Transport Act 1968

[F197ZAInstallation and use of recording equipment: AETR requirementsU.K.

(1)No person shall use, or cause or permit to be used, a vehicle to which this section applies—

(a)unless there is in the vehicle recording equipment which—

(i)has been installed in accordance with the AETR;

(ii)complies with the AETR (including the relevant Appendices to the Annex to the AETR); and

(iii)is being used as provided by Articles 10 to 13 of the Annex to the AETR; or

(b)in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the AETR.

(2)A person who contravenes subsection (1) shall be liable on summary conviction—

(a)in England and Wales, to a fine;

(b)in Scotland, to a fine not exceeding level 5 on the standard scale.

(3)A person shall not be liable to be convicted for contravention of subsection (1) of this section if the person proves to the court that the person neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the AETR.

(4)A person shall not be liable to be convicted for contravention of subsection (1)(a) if the person proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with the AETR was to be installed in the vehicle in accordance with the AETR.

(5)A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of the recording equipment installed in the vehicle in question not being in working order if the person proves to the court that—

(a)it had not become reasonably practicable for the equipment to be repaired by an approved fitter or workshop; and

(b)the requirements of Article 13(2)(a) of the Annex to the AETR were being complied with.

(6)A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of any seal on the recording equipment installed in the vehicle in question not being intact if the person proves to the court that—

(a)the breaking or removal of the seal could not have been avoided;

(b)it had not become reasonably practicable for the seal to be replaced by an approved fitter or workshop; and

(c)in all other respects the equipment was being used as provided by Articles 10 to 13 of the Annex to the AETR.

(7)A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of the driver card not being used with the recording equipment installed in the vehicle in question if the person proves to the court that—

(a)the driver card was damaged, malfunctioning, lost or stolen;

(b)the requirements of Articles 12(1) and 13(2) and (3) of the Annex to the AETR were being complied with; and

(c)in all other respects the recording equipment was being used as provided by Articles 10 to 13 of the Annex to the AETR.

(8)Where a person (“the driver”)—

(a)in the course of the driver's employment, uses a vehicle in contravention of subsection (1), and

(b)is liable to be convicted for the contravention of that subsection in respect of that use,

the employer also commits an offence and shall be liable on summary conviction to a fine.

(9)A person shall not be liable to be convicted under subsection (8) in respect of the use of a vehicle if the requirements of Article 11(1) to (3) of the AETR and Article 11(1) of the Annex to the AETR were complied with in relation to that use.

(10)For the purposes of this section recording equipment is used as provided by Articles 10 to 13 of the Annex to the AETR if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

(11)This section applies at any time to any vehicle to which this Part of this Act applies if, at that time, the AETR requires recording equipment to be installed and used in that vehicle; and in this section and sections 97B to 97G of this Act (so far as those sections relate to the AETR) any expression which is also used in the AETR has the same meaning as in the AETR.

(12)In this Part of this Act—

• “AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (as applied by Article 2(3) of the Community Drivers' Hours Regulation);

• “the relevant Appendices” to the Annex to the AETR—

  (a)

  in the case of a vehicle put into service for the first time before 16th June 2010 means—

  (i)

  either Appendix 1 or Appendix 1B to that Annex; and

  (ii)

  Appendix 2 to that Annex; and

  (b)

  in the case of a vehicle put into service for the first time on or after that date means—

  (i)

  Appendix 1B to that Annex; and

  (ii)

  Appendix 2 to that Annex.]