Transport Act 1968

• (6) Any statement to be submitted to a licensing authority under this section shall be submitted within such time and shall be in such form as the licensing authority may require.

Decision on applications for special authorisations

74

• (1) If no objection to an application is duly made under section 73 of this Act, or if such an objection is duly made under subsection (3)(b) of that section, the licensing authority shall, subject to subsection (7) of this section, grant the application or, as the case may be, grant it in respect of the part of the transport service to which the objection does not relate.

• (2) If an objection to an application is duly made under the said section 73, the licensing authority—

• (a) shall grant the application in respect of the whole of the disputed service if satisfied that the condition mentioned in subsection (3) of this section is fulfilled in the case of the whole of the disputed service;

• (b) shall grant the application in respect of any part of the disputed service if satisfied that the said condition is fulfilled in the case of that part;

but, save as aforesaid and subject to subsection (4) of this section, the licensing authority shall refuse the application.

• (3) The condition referred to in subsection (2) of this section is that the provision of the disputed service, or of the part of that service in question, by the objector, or a subsidiary of the objector, wholly or partly by rail, as compared with its provision in pursuance of the special authorisation, will be less advantageous for the person for whom the goods in question are to be carried.

• (4) If in the case of the whole or any part of the disputed service the licensing authority is not satisfied as mentioned in subsection (2) of this section, the authority shall nevertheless grant the application in respect of the disputed service or of any part of it if satisfied—

• (a) that the provision of the service, or of that part of it, by the objector, or a subsidiary of the objector, wholly or partly by rail, as compared with its provision in pursuance of the special authorisation, will be equally advantageous for the person for whom the goods in question are to be carried; and

• (b) that, if a special authorisation is not granted for the provision of the service or the part of it in question, serious detriment will result to a person (whether the applicant himself or some other person) for whom the applicant provides or proposes to provide a transport service other than the disputed service or other than the part of it in question.

• (5) The factors relevant for making the comparison mentioned in subsections (3) and (4)(a) of this section shall be speed, reliability, cost, and such other matters relevant to the needs of the person for whom the goods in question are to be carried as may be prescribed; and the licensing authority shall assess the relative importance of those factors by reference to the needs of the person for whom the goods in question are to be carried and to the nature of those goods.

• (6) In assessing the factors mentioned in subsection (5) of this section and the detriment mentioned in subsection (4)(b) of this section the licensing authority shall act in accordance with any directions contained in regulations made by the Minister.

• (7) Where an application for a special authorisation is made by the Freight Corporation and no objection to it is made by the Railways Board, or where such an application is made by a subsidiary of that Corporation and no objection to it is made by that Board or by the Corporation, the licensing authority to whom the application is made shall grant the application only if and so far as he considers that it would have been granted if any objection reasonably open to the Board or, as the case may be, to the Board or the Corporation, had been made by them; and the licensing authority may for that purpose require the Board and the Corporation to give him such information and explanations as he may reasonably require.

• (8) In exercising his functions under this section, a licensing authority may be assisted by an assessor drawn from a panel of persons appointed by the Minister for that purpose; and there shall be paid by the licensing authority to any such assessor in respect of his services remuneration on a scale prescribed by the Minister with the approval of the Treasury.

• (9) In this section references to the person for whom any goods are to be carried are references, if the goods are to be carried for hire or reward, to the person for whom they are to be so carried, and, if the goods are to be carried by any person for or in connection with any trade or business carried on by him, to that person; and, subject to regulations under subsection (6) of this section, references to the cost of carrying any goods are references, where they are carried for hire or reward, to the charges made for their carriage and, where they are not so carried, to the cost of carrying them.

Expedited grant of special authorisation in cases of urgency

75

• (1) If, on an application to a licensing authority for a special authorisation, it appears to the authority—

• (a) that the application is made solely for the purpose of enabling the applicant to provide a transport service in circumstances which he could not reasonably have foreseen; and

• (b) that by reason of the urgency of the case the purposes of the application would be defeated if it were dealt with in accordance with section 73 of this Act,

the licensing authority may grant that application without reference to that section if and so far as he considers that no objection to the application could reasonably have been made under that section or that any such objection could not reasonably have succeeded.

• (2) Any special authorisation granted by virtue of this section shall expire at the end of the period of three months beginning with the date on which it comes into force or of such shorter period beginning with that date as the licensing authority may direct.

Terms and conditions of special authorisations

76

• (1) In granting a special authorisation the licensing authority shall attach thereto such conditions as he thinks requisite for defining the transport service which is authorised by the special authorisation, and may attach thereto such other conditions as he thinks fit, including in particular conditions—

• (a) as to the vehicles which may be used under the special authorisation;

• (b) requiring the holder of the authorisation to make and preserve records as to his operations in pursuance of the authorisation;

• (c) requiring the holder of the authorisation to secure that a copy of the conditions defining the transport service authorised by the authorisation is carried by the driver of any vehicle used by him for a purpose for which such an authorisation is required.

• (2) In granting a special authorisation for the purposes of section 71(1)(a) of this Act the licensing authority shall include in the authorisation a statement as to whether any controlled journeys authorised by the authorisation may be undertaken in part by persons other than the holder of the authorisation; and, if the statement permits such journeys to be undertaken as aforesaid, the licensing authority may specify conditions to be observed by persons other than the holder of the licence who undertake such journeys.

• (3) Any person who contravenes any condition attached under this section to a special authorisation of which he is the holder, or, being a person who undertakes part of a controlled journey by virtue of a statement included in a special authorisation under subsection (2) of this section, contravenes any condition specified under that subsection, shall be liable on summary conviction to a fine not exceeding £200.

Duration of special authorisations

77

• (1) There shall be specified in every special authorisation the date on which the authorisation is to come into force.

• (2) Regulations may specify the dates in the year on which special authorisations shall expire, and, subject to subsections (3) and (4) of this section, a special authorisation shall, unless previously revoked, continue in force up till and including that one of the specified dates which occurs next before the expiration of the period of five years beginning with the date on which the authorisation came into force or of such shorter period beginning with that date as the licensing authority may direct.

• (3) If at the date on which a special authorisation is due to expire, proceedings are pending before the licensing authority on an application by the holder of that authorisation for the grant to him of a new authorisation in substitution therefor, the existing authorisation shall continue in force until—

• (a) that application ; and

• (b) any appeal under section 80 of this Act arising out of the application,

are disposed of, without prejudice however to the exercise in the meantime of the powers conferred by section 79 of this Act

• (4) Nothing in this section shall preclude the grant of a special authorisation authorising the carriage of goods only on occasions or in circumstances specified in the authorisation: and subsection (2) of this section shall not apply to any special authorisation granted by virtue of section 75 of this Act.

Variation of special authorisations

78

• (1) The holder of a special authorisation may at any time while it is in force apply to the licensing authority by whom it was granted for a variation thereof so as to permit him to provide under it a transport service differing in any respect from that already authorised thereby or for a variation of any condition attached to the licence under subsection (1) of section 76 of this Act or of any statement included in it under, or of any condition specified by virtue of, subsection (2) of that section.

• (2) Subsections (2) and (3) of section 72 of this Act shall, so far as applicable and subject to any necessary modifications, apply to any application under this section as they apply to an application for a special authorisation.

• (3) Where a licensing authority receives an application under this section, the authority (unless satisfied that the grant of the application would not result in any material change in the transport service already authorised by the special authorisation) shall send copies of the application to any body to which they would be required to be sent under subsection (1) of section 73 of this Act if the application were an application under that section; and where copies of the application are so sent in pursuance of this subsection, the other provisions of that section and the provisions of section 74 of this Act shall, so far as applicable and subject to any necessary modifications, apply to that application as they apply to an application for a special authorisation.

Revocation and suspension of special authorisations

79

• (1) Subject to the provisions of this section, the licensing authority by whom a special authorisation was granted may direct that it be revoked or suspended on the ground—

• (a) that the holder has contravened section 71 of this Act by using a large goods vehicle otherwise than as permitted by the authorisation or has contravened any condition attached to the authorisation under section 76 of this Act;

• (b) that since the authorisation was granted the holder has been convicted under section 81(4) of this Act;

• (c) that the holder of the authorisation made or procured to be made for the purposes of his application for the authorisation, or for the purposes of an application for the variation of the authorisation, a statement of fact which (whether to his knowledge or not) was false, or a statement of intention or expectation which has not been fulfilled; or

• (d) that there has been since the authorisation was granted or varied a material change in any of the circumstances of the holder of the authorisation which were relevant to the grant or variation of the authorisation;

and during any time of suspension the authorisation shall be of no effect.

• (2) In any case in which a licensing authority has power to give a direction under subsection (1) of this section in respect of any authorisation, the authority shall also have power to direct that any alteration be made in its terms so as to restrict in any respect the transport service which it authorises, or that there be attached to the authorisation any, or any additional, condition such as is mentioned in section 76 of this Act, or that any such condition be altered.

• (3) Where the licensing authority directs that a special authorisation be revoked, the authority may order the person who was the holder thereof to be disqualified, indefinitely or for such period as the authority thinks fit, from holding or obtaining a special authorisation, and so long as the disqualification is in force—

• (a) notwithstanding anything in section 74 or 75 of this Act, no special authorisation shall be granted to him and any special authorisation obtained by him shall be of no effect; and

• (b) if he applies for or obtains a special authorisation he shall be liable on summary conviction to a fine not exceeding £200.

An order under this subsection may be limited so as to apply only to the holding or obtaining of a special authorisation in respect of the area of one or more specified licensing authorities and, if the order is so limited, paragraphs (a) and (b) of this subsection shall apply only to any special authorisation to which the order applies.

• (4) A licensing authority who has made an order under subsection (3) of this section may, in such circumstances as may be prescribed, cancel that order.

• (5) Where the licensing authority gives a direction under this section in respect of a special authorisation held by any person, the authority may also direct that any operator's licence held by that person be revoked, suspended or curtailed and, if he directs that it be revoked, may exercise the powers conferred by section 69(5) to (7) of this Act; and the provisions of section 69(8), (9) and (10) and of section 70(1)(5) of this Act shall apply to any direction or order given or made under or by virtue of this subsection as they apply to any direction or order given or made under any provision of section 69 of this Act.

• (6) The licensing authority shall not exercise any of his powers under subsection (1), (2) or (3) of this section in respect of any authorisation or the holder of any authorisation without first holding an inquiry, if the holder of the authorisation requests him to do so.

• (7) The licensing authority may direct that any direction or order given or made by him under subsection (1), (2) or (3) of this section shall not take effect until the expiration of the time within which an appeal may be made to the Transport Tribunal against the direction or order and, if such an appeal is made, until the appeal has been disposed of; and if the licensing authority refuses to give a direction under this subsection the holder of the authorisation may apply to the tribunal for such a direction, and the tribunal shall give its decision on the application within fourteen days.

Rights of appeal in connection with special authorisations

80

• (1) Subject to subsection (2) of this section, a person who—

• (a) being an applicant for, or for the variation of, a special authorisation, is aggrieved by the refusal of the application or, as the case may be, by the terms or conditions of the authorisation or of the variation; or

• (b) being the holder of a special authorisation in respect of which, or a person in respect of whom, a direction or order has been given or made under section 79(1), (2) or (3) of this Act, is aggrieved by that direction or order; or

• (c) having duly made an objection to an application for, or for the variation of, a special authorisation, is aggrieved by the grant of the application,

may appeal to the Transport Tribunal.

• (2) No appeal shall lie under subsection (1) of this section on the ground that a direction has been given under section 77(2) of this Act in the case of a special authorisation granted to any person if the effect of the direction is that the authorisation will expire on the same day as an operator's licence held by that person.

Enforcement

Consignment notes

81

• (1) Subject to subsection (2) of this section, no goods shall be carried on a large goods vehicle unless a document (in this section referred to as a “consignment note”) in the prescribed form and containing the prescribed particulars has been completed and signed in the prescribed manner and is carried by the driver of the vehicle.

• (2) Subsection (1) of this section shall not apply—

• (a) to the carriage of goods on any journey or in a vehicle of any class exempted from that subsection by regulations; or

• (b) to any carriage of goods which is lawful without the authority of an operator’s licence;

and, subject to the provisions of regulations, a licensing authority may dispense with the observance, as respects the carriage of goods under an operator’s licence granted by him, of any requirement of that subsection, and may grant such a dispensation either generally, or as respects a particular vehicle, or as respects the use of vehicles for a particular purpose, but he shall not grant such a dispensation unless satisfied that it is not reasonably practicable for the requirement dispensed with to be observed.

• (3) The consignment note relating to the goods carried by a vehicle on any journey shall, at the conclusion of that journey, be preserved for the prescribed period by the person who used the vehicle. . . for carrying the goods on that journey.

• (4) Any person who uses or drives a vehicle in contravention of subsection (1) of this section or who fails to comply with subsection (3) thereof shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Powers of entry and inspection

82

• (1) An officer may, on production if so required of his authority, require any person to produce and permit him to inspect and copy—

• (a) any. . . document which is required by or under section. . . 81 of this Act to be carried by that person as driver of a vehicle;

• (b) any. . . document which that person is required by or under that section to preserve;

and that. . . document shall, if the officer so requires by notice in writing served on that person, be produced at the office of the licensing authority specified in the notice within such time (not being less than ten days) from the service of the notice as may be so specified.

• (2) An officer may, on production if so required of his authority—

• (a) at any time, enter any large goods vehicle and inspect that vehicle and any goods carried by it;

• (b) at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that such a vehicle is kept or that any such. . . documents as are mentioned in subsection (1) of this section are to be found, and inspect any such vehicle, and inspect and copy any such. . . document, which he finds there.

• (3) For the purpose of exercising his powers under subsection (1)(a) or (2)(a) of this section, an officer may detain the vehicle in question during such time as is required for the exercise of that power.

• (4) An officer may, at any time which is reasonable having regard to the circumstances of the case, enter any premises of an applicant for an operator’s licence or of the holder of such a licence and inspect any facilities on those premises for maintaining the authorised vehicles in a fit and serviceable condition.

• (5) Any person who—

• (a) fails to comply with any requirement under subsection (1) of this section; or

• (b) obstructs an officer in the exercise of his powers under subsection (2), (3) or (4) of this section,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (6) If an officer has reason to believe that a document or article carried on or by the driver of a vehicle, or a document produced to him in pursuance of this Part of this Act or Schedule 9 thereto, is a document or article in relation to which an offence has been committed under—

• (a) section 83 of this Act; or

• (b) section 233 or 235 of the Act of 1960 as amended by Schedule 10 to this Act,

he may seize that document or article; and where a document or article is seized as aforesaid and within six months of the date on which it was seized no person has been charged since that date with an offence in relation to that document or article under any of those sections and that document or article is still detained, a magistrates’ court shall, on an application made for the purpose by the driver or owner of the vehicle, by the person from whom the document was seized or by an officer, make such order respecting the disposal of the document or article and award such costs as the justice of the case may require.

• (7) Any proceedings in Scotland under the last foregoing subsection shall be taken by way of summary application in the sheriff court; and in the application of that subsection to Scotland references to costs shall be construed as references to expenses.

• (8) In this section “officer” means an examiner appointed under section 66A of the Road Traffic Act 1988 and any person authorised for the purposes of this section by the licensing authority for any area.

• (9) The powers conferred by this section on an officer as defined in subsection (8) of this section shall be exercisable also by a police constable who shall not, if wearing uniform, be required to produce any authority.

Falsification of consignment notes and records

83

Any person who makes, or causes to be made, any. . . document required to be made under section. . . 81 of this Act which he knows to be false or, with intent to deceive, alters or causes to be altered any such. . . document shall be liable—

• (a) on summary conviction, to a fine not exceeding £200;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years.

Evidence by certificate

84

In any proceedings for an offence under this Part of this Act or Schedule 9 thereto a certificate signed by or on behalf of a licensing authority and stating—

• (a) that, on any date, a person was or was not the holder of an operator’s licence,. . . . . . granted by the authority;

• (b) the dates of the coming into force and expiration of any such licence. . . granted by the authority;

• (c) the terms and conditions of any operator’s licence. . . granted by the authority;

• (d) that a person is by virtue of an order of the authority disqualified from holding or obtaining an operator’s licence,. . . . . . licence indefinitely or for a specified period;

• (e) that a direction, having effect indefinitely or for a specified period, has been given by the licensing authority under section 69(6) of this Act in relation to any person;

• (f) that, on any date or during any specified period, any such licence. . . granted by the authority was of no effect by reason of a direction that it be suspended,

shall be evidence, and in Scotland sufficient evidence, of the facts stated; and a certificate stating any of the matters aforesaid and purporting to be signed by or on behalf of a licensing authority shall be deemed to be so signed unless the contrary is proved.

Supplementary

Holding companies and subsidiaries

85

• (1) The Minister may by regulations make provision for the purpose of enabling any company, or other body corporate, which has one or more subsidiaries to hold—

• (a) an operator’s licence under which the authorised vehicles consist of or include vehicles belonging to or in the possession of any of its subsidiaries;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Regulations under this section may modify or supplement any of the provisions of this Part of this Act or Schedule 10 thereto so far as appears to the Minister to be necessary or expedient for the purpose mentioned in subsection (1) of this section or in connection therewith, and may contain such other supplementary and incidental provisions as appear to the Minister to be requisite.

Operators' licences and special authorisations not to be transferable

86

• (1) Subject to any regulations under section 85 of this Act, an operator’s licence is not transferable or assignable.

• (2) Regulations may make provision enabling the licensing authority, where the holder of an operator’s licence granted by him has died or become a patient within the meaning of Part VII of the Mental Health Act 1983, to direct that the licence be treated—

• (a) as not having terminated at the time the licence-holder died or became such a patient but as having been suspended (that is, as having remained in force subject to the limitation that no vehicles were authorised to be used under it) from that time until the time the direction comes into force; and

• (b) as having effect from the time the direction comes into force for a specified period and as being held during that period (for such purposes and to such extent as may be specified) not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.

• (3) Regulations may make provision enabling the licensing authority in prescribed circumstances to direct that any operator’s licence granted by him be treated (for such purposes, for such period and to such extent as may be specified) as held not by the person to whom it was granted but by such other person carrying on that person’s business, or part of that person’s business, as may be specified.

• (4) Regulations may make provision enabling the licensing authority to direct, for the purpose of giving effect to or supplementing a direction given by him by virtue of subsection (2) or (3) of this section, that this Part of this Act apply with specified modifications in relation to the person who is to be treated under the direction as the holder of an operator’s licence.

• (5) In this section “specified”, in relation to a direction, means specified—

• (a) in the regulations under which the direction was given; or

• (b) in the direction in accordance with those regulations.

Inquiries

87

• (1) A licensing authority may hold such inquiries as he thinks necessary for the proper exercise of his functions under this Part of this Act. . .

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Where, as respects the proposed exercise of his powers on any occasion under section 69. . . or 69F of this Act, a licensing authority receives a request for an inquiry from two or more persons he may hold a single inquiry in response to both or all of those requests.

• (4) Subject to any provision made by regulations, any inquiry held by a licensing authority for the purposes of this Part of this Act. . . shall be held in public.

• (5) Information with respect to any particular trade or business which is given at any such inquiry while admission to the inquiry is restricted in accordance with regulations shall not, so long as that trade or business continues to be carried on, be disclosed except—

• (a) with the consent of the person for the time being carrying on that trade or business; or

• (b) for the purpose of the discharge by any person of his functions under this Part of this Act. . . ; or

• (c) with a view to the institution of, or otherwise for the purposes of, any legal proceedings pursuant to or arising out of this Part of this Act. . . (including proceedings before the Transport Tribunal);

and any person who discloses any information in contravention of this subsection shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Provisions relating to Transport Tribunal

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Fees

89

• (1) Such fees, payable at such times, and whether in one sum or by instalments, as may be prescribed shall be charged by the licensing authority in respect of the grant or variation of operators’ licences. . . . . .

• (2) All fees payable under this Part of this Act. . . shall be paid into the Consolidated Fund in such manner as the Treasury may direct.

Appointment and remuneration of officers and servants

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations and orders for purposes of Part V

91

• (1) The Minister may make regulations for any purpose for which regulations may be made under this Part of this Act and for prescribing anything which may be prescribed under this Part of this Act and generally for the purpose of carrying this Part of this Act into effect and, in particular, but without prejudice to the generality of the foregoing provisions of this subsection, may make regulations with respect to the following matters—

• (a) the procedure on applications for, and the determination of questions in connection with, the grant and variation of operators’ licences. . . , and the procedure under, and the determination of questions for the purposes of, sections 69 and 69F of this Act;

• (b) the issue of operators’ licences. . . and the issue on payment of the prescribed fee of copies of such licences. . . in the case of licences. . . lost or defaced;

• (c) the means by which vehicles may be identified, whether by plates, marks or otherwise, as being authorised vehicles. . . ;

• (d) the custody, production, return and cancellation of operators’ licences and of documents, plates and any other means of identification prescribed under paragraph (c) of this subsection;

• (dd) the payment of a prescribed fee in respect of any document, plate or such other means of identification that has been lost, defaced or broken;

• (e) the notification to the licensing authority of vehicles which have ceased to be used under an operator’s licence. . . ;

• (f) the repayment (or partial repayment) in the prescribed circumstances of fees paid under this Part of this Act;

• (g) the circumstances in which goods are to be treated for the purposes of this Part of this Act as carried for hire or reward and the circumstances in which goods are to be treated for those purposes as carried by any person for or in connection with a trade or business carried on by him;

and different regulations may be made as respects different classes of vehicles.

• (2) The power conferred by subsection (1) of this section to make regulations with respect to the means by which vehicles are to be identified as being authorised vehicles. . . shall include power to require that any such means of identification prescribed for a vehicle shall be carried notwithstanding that for the time being the vehicle is not being used for a purpose for which an operator’s licence. . . is required.

• (3) The Minister may by regulations substitute for any weight, distance, volume or area specified by or under this Part of this Act a weight, distance, volume or area expressed in terms of the metric system, being a weight, distance, volume or area which is equivalent to that for which it is substituted or does not differ from it by more than five per cent. thereof.

• (4) The Minister may make regulations—

• (a) for providing that any provision of this Part of this Act shall, in relation to vehicles brought temporarily into Great Britain, have effect subject to such modifications as may be prescribed;

• (b) . . .

and different provision may be made by the regulations for different classes of case.

• (5) A definition or description of a class of vehicles for the purposes of any regulation under this Part of this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatsoever.

• (6) Any person who contravenes a provision of regulations under this section, a contravention of which is declared by the regulations to be an offence, shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

• (7) Any order or regulations made by the Minister under this Part of this Act. . . shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) Before making any regulations under this Part of this Act. . . the Minister shall consult with such representative organisations as he thinks fit.

Interpretation of Part V

92

• (1) In this Part of this Act. . . , unless the context otherwise requires—

• “articulated combination” means a combination made up of—

• (a) a motor vehicle which is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, and

• (b) a trailer attached to it as aforesaid:

• “authorised vehicle” means, in relation to an operator’s licence, a vehicle authorised to be used thereunder, whether or not it is for the time being in use for a purpose for which an operator’s licence is required and whether it is specified therein as so authorised or, being of a type so authorised subject to a maximum number, belongs to the holder of the licence or is in his possession under an agreement for hire-purchase, hire or loan;

• “carriage of goods” includes haulage of goods;

• “carrier’s licence” means a licence granted under Part IV of the Act of 1960;

• “contravention”, in relation to any condition or provision, includes a failure to comply with the condition or provision, and “contravenes” shall be construed accordingly;

• “driver” means, in relation to a trailer, the driver of the vehicles by which the trailer is drawn and “drive” shall be construed accordingly;

• “goods” includes goods or burden of any description;

• “goods vehicle” means, subject to subsection (5) of this section, a motor vehicle constructed or adapted for use for the carriage of goods, or a trailer so constructed or adapted;

• “large goods vehicle” shall be construed in accordance with section 71 of this Act;

• “operating centre”, in relation to any vehicle, means the base or centre at which the vehicle is normally kept, and references to an operating centre of the holder of an operator’s licence are references to any place which is an operating centre for authorised vehicles under the licence;

• “owner”, in relation to any land in England and Wales, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee for any other person, is entitled to receive the rack rent, would be so entitled it it were so let;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Minister under this Part of this Act;

“subsidiary” means a subsidiary as defined by section 736 of the Companies Act 1985;

• “vehicle combination” means a combination of goods vehicles made up of one or more motor vehicles and one or more trailers all of which are linked together when travelling;

and any expression not defined above which is also used in the Act of 1960 has the same meaning as in that Act.

• (2) For the purposes of this Part of this Act, the driver of a vehicle, if it belongs to him or is in his possession under an agreement for hire, hire-purchase or loan, and in any other case the person whose servant or agent the driver is, shall be deemed to be the person using the vehicle; and references to using a vehicle shall be construed accordingly.

• (3) In this Part of this Act references to directing that an operator’s licence be curtailed are references to directing (with effect for the remainder of the duration of the licence or for any shorter period) all or any of the following, that is to say—

• (a) that any one or more of the vehicles specified in the licence be removed therefrom;

• (b) that the maximum number of trailers or of motor vehicles specified in the licence in pursuance of section 61(1)(b) or (c) of this Act be reduced;

• (c) that the addition of authorised vehicles under the said section 61(1)(c) be no longer permitted.

• (d) that any one or more of the places specified in the licence as operating centres be removed therefrom.

• (4) In this Part of this Act, references to the bankruptcy of a person shall, as respects Scotland, be construed as references to an award of sequestration having been made of his estate.

• (5) In this Part of this Act. . . references to goods vehicles do not include references to tramcars or trolley vehicles operated under statutory powers within the meaning of Schedule 4 to the Road Traffic Act 1988.

• (6) Anything required or authorised by this Part of this Act to be done to or by a licensing authority by whom a licence. . . was granted may be done to or by any person for the time being acting as licensing authority for the area for which the first-mentioned authority was acting at the time of the granting of the licence. . . .

Abolition of carriers’ licensing for certain vehicles

Carriers' licences not to be required for small vehicles or for medium vehicles covered by operators' licences

93

• (1) Section 164 of the Act of 1960 (users of goods vehicles to hold carriers’ licences) shall cease to apply to the use of any vehicle the unladen weight of which does not exceed , and any carrier’s licence so far as it authorises the use of such a vehicle shall cease to have effect.

• (2) The said section 164 shall not apply to the use of any vehicle for the use of which an operator’s licence is required, unless that vehicle is a large goods vehicle.

Transitional provisions and amendments

Transitional provisions and amendments

94

• (1) Where, before the day on which section 60 of this Act comes into force in relation to any vehicles, an application for an operator’s licence is made in respect of those vehicles by a person who is the holder of a carrier’s licence in respect of all or any of those vehicles, section 63 of this Act shall not apply to the application and section 64 of this Act shall apply to it with the omission of subsection (2)(b), (c) and (e).

• (2) Notwithstanding section 171(3) of the Act of 1960 (which requires an application for a C licence under Part IV of that Act to be made to the licensing authority for the area in which the principal place of business of the applicant or his head office is situated), any application for such a licence in respect of vehicles which consist of or include vehicles in relation to which section 60 of this Act has come into force shall be made to the licensing authority (within the meaning of the said Part IV) for the area containing the operating centre or operating centres of the vehicles proposed to be used under the licence.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The enactments specified in Part I of Schedule 10 to this Act shall have effect subject to the amendments there specified.

• (8) On the appointed day for the purposes of this subsection—

• (a) the enactments specified in Part II of Schedule 10 to this Act shall have effect subject to the amendments there specified;. . .

• (b) . . .

• (9) Regulations may provide for the repayment in the prescribed circumstances of fees paid under section 182 of the Act of 1960 in respect of carriers’ licences which are in force on the appointed day for the purpose of the last foregoing subsection.

• (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI — Drivers’ Hours

Vehicles and drivers subject to control under Part VI

95

• (1) This Part of this Act shall have effect with a view to securing the observance of proper hours or periods of work by persons engaged in the carriage of passengers or goods by road and thereby protecting the public against the risks which arise in cases where the drivers of motor vehicles are suffering from fatigue ...

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) This Part of this Act applies to—

• (a) passenger vehicles, that is to say—

• (i) public service vehicles; and

• (ii) motor vehicles (other than public service vehicles) constructed or adapted to carry more than twelve passengers;

• (b) goods vehicles, that is to say—

• (i) heavy locomotives, light locomotives, motor tractors and any motor vehicle so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle; and

• (ii) motor vehicles (except those mentioned in paragraph (a) of this subsection) constructed or adapted to carry goods other than the effects of passengers.

• (c) vehicles not falling within paragraph (a) or (b) of this subsection which—

• (i) are vehicles within the meaning given by Article 4 of the Community Drivers’ Hours Regulation; and

• (ii) are not referred to in Article 3 of that Regulation.

• (3) This Part of this Act applies to any such person as follows (in this Part of this Act referred to as “a driver”), that is to say—

• (a) a person who drives a vehicle to which this Part of this Act applies in the course of his employment (in this Part of this Act referred to as “an employee-driver”); and

• (b) a person who drives such a vehicle for the purposes of a trade or business carried on by him (in this Part of this Act referred to as “an owner-driver”);

and in this Part of this Act references to driving by any person are references to his driving as aforesaid.

Permitted driving time and periods of duty

96

• (1) Subject to the provisions of this section, a driver shall not on any working day drive a vehicle or vehicles to which this Part of this Act applies for periods amounting in the aggregate to more than ten hours.

• (2) Subject to the provisions of this section, if on any working day a driver has been on duty for a period of, or for periods amounting in the aggregate to, five and a half hours and—

• (a) there has not been during that period, or during or between any of those periods, an interval of not less than half an hour in which he was able to obtain rest and refreshment; and

• (b) the end of that period, or of the last of those periods, does not mark the end of that working day,

there shall at the end of that period, or of the last of those periods, be such an interval as aforesaid.

• (3) Subject to the provisions of this section, the working day of a driver—

• (a) except where paragraph (b) or (c) of this subsection applies, shall not exceed eleven hours;

• (b) if during that day he is off duty for a period which is, or periods which taken together are, not less than the time by which his working day exceeds eleven hours, shall not exceed twelve and a half hours;

• (c) if during that day—

• (i) all the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more express carriages or contract carriages; and

• (ii) he is able for a period of not less than four hours to obtain rest and refreshment,

shall not exceed fourteen hours.

• (4) Subject to the provision of this section, there shall be, between any two successive working days of a driver, an interval for rest which—

• (a) subject to paragraph (b) of this subsection, shall not be of less than eleven hours;

• (b) if during both those days all or the greater part of the time when he is driving vehicles to which this Part of this Act applies is spent in driving one or more passenger vehicles, may, on one occasion in each working week, be of less than eleven hours but not of less than nine and a half hours;

and for the purposes of this Part of this Act a period of time shall not be treated, in the case of an employee-driver, as not being an interval for rest by reason only that he may be called upon to report for duty if required.

• (5) Subject to the provisions of this section a driver shall not be on duty in any working week for periods amounting in the aggregate to more than sixty hours.

• (6) Subject to the provisions of this section, there shall be, in the case of each working week of a driver, a period of not less than twenty-four hours for which he is off duty, being a period either falling wholly in that week or beginning in that week and ending in the next week; but—

• (a) where the requirements of the foregoing provisions of this subsection have been satisfied in the case of any week by reference to a period ending in the next week, no part of that period (except any part after the expiration of the first twenty-four hours of it) shall be taken into account for the purpose of satisfying those requirements in the case of the next week; and

• (b) those requirements need not be satisfied in the case of any working week of a driver who on each working day falling wholly or partly in that week drives one or more stage carriages if that week is immediately preceded by a week in the case of which those requirements have been satisfied as respects that driver or during which he has not at any time been on duty.

• (7) If in the case of the working week of any driver the following requirement is satisfied, that is to say, that, in each of the periods of twenty-four hours beginning at midnight which make up that week, the driver does not drive a vehicle to which this Part of this Act applies for a period of, or periods amounting in the aggregate to, more than four hours, the foregoing provisions of this section shall not apply to him in that week, except that the provisions of subsections (1), (2) and (3) shall nevertheless have effect in relation to the whole of any working day falling partly in that week and partly in a working week in the case of which that requirement is not satisfied.

• (8) If on any working day a driver does not drive any vehicle to which this Part of this Act applies—

• (a) subsections (2) and (3) of this section shall not apply to that day, and

• (b) the period or periods of duty attributable to that day for the purposes of subsection (5) of this section shall, if amounting to more than eleven hours, be treated as amounting to eleven hours only.

• (9) For the purposes of subsections (1) and (7) of this section no account shall be taken of any time spent driving a vehicle elsewhere than on a road if the vehicle is being so driven in the course of operations of agriculture or forestry.

• (10) For the purpose of enabling drivers to deal with cases of emergency or otherwise to meet a special need, the Minister may by regulations—

• (a) create exemptions from all or any of the requirements of subsections (1) to (6) of this section in such cases and subject to such conditions as may be specified in the regulations;

• (b) empower a traffic commissioner, subject to the provisions of the regulations—

• (i) to dispense with the observance of all or any of those requirements (either generally or in such circumstances or to such extent as the commissioner thinks fit) in any particular case for which provision is not made under paragraph (a) of this subsection;

• (ii) to grant a certificate (which, for the purposes of any proceedings under this Part of this Act, shall be conclusive evidence of the facts therein stated) that any particular case falls or fell within any exemption created under the said paragraph (a);

and regulations under this subsection may enable any dispensation under paragraph (b)(i) of this subsection to be granted retrospectively and provide for a document purporting to be a certificate granted by virtue of paragraph (b)(ii) of this subsection to be accepted in evidence without further proof.

• (11) If any of the requirements of the domestic drivers’ hours code, is contravened in the case of any driver—

• (a) that driver; and

• (b) any other person (being that driver’s employer or a person to whose orders that driver was subject) who caused or permitted the contravention,

shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale; but a person shall not be liable to be convicted under this subsection if he proved to the court—

• (i) that the contravention was due to unavoidable delay in the completion of a journey arising out of circumstances which he could not reasonably have foreseen; or

• (ii) in the case of a person charged under paragraph (b) of this subsection, that the contravention was due to the fact that the driver had for any particular period or periods driven or been on duty otherwise than in the employment of that person or, as the case may be, otherwise than in the employment in which he is subject to the orders of that person, and that the person charged was not, and could not reasonably have become, aware of that fact.

• (11A) Where, in the case of a driver of a motor vehicle, there is ... a contravention , whether occurring in the United Kingdom, an EU member State or another contracting country, of any requirement of the applicable Community rules as to periods of driving, or distance driven, or periods on or off duty, then the offender and the offender’s employer, and any other person to whose orders the offender was subject, shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale

• (11B) But a person shall not be liable to be convicted under subsection (11A) if—

• (a) he proves the matters specified in paragraph (i) of subsection (11); or

• (b) being charged as the offender’s employer or a person to whose orders the offender was subject, he proves the matters specified in paragraph (ii) of that subsection ; or

• (c) being charged as mentioned in paragraph (b) in respect of a contravention of a provision of the Community Drivers' Hours Regulation, he proves—

• (i) that at the time of the contravention he was complying with Article 10(1) (distance-related payments etc) and Article 10(2) (organisation of drivers’ work etc) of the Community Drivers’ Hours Regulation; and

• (ii) that he took all reasonable steps to avoid the contravention; or

• (d) being charged as mentioned in paragraph (b) in respect of a contravention of a provision of the AETR, the person proves—

• (i) that at the time of the contravention the person was complying with Article 11(1) to (3) of the AETR (organisation of drivers' work, distance-related payments etc); and

• (ii) that the person took all reasonable precautions to avoid the contravention.

• (11C) A person who—

• (a) is subject to the requirement imposed by Article 10(4) of the Community Drivers’ Hours Regulation or Article 11(5) of the AETR (undertakings etc to ensure that contractually agreed transport time schedules respect that provision); and

• (b) fails to take all reasonable steps to comply with that requirement,

shall be liable on summary conviction to a fine not exceeding level 4 on the standard

scale.

• (11D) If a driver who is subject to the orders of more than one transport undertaking fails, without reasonable excuse, to provide each of them with sufficient information to enable them to avoid a contravention of Chapter 2 of the Community Drivers’ Hours Regulation, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (12) The Minister may by order—

• (a) direct that subsection (1) of this section shall have effect with the substitution for the reference to ten hours of a reference to nine hours, either generally or with such exceptions as may be specified in the order;

• (b) direct that paragraph (a) of subsection (3) of this section shall have effect with the substitution for the reference to eleven hours of a reference to any shorter period, or remove, modify or add to the provisions of that subsection containing exceptions to the said paragraph (a);

• (c) remove, modify or add to any of the requirements of subsections (2), (4), (5) or (6) of this section or any of the exemptions provided for by subsections (7), (8) and (9) thereof;

and any order under this subsection may contain such transitional and supplementary provisions as the Minister thinks necessary or expedient, including provisions amending any definition in section 103 of this Act which is relevant to any of the provisions affected by the order.

• (13) In this Part of this Act “the domestic driver’s hours code” means the provisions of subsections (1) to (6) of this section as for the time being in force (and, in particular, as modified, added to or substituted by or under any instrument in force under ... subsection (10) or (12) of this section).

Installation and operation of recording equipment in vehicles

97

• (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 EU Tachographs Regulation (including the relevant technical specifications) or the equivalent EU Regulation;

• (ii) complies with the EU Tachographs Regulation (including the relevant technical specifications); and

• (iii) is being used as provided by Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation , or

• (b) in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the EU Tachographs Regulation or the equivalent EU Regulation;

• (1A) A person shall not be liable to be convicted under subsection (1) of this section if he proves to the court that he 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 EU Tachographs Regulation.

• (2) A person shall not be liable to be convicted under subsection (1) (a) of this section if he proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with ... the EU Tachographs Regulation was to be installed in the vehicle in accordance with that Regulation.

• (3) A person shall not be liable to be convicted under subsection (1) (a) of this section by reason of the recording equipment installed in the vehicle in question not being in working order if he 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 37(2) of the EU Tachographs Regulation were being complied with.

• (4) A person shall not be liable to be convicted under subsection (1) (a) of this section by reason of any seal on the recording equipment installed in the vehicle in question not being intact if he 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 27 to 29 and 32 to 37 of the EU Tachographs Regulation.

• (4A) A person shall not be liable to be convicted under subsection (1)(a) of this section by reason of the driver card not being used with the recording equipment installed in the vehicle in question if he proves to the court that—

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

• (b) the requirements of Articles 29(2) to (5), 35 and 37(2) of the EU Tachographs Regulation were being complied with; and

• (c) in all other respects the recording equipment was being used as provided by Articles 27 to 29 and 32 to 37 of that Regulation.

• (4B) A person shall not be liable to be convicted under subsection (1) of this section by reason of using recording equipment which does not bear the relevant UK type-approval mark or the relevant EU type-approval mark (see Article 11A of the EU Tachographs Regulation) if he proves to the court that the use of the recording equipment was in the course of a field test authorised under section 96A.

• (4C) 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 under that subsection in respect of that use,

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

• (4D) A person shall not be liable to be convicted under subsection (4C) in respect of the use of a vehicle if the requirements of Article 10(1) and (2) of the Community Drivers’ Hours Regulation (liability of transport undertakings) and Article 33(1) of the EU Tachographs Regulation (responsibility of transport undertakings) were complied with in relation to that use.

• (5) For the purposes of this section recording equipment is used as provided by Articles 27 to 29 and 32 to 37 of the EU Tachographs Regulation if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

• (6) This section applies at any time to any vehicles to which this Part of this Act applies if, at that time, Article 3 of the EU Tachographs Regulation 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 EU Tachographs Regulation) any expression which it is also used in that Regulation has the same meaning as in that Regulation.

• (7) In this Part of this Act—

• “Commission Implementing Regulation (EU) 2016/799” means Commission Implementing Regulation (EU) 2016/799 of 18 March 2016 implementing Regulation (EU) No 165/2014 of the European Parliament and of the Council laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components, as amended from time to time;

• “Council Regulation (EEC) No 3821/85” means Council Regulation (EEC) No 3821/85 of 20 December 1985 on recording equipment in road transport;

• “the equivalent EU Regulation” means Regulation (EU) No 165/2014 of the European Parliament and of the Council on tachographs in road transport as it has effect in EU law, as amended from time to time;

• “the EU Tachographs Regulation” means Regulation (EU) No. 165/2014 of the European Parliament and of the Council on tachographs in road transport , as amended from time to time, ...

• “recording equipment” means equipment for recording information as to the use of a vehicle.

• “the relevant EU type-approval mark”, in relation to recording equipment, means a type-approval mark issued by an EU member State in relation to that type of recording equipment under Article 14 of the equivalent EU Regulation;

• “the relevant technical specifications” means Annex II of Commission Implementing Regulation (EU) 2016/799, and— in the case of a vehicle put into service for the first time before 1st May 2006—Annex I of the EU Tachographs Regulation,Annex IB of Council Regulation (EEC) No 3821/85 for as long as preserved and applied by Article 46 of the EU Tachographs Regulation, orAnnex 1C to Commission Implementing Regulation (EU) 2016/799;in the case of a vehicle put into service for the first time on or after 1 May 2006 but before the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force—Annex IB of Council Regulation (EEC) No 3821/85 for as long as preserved and applied by Article 46 of the EU Tachographs Regulation; orAnnex IC to Commission Implementing Regulation (EU) 2016/799; andin the case of a vehicle put into service for the first time on or after the date on which the Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 come into force, Annex 1C to Commission Implementing Regulation (EU) 2016/799.

• “the relevant UK type-approval mark”, in relation to recording equipment, means the mark which is “the relevant type-approval mark” in relation to the marking of that equipment, for the purposes of the Motor Vehicles (Type Approval) Regulations 1980.

Written records

98

• (1) The Minister may make regulations—

• (a) for requiring drivers to keep, and employers of employee-drivers to cause to be kept, in such books as may be specified in the regulations records with respect to such matters relevant to the enforcement of this Part of this Act as may be so specified; and

• (b) for requiring owner-drivers and the employers of employee-drivers to maintain such registers as may be so specified with respect to any such books as aforesaid which are in their possession or in that of any employee-drivers in their employment.

• (2) Regulations under this section may contain such supplementary and incidental provisions including provisions supplementary and incidental to the requirements of the applicable Community rules as to books, records or documents as the Minister thinks necessary or expedient, including in particular provisions—

• (a) specifying the person or persons from whom books and registers required for the purposes of the regulations or of the applicable Community rules are to be obtained and, if provision is made for them to be obtained from the Minister, charging a fee for their issue by him (which shall be payable into the Consolidated Fund);

• (b) as to the form and manner of making of entries in such books and registers;

• (c) as to the issue by and return to the employers of employee-drivers of books required to be kept by the latter for the purposes of the regulations;

• (d) requiring any book in current use for the purposes of the regulations to be carried on, or by the driver of, any vehicle, as to the preservation of any books and registers used for those purposes, and otherwise as to the manner in which those books and registers are to be dealt with;

• (e) for exemptions from all or any of the requirements of the regulations in respect of drivers of small goods vehicles as defined in section 103(6) of this Act and for other exemptions from all or any of those requirements.

• (2A) The requirements of regulations made under this section shall not apply as respects the driving of—

• (a) a vehicle to which section 97 of this Act applies and which is installed with recording equipment complying with the EU Tachographs Regulation (including the relevant technical specifications, within the meaning of that section);

• (b) a vehicle to which section 97ZA applies and which is installed with recording equipment complying with the AETR (including the relevant Appendices to the Annex, within the meaning of that section).

• (3) Subject to the provisions of any regulations made by the Minister, a traffic commissioner may dispense with the observance by any employee-driver or his employer, or by any owner-driver, of any requirement imposed under this section, either generally or in such circumstances or to such extent as the commissioner thinks fit, but the traffic commissioner shall not grant such a dispensation unless satisfied that it is not reasonably practicable for the requirement dispensed with to be observed.

• (4) Any person who—

• (a) contravenes any regulations made under this section, or

• (b) contravenes, whether in the United Kingdom, an EU member State or another contracting country, any requirement as to books, records or documents of the applicable Community rules,

shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale, but the employer of an employee-driver shall not be liable to be convicted under this subsection by reason of contravening any such regulation whereby he is required to cause any records to be kept if he proved to the court that he has given proper instructions to his employees with respect to the keeping of the records and has from time to time taken reasonable steps to secure that those instructions are being carried out.

• (4A) A person shall not be liable to be convicted under subsection (4) of this section by reason of contravening any regulation made under this section if he proves to the court that, if the vehicle in question had been such a vehicle as is mentioned in subsection (2A) of this section, there would have been no contravention of the provisions of this Part of this Act so far as they relate to the use of such vehicles.

• (5) Any entry made by an employee-driver for the purposes of regulations under this section or of the applicable Community rules shall, in any proceedings under this Part of this Act, be admissible in evidence against his employer.

Inspection of records and other documents

99

• (1) An officer may, on production if so required of his authority, require any person to produce, and permit him to inspect and copy—

• (a) any book or register which that person is required by regulations under section 98 of this Act to carry or have in his possession for the purpose of making in it any entry required by those regulations or which is required under those regulations to be carried on any vehicle of which that person is the driver;

• (b) any , book or register which that person is required by regulations under section 98 of this Act to preserve;

• (bb) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) if that person is the owner of a vehicle to which this Part of this Act applies, any other document of that person which the officer may reasonably acquire to inspect for the purpose of ascertaining whether the provisions of this Part of this Act or of regulations made thereunder have been complied with;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and that ..., book, register or document shall, if the officer so requires by notice in writing served on that person, be produced at the office of the traffic commissioner specified in the notice within such time (not being less than ten days) from the service of the notice as may be so specified.

• (2) An officer may, on production if so required of his authority—

• (a) at any time, enter any vehicle to which this Part of this Act applies and inspect that vehicle and any recording equipment installed in it and inspect and copy any record sheet on the vehicle on which a record has been produced by means of the equipment or an entry has been made;

• (b) at any time which is reasonable having regard to the circumstances of the case, enter any premises on which he has reason to believe that such a vehicle is kept or that any such record sheets, books, registers or other documents as are mentioned in subsection (1) of this section are to be found, and inspect any such vehicle, and inspect and copy any such record sheet, book, register or document, which he finds there.

• (3) For the purpose of exercising his powers under subsection (2)(a) and, in respect of a document carried on, or by the driver of, a vehicle, under subsection (1)(a) ... of this section, an officer may detain the vehicle in question during such time as is required for the exercise of that power.

• (4) Any person who—

• (a) fails to comply with any requirement under subsection (1) of this section; or

• (b) obstructs an officer in the exercise of his powers under subsection (2) or (3) of this section,

shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (4A) A person shall not be liable to be convicted under subsection (4) of this section by reason of failing to comply with any requirement under subsection (1)(a) or (b) of this section if he proves to the court that, if the vehicle in question had been such a vehicle as is mentioned in section 98(2A) of this Act, there would have been no contravention of the provisions of this Part of this Act so far as they relate to the use of such vehicles.

• (5) Any person who makes, or causes to be made, ...any entry in a book, register or document kept or carried for the purposes of regulations under section 98 thereof ... which he knows to be false or, with intent to deceive, alters or causes to be altered any such record or entry shall be liable—

• (a) on summary conviction, to a fine not exceeding £200;

• (b) on conviction on indictment, to imprisonment for a term not exceeding two years.

• (6) If an officer has reason to believe that an offence under subsection (5) of this section has been committed in respect of any record or document inspected by him under this section, he may seize that record or document; and where a record or document is seized as aforesaid and within six months of the date on which it was seized no person has been charged since that date with an offence in relation to that record or document under that subsection and the record or document has not been returned to the person from whom it was taken, a magistrate’s court shall, on an application made for the purpose by that person or by an officer, make such order respecting the disposal of the record or document and award such costs as the justice of the case may require.

• (7) Any proceedings in Scotland under subsection (6) of this section shall be taken by way of summary application in the sheriff court; and in the application of that subsection to Scotland references to costs shall be construed as references to expenses.

• (8) In this Part of this Act “officer” means an examiner appointed under section 66A of the Road Traffic Act 1988 and any person authorised for the purposes of this Part by a traffic commissioner.

• (9) The powers conferred by this Part of this Act on an officer shall be exercisable also by a police constable, who shall not, if wearing uniform, be required to produce any authority.

• (10) In this section references to the inspection and copying of any record produced by means of recording equipment installed in a vehicle include references to the application to the record of any process for eliciting the information recorded thereby and to taking down the information elicited from it.

• (11) Subsections (1) to (7) and (10) do not apply in respect of vehicles to which section 97 or 97ZA of this Act applies.

Power to give effect to international agreements

100

• (1) The Minister may by order make, in relation to Great Britain, such provision as appears to him to be requisite for enabling the United Kingdom to become a party to any international agreement relating to the drivers or crews of vehicles used on international journeys, and, without prejudice to the generality of the foregoing provisions of this subsection, an order under this subsection may—

• (a) modify or exclude any of the provisions contained in or having effect under this Part of this Act or contained in or having effect under any other enactment passed before or after this Act;

• (b) provide for exemptions from all or any of the provisions of the order;

• (c) provide for the punishment of contraventions of any provision of the order;

• (d) contain such supplementary, incidental or consequential provisions as appear to the Minister to be necessary or expedient.

• (2) The Governor of Northern Ireland may, by Order in the Privy Council of Northern Ireland, make provision in relation to Northern Ireland for any purpose for which provision may be made in relation to Great Britain under subsection (1) of this section, and in relation to any such Order the provisions of that subsection shall apply accordingly as if for references to the Minister there were substituted references to the Governor of Northern Ireland; and any such Order may authorise the Ministry of Home Affairs for Northern Ireland to make regulations for any of the purposes of the Order.

Orders and regulations under Part VI

101

• (1) In relation to orders or regulations made under this Part of this Act, the provisions of this section shall have effect in addition to the provisions of section 157 of this Act.

• (2) Any order or regulations under this Part of this Act may make different provision for different classes of case.

• (3) No order shall be made ... 100(1) of this Act unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament; and any regulations made under this Part of this Act (except regulations made ... by virtue of an Order under section 100(2)) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) No recommendation shall be made to the Governor of Northern Ireland in Council to make an Order under subsection (2) of section 100 of this Act unless a draft thereof has been laid before the Parliament of Northern Ireland and has been approved by resolution of each House of Parliament of Northern Ireland; and an Order under that subsection which authorises the making of regulations may make provision for the laying of such regulations before the Parliament of Northern Ireland and for their annulment in such circumstances as may be specified in the Order.

• (5) A definition or description of a class of vehicles for the purposes of any order or regulation under this Part of this Act may be framed by reference to any characteristic of the vehicles or to any other circumstances whatsoever.

• (6) Before making any order or regulations under this Part of this Act the Minister shall consult with such representative organisations as he thinks fit.

Application to the Crown and exemption for police and fire brigade

102

• (1) Subject to subsection (2) of this section, this Part of this Act shall apply to vehicles and persons in the public service of the Crown.

• (2) This Part of this Act shall not apply in the case of motor vehicles owned by the Secretary of State for Defence and used for naval, military or air force purposes or in the case of vehicles so used while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.

• (3) Where an offence under this Part of this Act is alleged to have been committed in connection with a vehicle in the public service of the Crown, proceedings may be brought in respect of the offence against a person nominated for the purpose on behalf of the Crown; and, subject to subsection (3A) below, where any such offence is committed any person so nominated shall also be guilty of the offence as well as any person actually responsible for the offence (but without prejudice to proceedings against any person so responsible).

• (3A) Where a person is convicted of an offence by virtue of subsection (3) above—

• (a) no order may be made on his conviction save an order imposing a fine,

• (b) payment of any fine imposed on him in respect of that offence may not be enforced against him, and

• (c) apart from the imposition of any such fine, the conviction shall be disregarded for all purposes other than any appeal (whether by way of case stated or otherwise).

• (4) This Part of this Act shall not apply in the case of motor vehicles while being used for police or fire brigade fire and rescue authority purposes or for or in connection with the exercise of any function of the Scottish Fire and Rescue Service or for purposes relating to the functions of Ministry of Defence fire-fighters (as defined in section 16 of the Armed Forces Act 2016).

Interpretation, supplementary provisions, etc., for Part VI

103

• (1) In this Part of this Act—

• “AETR” has the meaning given by section 97ZA(12) of this Act;

• “agriculture” has the meaning assigned by section 109(3) of the Agriculture Act 1947 or, in relation to Scotland, section 86(3) of the Agriculture (Scotland) Act 1948;

• “analogue recording equipment” has the meaning given by section 99ZB(9) of this Act;

• “the Community Drivers’ Hours Regulation” means Regulation (EC) No. 561/2006 of the European Parliament and of the Council as amended from time to time;

• “contracting ... country” means a country ... which is a contracting party to—the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970, as amended; ......

• ...

• “copying” and “copies”, in relation to data stored on a driver card or digital recording equipment, is to be construed in accordance with section 99ZA(5) of this Act;

• “digital recording equipment” has the meaning given by section 99ZA(6) of this Act;

• “driver”, “employee-driver” and “owner-driver” have the meaning assigned by section 95(3) of this Act;

• “driver card” has the meaning given by section 99ZA(6) of this Act;

• “electronic copy” of data has the meaning given by section 99ZA(6) of this Act;

• “employer”, in relation to an employee-driver, means the employer of that driver in the employment by virtue of which that driver is an employee-driver;

• “the EU Tachographs Regulation” has the meaning given by section 97(7) of this Act; the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970, as amended; orthe EEA agreement;

• “field test” has the meaning given by section 96A(1) of this Act;

• “hard copy” in relation to data stored electronically has the meaning given by section 99ZA(6) of this Act;

• “the applicable Community rules” means— the Community Drivers' Hours Regulation, including the AETR; andthe EU Tachographs Regulation;

• “the domestic drivers’ hours code” has the meaning given by section 96(13) of this Act;

• “officer” has the meaning given by section 99(8) of this Act;

• “prescribed” means prescribed by regulations made by the Minister;

• “recording equipment” has the meaning given by section 97(7) of this Act;

• “record sheet” includes a temporary sheet attached to a record sheet in accordance with Article 37(2) of the EU Tachographs Regulation;

• ...

• “transport undertaking” has the meaning given in the Community Drivers’ Hours Regulation;

• “working day”, in relation to any driver, means—

• (a) any period during which he is on duty and which does not fall to be aggregated with any other such period by virtue of paragraph (b) of this definition; and

• (b) where a period during which he is on duty is not followed by an interval for rest of not less than eleven hours or (where permitted by virtue of section 96(4)(b) of this Act) of not less than nine and a half hours, the aggregate of that period and each successive such period until there is such an interval as aforesaid, together with any interval or intervals between periods so aggregated;

• “working week” means, subject to subsection (5) of this section, a week beginning at midnight between Sunday and Monday:

and any expression not defined above which is also used in the Act of 1960 has the same meaning as in that Act.

• (2) For the purposes of this Part of this Act a director of a company shall be deemed to be employed by it.

• (3) In this Part of this Act references to a person driving a vehicle are references to his being at the driving controls of the vehicle for the purpose of controlling its movements, whether it is in motion or is stationary with the engine running.

• (4) In this Part of this Act references to a driver being on duty are references—

• (a) in the case of an employee-driver, to his being on duty (whether for the purpose of driving a vehicle to which this Part of this Act applies or for other purposes) in the employment by virtue of which he is an employee-driver, or in any other employment under the person who is his employer in the first-mentioned employment; and

• (b) in the case of an owner-driver, to his driving a vehicle to which this Part of this Act applies for the purposes of a trade or business carried on by him or being otherwise engaged in work for the purposes of that trade or business, being work in connection with such a vehicle or the load carried thereby.

• (5) A traffic commissioner may, on the application of an owner-driver or of the employer of an employee-driver, from time to time direct that a week beginning at midnight between two days other than Sunday and Monday shall be, or be deemed to have been, a working week in relation to that owner-driver or employee-driver; but where by virtue of any such direction a new working week begins before the expiration of a previous working week then, without prejudice to the application of the provisions of this Part of this Act in relation to the new working week, those provisions shall continue to apply in relation to the previous working week until its expiration.

• (6) In section 98(2)(e) of this Act “a small goods vehicle” means a goods vehicle which has a plated weight of the prescribed description not exceeding 3500 kilograms or (not having a plated weight) has an unladen weight not exceeding 1525 kilograms; but the Minister may by regulations direct that the foregoing provisions of this subsection shall have effect, in relation to either or both of those sections—

• (a) with the substitution for either of the weights there specified of such other weight as may be specified in the regulations;

• (b) with the substitution for either of those weights or for any other weight for the time being specified as aforesaid of a weight expressed in terms of the metric system, being a weight which is equivalent to that for which it is substituted or does not differ from it by more than five per cent. thereof.

• (7) An offence under this Part of this Act may be treated for the purpose of conferring jurisdiction on a court (but without prejudice to any jurisdiction it may have apart from this subsection) as having been committed in any of the following places, that is to say—

• (a) the place where the person charged with the offence was driving when evidence of the offence first came to the attention of a constable or vehicle examiner;

• (b) the place where that person resides or is or is believed to reside or be at the time when the proceedings are commenced: or

• (c) the place where at that time that person or, in the case of an employee-driver, that person’s employer or, in the case of an owner-driver, the person for whom he was driving, has his place or principal place of business or his operating centre for the vehicle in question.

In this subsection “vehicle examiner” means an officer within the meaning of section 99 of this Act.

• (8) The enactments specified in Schedule 11 to this Act shall have effect subject to the amendments there specified.

• (9) Any order made under section 166(2) of this Act appointing a day for the purposes of any of the provisions of this Part of this Act may contain such transitional provision as the Minister thinks necessary or expedient as respects the application of any particular provision of this Part of this Act to a working week or working day falling partly before and partly after the date on which that provision comes into operation.

• (10) A reference in this Part of this Act to Annex IB to the EU Tachographs Regulation has effect, until the coming into force of that Annex, as a reference to Annex IB to Council Regulation (EEC) No. 3821/85 on recording equipment in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007.

Part VII — Inland Waterways

The Board’s waterways

Classification of the Board's waterways

104

• (1) For the purposes of sections 105 to 111 of this Act the inland waterways comprised in the undertakings of the Waterways Board and Canal & River Trust shall be divided into—

• (a) the waterways for the time being specified in Part I of Schedule 12 to this Act, being waterways (in this Part of this Act referred to as “the commercial waterways”) to be principally available for the commercial carriage of freight;

• (b) the waterways for the time being specified in Part II of that Schedule, being waterways (in this Part of this Act referred to as “the cruising waterways”) to be principally available for cruising, fishing and other recreational purposes; and

• (c) the remainder.

• (2) The description contained in the said Schedule 12 of any waterway shall be read subject to any order made by the Minister or, in the case of a waterway in Scotland, the Scottish Ministers for giving greater precision to that description by reference to a map.

• (3) The Minister or, in the case of a waterway in Scotland, the Scottish Ministers may by order transfer any waterway from one Part of the said Schedule 12 to the other Part, remove any waterway from either of those Parts or add to either of those Parts any inland waterway for the time being comprised in the undertaking of the Board or Canal & River Trust which is not for the time being a commercial waterway or a cruising waterway.

• (3A) Canal & River Trust may apply to the Minister for the making of an order under subsection (3).

• (3B) In deciding whether to make an order under subsection (3), the Minister must have regard to the financial position of Canal & River Trust.

• (4) Schedule 13 to this Act shall have effect in relation to the making of any order under subsection (3) of this section, and any such order shall be subject to annulment in the case of an order made by the Minister, in pursuance of a resolution of either House of Parliament in the case of an order made by the Scottish Ministers, in pursuance of a resolution of the Scottish Parliament..

• (5) In subsection (3) of this section references to any waterway include references to any part of that waterway.

Maintenance of the Board's waterways

105

• (1) With a view to securing the general availability of the commercial and cruising waterways for public use, it shall be the duty of the Waterways Board and of Canal & River Trust, in relation to the waterways comprised in their respective undertakings, subject to the provisions of this section—

• (a) to maintain the commercial waterways in a suitable condition for use by commercial freight-carrying vessels; and

• (b) to maintain the cruising waterways in a suitable condition for use by cruising craft, that is to say, vessels constructed or adapted for the carriage of passengers and driven by mechanical power.

• (2) Neither paragraph (a) nor paragraph (b) of subsection (1) of this section shall impose on the Board or Canal & River Trust any duty to maintain a waterway, or any part of a waterway, in a suitable condition for use by any vessel of the kind mentioned in that paragraph unless the dimensions of the vessel (that it to say, its length, width, height of superstructure and draught)—

• (a) correspond to, or are less than, those of a vessel of that kind which customarily used that waterway or part during the period of nine months ending with 8th December 1967; or

• (b) if the waterway or part has been restored or improved since that date, are such as to make it suitable for use on that waterway or part;

but, save as aforesaid, the duty imposed by that paragraph shall extend to any vessel of the kind therein mentioned as respects the dimensions of which paragraph (a) or (b) of this subsection is satisfied.

• (3) If it appears to the Minister that, having regard to any change in the size, design or type of vessel customarily using any commercial waterway or cruising waterway, or any part thereof, or to any other reason the Minister considers relevant to the duty under subsection (1), it is desirable to exercise his powers under this subsection, he may (after consultation with Canal & River Trust) by order substitute for the duty imposed on Canal & River Trust by the foregoing provisions of this section in respect of that waterway or part such duty in respect of the maintenance thereof as he considers appropriate having regard to that change, and may by that order make such incidental or transitional provision as he thinks necessary or expedient in connection therewith.

• (3ZA) Canal & River Trust may apply to the Minister for the making of an order under subsection (3).

• (3ZB) In deciding whether to make any order under subsection (3), the Minister must have regard to the financial position of Canal & River Trust.

• (3A) If it appears to the Scottish Ministers that, having regard to any change in the size, design or type of vessel customarily using any commercial waterway or cruising waterway, or any part of such waterway, it is desirable to exercise their powers under this subsection, they may (after consultation with the Board) by order substitute for the duty imposed on the Board by subsection (1) in respect of that waterway (or part) such duty in respect of the maintenance of such waterway (or part) as they consider appropriate having regard to that change, and may by that order make such incidental or transitional provision as they think necessary or expedient in connection therewith.

• (4) Schedule 13 to this Act shall have effect in relation to the making of any order under subsection (3) or (3A) of this section, and any such order made by the Minister under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament, and an order made by the Scottish Ministers under subsection (3A) is subject to the negative procedure.