listed in subsection (6) in accordance with the regulations is to be taken to have been received at a time specified by or determined in accordance with the regulations.