The Drivers’ Hours and Tachographs (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers in section 8(1) of, and paragraph 21 of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b) and (g) of that Act), arising from the withdrawal of the United Kingdom from the European Union.

Regulation 2 amends Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (“the Drivers’ Hours Regulation”). Regulation 3 amends Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport (“the Tachographs Regulation”). Both the Drivers’ Hours Regulation and the Tachographs Regulation were amended by Regulation (EU) 2020/1054 (the 2020 Regulation) and S.I. 2019/453. The 2020 Regulation came into force after S.I. 2019/453 was made, and these Regulations address the further deficiencies introduced by the 2020 Regulation.

Regulation 2 amends the Drivers’ Hours Regulation to remove references to international transport operations, which will be substantially redundant following the end of the implementation period. It also removes provisions conferring functions on the European Commission relating to making available information about safe and secure parking areas and evaluating the use of autonomous driving systems in the Member States. These amendments reflect the fact that it will no longer be appropriate to confer functions on the European Commission in relation to the United Kingdom following the end of the implementation period.

Regulation 3 amends the Tachographs Regulation to remove provisions relating to second generation smart tachographs. These provisions are contingent upon the adoption of implementing acts by the European Commission, which will take place after the end of the implementation period. These provisions therefore have no practical application to the United Kingdom. This regulation also removes redundant provisions relating to international transport operations and EU references which are no longer appropriate.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, public or voluntary sectors is foreseen. A copy of the Explanatory Memorandum is published alongside these Regulations at www.legislation.gov.uk .