The Drivers’ Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019

Northern Ireland Statutory Rule 2019 No. 12 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 8 February 2019
In force from: 11 March 2019
Extent: Not stated
Subject: Road traffic and vehicles
Made under: European Communities Act 1972, Schedule 2 to, the European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision under section 2(2) of the European Communities Act 1972 to fully implement the EU Drivers’ Hours Regulation (Regulation (EC) No 561/2006) and the EU Tachographs Regulation (Regulation (EU) No 165/2014). Article 2(3) of the EU Drivers’ Hours Regulation applies the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (known as the “AETR”) in EU member states, requiring the implementing of the AETR in these states. The Regulations include provision implementing the AETR. Part 1 of the Regulations contains introductory provisions. Part 2 contains amendments to Article 81 of the Road Traffic (Northern Ireland) Order 1981. Article 81 provides for offences against applicable Community rules in relation to periods of driving, distance driven, or periods of off duty. The amendments ensure that contravention of AETR rules also constitutes an offence. Part 3 of the Regulations contains amendments to secondary legislation. These amend and update existing statutory provision to ensure full implementation of EU obligations, including application of AETR rules. In particular, the amendments implement penalties relating to testing requirements for security vulnerabilities, and penalties relating to the prohibition of the supply of recording equipment without a type approval certificate. They also provide for offences and penalties for failure to comply with AETR requirements - in particular, failure to properly install and use recording equipment; supplying recording equipment without a valid type approval certificate; and failing to notify authorities of security vulnerabilities. An impact assessment has not been produced for this instrument as no significant impact on the private or voluntary sector is foreseen. An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

Offences created by this instrument

Installation and use of recording equipment: AETR requirements regulation 3A(2) · Status not determined · Strict liability
Installation and use of recording equipment: AETR requirements regulation 3A(8) · Status not determined · Strict liability
Supply of recording equipment which is not type-approved regulation 3B(1) · Status not determined · Strict liability
Recording equipment system elements: security vulnerabilities regulation 3C(1) · Status not determined · Requires proof of a state of mind
Supply of recording equipment which is not type-approved 3B 1 A person commits an offence if the person supplies, as… regulation 8 · Status not determined · Mixed — some elements strict, some not
Recording equipment system elements: security vulnerabilities 3C 1 A person commits an offence if— a the person is a… regulation 8 · Status not determined · Requires proof of a state of mind

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 2019