The Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019

• Citation: S.I. 2019/596
• Sections: 18

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Drivers' Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019.

(2) Parts 1 and 4 of these Regulations come into force on the 22nd day after the day on which these Regulations are laid.

(3) Parts 2 and 3 of these Regulations come into force on the later of exit day or the 22nd day after the day on which these Regulations are laid.

(4) Part 1 extends to the United Kingdom.

(5) Parts 2 and 3 of these Regulations extend to Northern Ireland only.

Section 2 Road Traffic (Northern Ireland) Order 1981

The Road Traffic (Northern Ireland) Order 1981 is amended as follows.

Section 3

In Article 2(2) —

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

“ applicable Community rules ” means—

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

(b) the EU Tachographs Regulation;

(b) omit the definition of “relevant Community provision”;

(c) insert in the appropriate place in alphabetical order—

“ EU Tachographs Regulation ” means Regulation (EU) No. 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, as amended from time to time;

Section 4

In Article 56(6) , omit “, any provision made by regulations under Article 83 by way of substitution for or adaptation of those provisions,”.

Section 5

Omit Article 83.

Section 6 Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996

The Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996 are amended as follows.

Section 7

Regulation 2(1) is amended as follows—

(a) insert in the appropriate place in alphabetical order—

“ 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) insert in the appropriate place in alphabetical order—

“ 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;

(c) insert in the appropriate place in alphabetical order—

“ 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 ;

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

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 8

In regulation 2A(1)(a) , for “under Article 13” substitute “ as required by Article 11A ” .

Section 9

(1) Regulation 3 is amended as follows.

(2) In paragraph (1)(a)(i) after “technical specifications” insert “or the equivalent EU Regulation”;

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

(4) In paragraph (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 ” .

Section 10

In regulation 3B(5) , in the definition of “appropriate type-approval certificate” —

(a) in sub-paragraph (a), for paragraph (ii) substitute—

(ii) issued under the equivalent EU Regulation;

(b) in sub-paragraph (b), in paragraph (ii), for “a contracting third country” substitute “ another contracting country ” .

Section 11

(1) Regulation 8 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 “the approval” substitute “ the approval by the Department ” ;

(c) in sub-paragraph (b), for “the approval and nomination” substitute “ the approval and nomination by the Department ” .

(3) In paragraph (2), omit “under paragraph (1)”.

Section 12 Road Transport (Working Time) Regulations (Northern Ireland) 2005

In regulation 3 of the Road Transport (Working Time) Regulations (Northern Ireland) 2005 —

(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 ” .

Section 13 Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009

The Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 2009 are amended as follows.

Section 14

(1) Regulation 3 is amended as follows.

(2) In paragraph (1)—

(a) omit “Pursuant to Article 13(1) of the Community Drivers' Hours Regulation,”;

(b) for “that Regulation” substitute “the Community Drivers' Hours Regulation”.

(3) In paragraph (2)—

(a) omit “Pursuant to Article 14(1) of the Community Drivers' Hours Regulation,”;

(b) for “that Regulation” substitute “the Community Drivers' Hours Regulation”.

Section 15

(1) Regulation 5 is amended as follows.

(2) In paragraph (1)—

(a) omit “Pursuant to Article 3(2) of the EU Tachographs Regulation,”;

(b) for “that Regulation” substitute “ the EU Tachographs Regulation ” .

(3) In paragraph (2)—

(a) omit “Pursuant to Article 3(3) of the EU Tachographs Regulation,”;

(b) for “that Regulation” substitute “ the EU Tachographs Regulation ” .

Section 16 International Road Transport Permits (EU Exit) Regulations 2018

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Section 17

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Section 18

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