The Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019

UK Statutory Instrument 2019 No. 453 — creates 8 criminal offences.

Made

4 March 2019

In force from

Not determined

Extent

Not stated

Subject

Road traffic and vehicles

Made under

European Communities Act 1972, Regulation (EU) No 165/2014, Schedule 2 to, the European Communities Act 1972, Schedule 7 to, the European Union (Withdrawal) Act 2018, Schedule 7 to, the European Union (Withdrawal) Act 2018

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 implementing 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 implementation of the AETR in those States. The provision under section 2(2) includes provision implementing the AETR. The Regulations also make provision in exercise of the powers in section 8(1) of, and Schedule 7, paragraph 21(b) to, the European Union (Withdrawal) Act 2018 (c.16) (“the 2018 Act”) in order to address failures of retained EU law relating to drivers’ hours and tachographs to operate effectively and other deficiencies (in particular under section 8(2)(a), (b), (c) and (g), (3)(a), (5) and (6)) arising from the withdrawal of the United Kingdom from the European Union. Part 1 of the Regulations contains introductory provision. Part 2 contains the amendments made under section 2(2) of the European Communities Act 1972, which update pre-existing references to the two EU Regulations and the AETR, and include references to the EU Tachographs Regulation as amended from time to time and the AETR. The amendments in this Part also implement penalties relating to requirements on testing for security vulnerabilities and penalties relating to the prohibition of the supply of recording equipment without a type approval certificate; and provide for offences and penalties for failure to comply with requirements under AETR, in particular failing to properly install and use recording equipment; supplying recording equipment without a valid type approval certificate; and failing to notify authorities of security vulnerabilities. Chapter 1 of Part 2 amends primary legislation and Chapter 2 of Part 2 amends secondary legislation. Part 3 contains amendments under the 2018 Act to correct deficiencies in existing domestic legislation and EU retained law resulting from the withdrawal of the United Kingdom from the European Union. Chapter 1 of Part 3 amends primary legislation. Chapter 2 of Part 3 amends secondary legislation and Chapter 3 of Part 3 amends retained direct EU legislation. An impact assessment has not been produced for this instrument as no, or 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

• Supply of recording equipment which is not type-approved 97ZB 1 A person commits an offence if the person supplies, as… regulation 5 · Status not determined · Mixed — some elements strict, some not
• Recording equipment system elements: security vulnerabilities 97ZC 1 A person commits an offence if— a the person is a… regulation 5 · Status not determined · Requires proof of a state of mind
• Installation and use of recording equipment: AETR requirements regulation 97ZA(2) · Status not determined · Strict liability
• Installation and use of recording equipment: AETR requirements regulation 97ZA(8) · Status not determined · Strict liability
• Supply of recording equipment which is not type-approved regulation 97ZB · Status not determined · Strict liability
• Supply of recording equipment which is not type-approved regulation 97ZB(1) · Status not determined · Strict liability
• Recording equipment system elements: security vulnerabilities regulation 97ZC · Status not determined · Requires proof of a state of mind
• Recording equipment system elements: security vulnerabilities regulation 97ZC(1) · Status not determined · Requires proof of a state of mind

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Draft Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 Commons · General Committees · 5 February 2019
• Delegated Legislation Commons · Commons Chamber · 6 February 2019 · Mr Deputy Speaker (Sir Lindsay Hoyle)

  With the leave of the House, we shall take motions 4 to 8 together. Motion made, and Question put forthwith (Standing Order No. 118(6)), Exiting the European Union (Private International Law) That the draft Civil Jurisdiction and Judgments (Amendment) (EU Exit) Regulations 2019, which were laid before this House on 12 December 2018, be approved. Exiting the European Union (Financial Services) That the draft Financial Markets and Insolvency (Amendment and Transitional Provision) (EU Exit) Regulations 2019, which were laid before this House on 13 December 2018, be approved. Exiting the…

• Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019 Lords · Lords Chamber · 20 February 2019
• Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 Lords · Lords Chamber · 26 September 2019 · The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)

  My Lords, these regulations, if made, will update the existing domestic enforcement regime to cover some technical issues related to the latest version of tachographs. These new smart tachographs are being installed in some vehicles first registered from 15 June 2019. The regulations ensure that certain rules concerning the new tachographs can be fully enforced. They do not affect vehicles using other types of tachograph. For the benefit of noble Lords who may not be aware, tachographs monitor and record the amount of time a commercial driver has spent driving. Since the 1980s, they have…

• Draft Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019 Commons · General Committees · 7 October 2019 · The Minister of State, Department for Transport (Chris Heaton-Harris)

  I beg to move, That the Committee has considered the draft Passenger and Goods Vehicles (Tachographs) (Amendment etc.) Regulations 2019. It is a pleasure to serve under your chairmanship, Mr Davies. It is my first time, so I hope you treat me gently in your rulings. The draft regulations will ensure that enforcement action can be taken against non-compliance with new tachograph rules that came into force in June 2019. They will update the provisions already in place for older tachographs so that they apply to breaches of the new smart tachograph requirements, which have applied from 15 June.…

• DRIVERS' HOURS AND TACHOGRAPHS (AMENDMENT) REGULATIONS 2020 Commons · General Committees · 25 January 2021 · The Parliamentary Under-Secretary of State for Transport (Rachel Maclean)

  I beg to move, That the Committee has considered the Drivers’ Hours and Tachographs (Amendment) Regulations 2020 (S.I., 2020, No. 1658) (S.I., 2020, No. 1658). It is a pleasure to serve under your chairmanship, Mr Mundell. Following the UK’s decision to leave the EU in the 2016 referendum, the Government have worked hard to develop a positive future relationship with the EU, and we continue to build on that relationship. As part of this effort, the Department for Transport prepared for a range of potential outcomes of the negotiations. That included making a number of EU exit statutory…

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