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

• Citation: S.I. 2019/453
• Sections: 114

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Drivers' Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019.

(2) Parts 1 and 2 come into force on the 22nd day after the day on which these Regulations are made.

(3) Parts 3 and 4 come into force on exit day.

(4) The following extend to England and Wales, Scotland and Northern Ireland—

(a) Part 1;

(b) Part 2, Chapter 2, regulations 21 and 23;

(c) Part 3, Chapter 2, regulation 49, and Part 3, Chapter 3;

(d) Part 4.

(5) Except for the regulations referred to in paragraphs 4(b) and (c), Part 2 and Part 3, Chapters 1 and 2 extend to England and Wales and Scotland.

Section 2 Transport Act 1968

The Transport Act 1968 is amended as follows.

Section 3

(1) Section 96 is amended as follows.

(2) In subsection (11B) —

(a) in paragraph (c), in the words before sub-paragraph (i), after “paragraph (b)” insert “in respect of a contravention of a provision of the Community Drivers' Hours Regulation ”;

(b) in paragraph (c)(ii) for “contravention.” substitute “ contravention; or ” ;

(c) after paragraph (c) (and the “or” inserted by paragraph (b) above) insert—

(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.

(3) In subsection (11C) —

(a) after “Community Drivers' Hours Regulation” insert “ or Article 11(5) of the AETR ” ;

(b) for “that Regulation” substitute “ that provision ” .

Section 4

In section 97 —

(a) in the heading, at the end insert “ : EU requirements ” ;

(b) for subsection (1)(a)(ii) (but not the “and” at the end) substitute—

(ii) complies with that Regulation (including the relevant Annexes to it);

(c) in subsection (2) omit “the requirements of the relevant Annexes to”;

(d) in subsection (6), after “97G of this Act” insert “ (so far as those sections relate to the EU Tachographs Regulation) ” ;

(e) in subsection (7)—

(i) in the definition of “the EU Tachographs Regulation”, after “transport” insert “ , as amended from time to time, ” ;

(ii) in the definition of “the relevant Annexes”, for “Community Recording Equipment Regulation” substitute “ EU Tachographs Regulation ” .

Section 5

After section 97 insert—

Installation and use of recording equipment: AETR requirements

(97ZA)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(8) Where a person (“the driver”)—

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

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

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

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

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

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

(12) In this Part of this Act—

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

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

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

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

Appendix 2 to that Annex; and

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

Appendix 1B to that Annex; and

Appendix 2 to that Annex.

Supply of recording equipment which is not type-approved

(97ZB)

(1) A person commits an offence if the person supplies, as recording equipment which complies with the EU Tachographs Regulation or the AETR, recording equipment in respect of which no appropriate type-approval certificate is in force.

(2) It is a defence to show that—

(a) the recording equipment was supplied for export from Great Britain,

(b) the person had reasonable cause to believe that the recording equipment would not be installed in a vehicle used on a road in Great Britain or would not be so installed until an appropriate type-approval certificate was in force, or

(c) the person had reasonable cause to believe that the recording equipment would only be installed in a vehicle which was not required under the relevant instrument to have recording equipment installed in it.

(3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(4) Nothing in this section affects the validity of a contract or any rights arising under or in relation to a contract.

(5) In this section—

“ appropriate type-approval certificate ” means—

in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—

issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation, or

issued in another member State under the EU Tachographs Regulation;

in relation to recording equipment supplied as complying with the AETR, a type approval certificate—

issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, or

issued in a contracting third country under the AETR;

“relevant instrument”—

in relation to recording equipment supplied as complying with the EU Tachographs Regulation, means that Regulation;

in relation to recording equipment supplied as complying with the AETR, means the AETR;

“ supplies ” includes—

sells;

offers to sell or supply;

exposes for sale.

Recording equipment system elements: security vulnerabilities

(97ZC)

(1) A person commits an offence if—

(a) the person is a manufacturer of a vehicle unit, motion sensor or tachograph card for which a type-approval certificate has been issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation,

(b) the person knows that security vulnerabilities have been detected for elements already on the market, as mentioned in Article 20(3) of the EU Tachographs Regulation, and

(c) the person fails to inform the Secretary of State that the security vulnerabilities have been detected.

(2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Section 6

In section 97AA(1) , after “97” insert “ or 97ZA ” .

Section 7

In section 97B , for subsection (2) substitute—

(2) Any entry made on a record sheet or printout by a driver for the purposes of—

(a) Article 34(1), (3), (4) or (6) or 37(2) of the EU Tachographs Regulation, or

(b) Article 12(1), (2) or (5) or 13(2)(a) of the Annex to the AETR,

shall, in any proceedings under this Part of this Act, be evidence, and in Scotland sufficient evidence, of the matters appearing from that entry.

Section 8

In section 97C —

(a) in subsection (1)(b), at the end insert “ or the AETR ” ;

(b) in subsection (2), after “97” insert “ or 97ZA ” .

Section 9

In section 97D —

(a) in subsection (1), after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ” ;

(b) in subsection (3), in column 2 of the table entry relating to case 1, in paragraph (b), after “article 10” insert “of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR”.

Section 10

In section 97E —

(a) in subsection (1), after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ” ;

(b) in subsection (3), in column 2 of the table entry relating to case 1, in paragraph (b), after “article 10” insert “of the Community Drivers' Hours Regulation or article 11(2)(b) of the Annex to the AETR”.

Section 11

In section 97F(1)(b) , after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ” .

Section 12

In section 97G(2) , after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ” .

Section 13

In section 97H(3) , after “Community Drivers' Hours Regulation” insert “ or article 11(2)(b) of the Annex to the AETR ” .

Section 14

(1) Section 98(2A) is amended as follows.

(2) The words from “a vehicle” to the end become paragraph (a).

(3) In that paragraph, for the words from “the relevant Annexes” to the end substitute “ the EU Tachographs Regulation (including the relevant Annexes, within the meaning of that section); ” .

(4) After that paragraph insert—

(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).”.

Section 15

In section 99(11) , after “97” insert “ or 97ZA ” .

Section 16

(1) Section 99ZA is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “97” insert “ or 97ZA ” ;

(b) in paragraph (b), after “Regulation” insert “ or the AETR ” .

(3) In subsection (2)(a), after “Regulation” insert “ or Article 12(7)(a) or (b) of the Annex to the AETR ” .

(4) In subsection (6)—

(a) in the definition of “digital recording equipment”, for “Annex 1B to the EU Tachographs Regulation” substitute “ the relevant provision ” ;

(b) in the definition of “driver card”, for “in that annex” substitute “ by the relevant provision ” ;

(c) in the definition of “electronic copy”, for “that Annex” substitute “ the relevant provision ” .

(5) After subsection (6) insert—

(7) In subsection (6) “ relevant provision ” means—

(a) in relation to a vehicle to which section 97 applies, Annex 1B to the EU Tachographs Regulation;

(b) in relation to a vehicle to which section 97ZA applies, Appendix 1B to the Annex to the AETR.

Section 17

(1) Section 99ZB is amended as follows.

(2) In subsection (1), after “97” insert “ or 97ZA ” .

(3) In subsection (4)(a), after “97” insert “ or 97ZA ” .

(4) In subsection (5)(a), after “97” insert “ or 97ZA ” .

(5) In subsection (7)(b), for “EU Tachographs Regulation” substitute “ relevant instrument ” .

(6) For subsections (8) and (9) substitute—

(8) In subsection (7) of this section—

“ relevant person ” means—

if the requirement was imposed by an examiner appointed under section 66A of the Road Traffic Act 1988 , the Secretary of State;

if the requirement was imposed by a constable, the chief officer of police for the police area in which the requirement was imposed;

“ relevant instrument ” means—

in relation to a vehicle to which section 97 applies, the EU Tachographs Regulation;

in relation to a vehicle to which section 97ZA applies, the AETR.

(9) In this Part of this Act, “ analogue recording equipment ” means—

(a) in relation to a vehicle to which section 97 applies, recording equipment that complies with Annex I to the EU Tachographs Regulation;

(b) in relation to a vehicle to which section 97ZA applies, recording equipment that complies with Appendix 1 to Annex 1 to the AETR.

Section 18

In section 99ZE(2)(a) , for “or section 97” substitute “ , the AETR or section 97 or 97ZA ” .

Section 19

In section 103(1) , before the definition of “agriculture” insert—

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

Section 20 Road Traffic Offenders Act 1988

In Schedule 3 to the Road Traffic Offenders Act 1988 , after the entry relating to section 97(1) of the Transport Act 1968 insert—

Section 21 Motor Vehicles (Designation of Approval Marks) Regulations 1979

(1) In the Motor Vehicles (Designation of Approval Marks) Regulations 1979 , the table in Schedule 4 is amended as follows.

(2) In item 3—

(a) in column 3, for “Road transport recording equipment and the model record sheet” substitute “ Vehicle unit, motion sensor, model record sheet and tachograph card ” ;

(b) in column 4, for “The road transport recording equipment and the model record sheet” substitute “ The vehicle unit, motion sensor, model record sheet and tachograph card ” ;

(c) in column 5, for “Council Regulation (EEC) No. 1463/70 of 20th July 1970” substitute “ Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4th February 2014 ” ;

(d) in column 6, for “OJ L164, 27.7.70, p 1” substitute “ OJ L60, 28.2.2014, p 1 ” .

(3) After item 3 insert—

Section 22 Passenger and Goods Vehicles (Recording Equipment) Regulations 1979

In regulation 4(1)(b) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 , after “for the” insert “ approval and ” .

Section 23 Motor Vehicles (Type Approval) Regulations 1980

(1) The Motor Vehicles (Type Approval) Regulations 1980 are amended as follows.

(2) In regulation 3(1)—

(a) in the definition of “component”—

(i) for “section 63(4) of the Road Traffic Act 1972” substitute “ section 80(4) of the Road Traffic Act 1988 ” ;

(ii) for “Council Directive 78/315/EEC of 21st December 1977” substitute “ Directive 2007/46/EC of the European Parliament and of the Council of 5th September 2007 ” ;

(b) in the definition of “road”, for “section 196(1) of the Road Traffic Act 1972” substitute “ section 192(1) of the Road Traffic Act 1988 ” ;

(c) omit the definition of “the Community Directives”;

(d) in the definition of “the Community Regulations”—

(i) omit “Council”;

(ii) omit the words from “concerning” to the end;

(e) in the definition of “the relevant approval mark”, for “section 63 of the Road Traffic Act 1972” substitute “ section 80(1) of the Road Traffic Act 1988 ” ;

(f) in the definition of “the type approval requirements” omit “Community Directives or”.

(3) In regulation 6(1), after “such other documents” insert “ or things ” .

(4) After regulation 12 insert—

Recording equipment which breaches the type approval requirements or displays a general defect

(12A)

(1) The Secretary of State must, by notice under Regulation 13, cancel a type-approval certificate relating to a relevant component of recording equipment if satisfied that the component—

(a) is not in conformity with the type-approval requirements, or

(b) displays a general defect during use which makes it unsuitable for the purpose for which it is intended.

(2) For the purposes of this regulation, each of the following is a relevant component of recording equipment—

(a) the component referred to as a vehicle unit or control device;

(b) the component referred to as a motion sensor or distance and speed sensor;

(c) the component referred to as a model record sheet;

(d) the component referred to as a tachograph card or memory card.

(5) In regulation 16(1) omit “Community Directives or the”.

(6) For Schedule 2, Part 2 substitute—

The Community Regulations

(1) Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 so far as it applies the Annex to the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (which contains requirements corresponding to those contained in Regulation (EU) No 165/2014). See Article 2(3) of Regulation (EC) No 561/2006 .

(2) Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and the Council on the harmonisation of certain social legislation relating to transport .

Section 24 Motor Vehicles (Tests) Regulations 1981

(1) The Motor Vehicles (Tests) Regulations 1981 are amended as follows.

(2) In regulation 3(1)—

(a) omit the definition of “Community Recording Equipment Regulation”;

(b) insert at the appropriate place—

“ EU Tachographs Regulation ” has the meaning given in section 85 of the Road Traffic Act 1988;

(3) In each of the following, for “Community Recording Equipment Regulation” substitute “ EU Tachographs Regulation ”

(a) regulation 13(1)(m);

(b) regulation 20(7)(c)(xix);

(c) paragraph 5(f) of Schedule 2;

(d) paragraph 5A(c) of Schedule 2.

Section 25 Fixed Penalty Order 2000

(1) Schedule 2 to the Fixed Penalty Order 2000 is amended as follows.

(2) In paragraph 2, in table 2—

(a) in column 1 of items 15 and 16, omit “the first sub-paragraph of”;

(b) after item 16 insert—

(c) in column 1 of item 17, for the words from “total” to “Article 6.2” substitute “ accumulated driving time in any two consecutive weeks, in contravention of Article 6.3 ” ;

(d) in column 1 of item 19—

(i) after “Insufficient” insert “ regular ” ;

(ii) for “the first sub-paragraph of Article 8.1” substitute “ Articles 8.1 and 8.2 ” ;

(e) in column 1 of item 20—

(i) omit “(where permitted)”;

(ii) for “the first sub-paragraph of Article 8.1” substitute “ Articles 8.1 and 8.2 ” ;

(f) omit item 21;

(g) for item 22 substitute—

(h) in column 1 of item 23—

(i) for “12 hours in total, in accordance with Article 8.1 of the AETR,” substitute “ at least 12 hours in total ” ;

(ii) at the end insert “ , as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR ” ;

(i) in item 24—

(i) for the entry in column 1 substitute “ 24. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8.1 and 8.3 of the AETR ” ;

(ii) in column 2, for “8 hours” substitute “ 9 hours ” ;

(iii) for “7 hours”, in both places it occurs, substitute “ 8 hours ” ;

(iv) for “6 hours”, in both places it occurs, substitute “ 7 hours ” ;

(j) in column 1 of item 25, for “Articles 6.1 and 8.3” substitute “ Articles 8.1 and 8.6(a) ” ;

(k) omit item 26;

(l) in column 1 of item 27—

(i) omit the words from “of 24 hours” to “driver is based”;

(ii) for “Articles 6.1 and 8.3” substitute “ Articles 8.1 and 8.6(a) ” ;

(m) in column 1 of item 28, for the words from “sufficient” to the end substitute “ equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by Article 8.6(a)(ii) of the AETR ” .

(3) After paragraph 3 insert—

(3A) Section 97ZA Transport Act 1968

Section 26 Road Transport (Working Time) Regulations 2005

In regulation 3(3)(b) of the Road Transport (Working Time) Regulations 2005 , for “Article 2(2)(b)” substitute “ Article 2(2) ” .

Section 27 Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card Fees) Regulations 2005

In regulation 3(2)(a)(i) of the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card Fees) Regulations 2005 , for “Commission Regulation (EEC) No 3820/85 ” substitute “ Regulation (EC) No 561/2006 of the European Parliament and of the Council ” .

Section 28 Community Drivers' Hours and Recording Equipment Regulations 2007

In regulation 3 of the Community Drivers' Hours and Recording Equipment Regulations 2007 , after “Regulation” insert “ and Article 2.2(k) of the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (as applied by Article 2(3) of that Regulation) ” .

Section 29 Road Safety (Financial Penalty Deposit) Order 2009

In Part 1 of the Schedule to the Road Safety (Financial Penalty Deposit) Order 2009 , in Table 1—

(a) in the entry relating to section 97(1) of the Transport Act 1968, in the second column, for the words from “any” to the end substitute, “requirements relating to installation, use or repair of recording equipment in accordance with the EU Tachographs Regulation”;

(b) after that entry insert—

Section 30 Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009

(1) Schedule 2 to the Road Safety (Financial Penalty Deposit) (Appropriate Amount) Order 2009 is amended as follows.

(2) In Table 2—

(a) in column 1 of items 15 and 16, omit “the first sub-paragraph of”;

(b) after item 16 insert—

(c) in column 1 of item 17, for the words from “total” to “Article 6.2” substitute “ accumulated driving time in any two consecutive weeks, in contravention of Article 6.3 ” ;

(d) in column 1 of item 19—

(i) after “Insufficient” insert “ regular ” ;

(ii) for “the first sub-paragraph of Article 8.1” substitute “ Articles 8.1 and 8.2 ” ;

(e) in column 1 of item 20—

(i) omit “(where permitted)”;

(ii) for “the first sub-paragraph of Article 8.1” substitute “ Articles 8.1 and 8.2 ” ;

(f) omit item 21;

(g) for item 22 substitute—

(h) in column 1 of item 23—

(i) for “12 hours in total, in accordance with Article 8.1 of the AETR,” substitute “ at least 12 hours in total ” ;

(ii) at the end insert “ , as required by Article 1(o)(i) of the AETR and in contravention of Articles 8.1 and 8.2 of the AETR ” ;

(i) in item 24—

(i) for the entry in column 1 substitute “ 24. Insufficient rest in 30 hour period by a driver engaged in multi-manning, in contravention of Articles 8.1 and 8.3 of the AETR ” ;

(ii) in column 2, for “8 hours” substitute “ 9 hours ” ;

(iii) for “7 hours”, in both places it occurs, substitute “ 8 hours ” ;

(iv) for “6 hours”, in both places it occurs, substitute “ 7 hours ” ;

(j) in column 1 of item 25, for “Articles 6.1 and 8.3” substitute “ Articles 8.1 and 8.6(a) ” ;

(k) omit item 26;

(l) in column 1 of item 27—

(i) omit the words from “of 24 hours” to “driver is based”;

(ii) for “Articles 6.1 and 8.3” substitute “ Articles 8.1 and 8.6(a) ” ;

(m) in column 1 of item 28, for the words from “sufficient” to the end substitute “ equivalent period of compensatory rest before the end of the third week where reduced weekly rest period has been taken, as required by Article 8.6(a)(ii) of the AETR ” .

(3) After Table 3 insert—

Section 97ZA Transport Act 1968

Section 31 Transport Act 1968

The Transport Act 1968 is amended as follows.

Section 32

In section 95—

(a) in subsection (1) omit the words from “but the” to the end;

(b) omit subsection (1A) .

Section 33

In section 96 (as amended by regulation 3 of these Regulations)—

(a) in subsection (11A) , for “, another member State, or a contracting third country” substitute “ or another contracting country ” ;

(b) in subsection (13) omit “section 95(1) of this Act or”.

Section 34

In section 96A(1)(a) , for “under Article 13” substitute “ as required by Article 11A ” .

Section 35

(1) Section 97 (as amended by regulation 4 of these Regulations) is amended as follows.

(2) In subsection (1)(a)(i), after “technical specifications)” insert “or the equivalent EU Regulation”.

(3) In subsection (1)(b), at the end insert “ or the equivalent EU Regulation ” .

(4) In subsection (4B), for “a type-approval mark issued under Article 14 of the EU Tachographs Regulation” substitute “ the relevant UK type-approval mark or the relevant EU type-approval mark (see Article 11A of the EU Tachographs Regulation) ” .

(5) In subsection (7)—

(a) before the definition of “the EU Tachographs Regulation” insert—

“ 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;

(b) in the definition of “the EU Tachographs Regulation”, omit the words from “as read with” to the end;

(c) after the definition of “recording equipment” insert—

“ 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;

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

(e) at the end insert—

“ 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.

Section 36

In section 97ZB(5) (as inserted by regulation 5 of these Regulations)—

(a) in paragraph (a) of the definition of “appropriate type-approval certificate”, for sub-paragraph (ii) substitute—

(ii) issued under the equivalent EU Regulation;

(b) in paragraph (b) of that definition, in sub-paragraph (ii), for “a contracting third country” substitute “ another contracting country ” ;

(c) after that definition insert—

“ the equivalent EU Regulation ” has the meaning given by section 97(7);

Section 37

In section 98 (as amended by regulation 14 of these Regulations)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in subsection (4)(b) , for “, another member State or a contracting third country” substitute “ or another contracting country ” .

Section 38

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

Section 39

In section 101—

(a) in subsection (3) omit “under section 95(1) or”;

(b) omit subsection (3A) .

Section 40

(1) Section 103(1) (as amended by regulation 19 of these Regulations) is amended as follows—

(a) in the definition of “contracting third country”—

(i) omit “third”;

(ii) omit “other than a member State”;

(iii) omit paragraph (b) (and the “or” before it);

(b) for the definition of “the applicable Community rules”, substitute—

“ the applicable Community rules ” means—

(a) the Community Drivers' Hours Regulation, including the AETR; and

(b) the EU Tachographs Regulation;

(c) omit the definition of “relevant EU provision”.

Section 41 Road Traffic Offenders Act 1988

The Road Traffic Offenders Act 1988 is amended as follows.

Section 42

In section 54(8A)(d) , for “another member State or a contracting third country” substitute “ or in another contracting country ” .

Section 43

In section 75(3C)(d) , for “another member State or a contracting third country” substitute “ or in another contracting country ” .

Section 44

(1) Section 89 is amended as follows.

(2) In subsection (1)—

(a) in the definition of “the applicable Community rules” , for the words from “means” to the end substitute “ has the meaning given by section 103(1) of the Transport Act 1968 ” ;

(b) in the definition of “contracting third country” —

(i) omit “third”;

(ii) omit “other than a member State”;

(iii) omit paragraph (b) (and the “or” before it).

Section 45

In section 90A(6)(c) , for “, another member State or a contracting third country” substitute “ or in another contracting country ” .

Section 46

In section 90F , in the definition of “contracting third country” omit “third”.

Section 47 Road Traffic (Foreign Vehicles) Act 1972

In section 1(1)(a) of the Road Traffic (Foreign Vehicles) Act 1972 , for “an EU instrument” substitute “ a provision of retained direct EU legislation ” .

Section 48 Passenger and Goods Vehicles (Recording Equipment) Regulations 1979

(1) Regulation 4 of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 (as amended by regulation 22 of these Regulations) is amended as follows.

(2) In paragraph (1)—

(a) for the words before sub-paragraph (a) substitute “ This Regulation applies to— ” ;

(b) in sub-paragraph (a) for “for the approval” substitute “ the approval by the Secretary of State ” ;

(c) in sub-paragraph (b) for “for the approval and nomination” substitute “ the approval and nomination by the Secretary of State ” .

(3) In paragraph (2) for “Any approval or nomination under this Regulation” substitute “ An approval or nomination ” .

Section 49 Motor Vehicles (Type Approval) Regulations 1980

(1) The Motor Vehicles (Type Approval) Regulations 1980 (as amended by regulation 23 of these Regulations) are amended as follows.

(2) In regulation 3(1)—

(a) omit the definition of “Member State”;

(b) for the definition of “the relevant approval mark” substitute—

“ the relevant approval mark ”, in relation to the marking of a component of a vehicle, means a marking which is—

(a) designated as an approval mark applicable to such a component pursuant to section 80(1) of the Road Traffic Act 1988, or

(b) an approval mark applicable to such a component under regulations under Article 14 of 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;

(c) omit the words after the definition of “vehicle component” (which interpret references to the competent authority of a Member State other than the United Kingdom).

(3) Omit the following—

(a) in regulation 5(3), the words from “and, within one month” to the end;

(b) regulation 5(4);

(c) regulation 6(2);

(d) regulation 10(3);

(e) regulation 12(1)(b) (and the “or” before it);

(f) regulation 12(2);

(g) regulation 13(1)(b) (and the “and” before it).

Section 50 Road Transport (Working Time) Regulations 2005

(1) The Road Transport (Working Time) Regulations 2005 (as amended by regulation 26 of these Regulations) are amended as follows.

(2) In regulation 3—

(a) in paragraphs (1) and (1A), for “a Member State of the European Union” substitute “ the United Kingdom ” ;

(b) in paragraph (3)(c), for “international transport” substitute “ transport operations wholly or partly outside the United Kingdom ” .

(3) Omit regulation 3A(2) .