I ASSENT Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075
Subsidiary Legislation made under s. 69.


TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008


(LN. 2008/075)
Commencement 25.9.2008


Amending
enactments
Relevant current
provisions
Commencement
date

LN. 2012/132 r. 2 & Schs.1, 2 & 3 4.10.2012
2016/037 rr. 2(b), 10(1), 12(2), Sch. 1 2.3.2016


Transposing:
Directive 2006/22/EC
Directive 2009/4/EC
Directive 2009/5/EC
Regulation (EU) No 165/2014

EU Legislation/International Agreements involved:
Directive 88/599/EEC
Regulations (EEC) No. 561/2006
Regulations (EEC) No. 3821/85

______________________

ARRANGEMENT OF REGULATIONS

Regulation
1. Title and commencement.
2. Interpretation.
3. Purpose.
4. Checking systems.
5. Statistics.
6. Roadside checks.
7. Concerted checks.
8. Checks at the premises of undertakings.
Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075 9. Intracommunity liaison.
10. Exchange of information.
11. Risk rating system.
12. Best practice.
13. Negotiations with third countries.
14. Schedules.

SCHEDULE 1

SCHEDULE 2
STANDARD EQUIPMENT TO BE AVAILABLE TO ENFORCEMENT
UNITS

SCHEDULE 3
INFRINGEMENTS
Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075 In exercise of the powers conferred on me by section 69 of the Transport Act
1998 and in order to transpose into the law of Gibraltar Directive
2006/22/EC of the European Parliament and of the Council of 15 March
2006 on minimum conditions for the implementation of Council Regulations
(EEC) No. 561/2006 and (EEC) No. 3821/85 concerning social legislation
relating to road transport activities and repealing Council Directive
88/599/EEC, I have made the following Regulations–

Title and commencement.

1. These Regulations may be cited as the Transport (Recording Equipment)
(Minimum Conditions) Regulations 2008 and come into operation on the
day of publication.

Interpretation.

2. In these Regulations and unless the context otherwise requires–

“competent authority” means such person or persons as the Minister may
appoint for the purposes of these Regulations;

“Directive” means Directive 2006/22/EC of the European Parliament and
of the Council of 15 March 2006 on minimum conditions for the
implementation of Council Regulations (EEC) No. 561/2006 and
(EEC) No. 3821/85 concerning social legislation relating to road
transport activities and repealing Council Directive 88/599/EEC;

“EC Regulations” means–

(a) 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, as amended; and

(b) 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
of the Council on the harmonisation of certain social legislation
relating to road transport, as the same may be amended from
time to time;

Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075 “Minister” means the Minister with responsibility for Traffic or the
Minister with responsibility for public transport, as the case may
be;

“Principal Secretary” means the Principal Secretary of the Ministry
responsible for transport.

Purpose.

3. These Regulations lay down minimum conditions for the implementation
of the EC Regulations.

Checking systems.

4.(1) The competent authority shall implement a system of appropriate and
regular checks on the correct and consistent implementation of the EC
Regulations both at the roadside and at premises of undertakings of all
transport categories.

(2) The checks referred to in sub-regulation (1) shall cover each year a
large and representative cross-section of mobile workers, drivers,
undertakings and vehicles of all transport categories falling within the scope
of the EC Regulations.

(3) The Minister shall prepare a national enforcement strategy for
Gibraltar. For this purpose, the Minister may designate a body for the
coordination of actions taken under regulations 6 and 8 and shall ensure that
the European Commission and the Member States are informed thereof.

(4) The competent authority shall organise the checks referred to in sub-
regulation (1) in such a way that 2% of days worked by drivers of vehicles
falling within the scope of the EC Regulations are checked. This percentage
will increase to at least 3% from 1 January 2010.

(5) In carrying out checks under this regulation not less than 30% of the
total number of the working days checked shall be checked at the roadside
and not less than 50% shall be checked at the premises of undertakings.

(6) The information submitted to the European Commission in accordance
with Article 17(1) of Regulation (EEC) No 561/2006 shall include the
following information–

(a) the number of drivers checked at the roadside;

(b) the number of checks at the premises of undertakings;
Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075
(c) the number of working days checked; and

(d) the number and type of infringements reported,

together with a record of whether passengers or goods were transported.

Statistics.

5.(1) The competent authority shall ensure that statistics collected from the
checks organised in accordance with regulation 4(1) to (5) are broken down
into the following categories–

(a) for roadside checks

(i) type of road and country of registration of the vehicle
inspected, in order to avoid discrimination;

(ii) type of tachograph: analogue or digital;

(b) for checks at the premises–

(i) type of transport activity, namely whether the activity is
international or domestic, passenger or freight, own
account or for hire or reward;

(ii) size of company fleet;

(iii) type of tachograph: analogue or digital.

(2) The statistics referred to in sub-regulation (1) shall be submitted
biannually to the European Commission and shall be published in a report.
The competent authority shall keep a record of the data collected for the
previous year.

(3) Undertakings responsible for drivers shall keep, for a period of one
year, the documents, records of results and other relevant data passed to
them by the competent authority concerning checks carried out on them at
their premises and/or on their drivers at the roadside.

Roadside checks.

6.(1) The competent authority shall organise roadside checks in various
places and at different times and shall cover a sufficiently extensive part of
the road network to make it difficult to avoid checkpoints.
Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075
(2) The competent authority shall ensure that–

(a) sufficient provision is made for checkpoints on or nearby
existing and planned roads and, if necessary, that service
stations and other safe locations along roadways can function
as checkpoints;

(b) checks are carried out following a random rotation system, with
an appropriate geographical balance.

(3) The points to be verified at roadside checks are set out in Part A of
Schedule 1. Checks may focus on a specific point if the situation so requires.

(4) Without prejudice to regulation 11(2), roadside checks shall be carried
out without discrimination. In particular, the competent authority shall not
discriminate on any of the following grounds–

(a) country of registration of the vehicle;

(b) country of residence of the driver;

(c) country of establishment of the undertaking;

(d) origin and destination of the journey;

(e) type of tachograph: analogue or digital.

(5) The competent authority shall be provided by the Minister with–

(a) a list of the principal points to be checked, as set out in Part A
of Schedule 1;

(b) standard checking equipment, as set out in Schedule 2.

(6) Where the findings of a roadside check on the driver of a vehicle
registered in a Member State afford grounds for believing that infringements
have been committed which cannot be established during the check owing to
a lack of necessary data, the Minister may instruct the competent authority
to either–

(a) assist the competent authority; or

(b) seek assistance from the competent authority,

Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075 of that Member State in order to clarify the situation.

Concerted checks.

7.(1) The competent authority shall, at least six times per year, undertake
concerted roadside checks with the competent authority of at least one
Member State on drivers and vehicles falling within the scope of the EC
Regulations.
(2) Checks pursuant to sub-regulation (1) shall be undertaken at the same
time and each competent authority shall operate in its own territory.

Checks at the premises of undertakings.

8.(1) Checks at premises shall be planned in the light of past experience in
relation to the various types of transport and undertakings, and shall also be
carried out if serious infringements of the EC Regulations have been
detected at the roadside.

(2) Checks at premises shall cover the points listed in Parts A and B of
Schedule 1.

(3) The competent authority shall be provided by the Minister with–

(a) a list of the principal points to be checked, as set out in Parts A
and B of Schedule 1;

(b) standard checking equipment, as set out in Schedule 2.

(4) The competent authority shall, in the course of the check, take into
account any information provided by the designated liaison body of a
Member State concerning the activities of the undertaking in question in that
Member State.

(5) For the purposes of sub-regulations (1) to (4), checks carried out at the
premises of the competent authority, on the basis of relevant documents or
data handed over by undertakings at the request of the competent authority,
shall have the same status as checks carried out at the premises of
undertakings.

Intracommunity liaison.

9.(1) The Principal Secretary is designated to perform the tasks set out in
sub-regulation (2).

Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075 (2) The Principal Secretary shall have the following tasks–

(a) to ensure coordination with equivalent persons in the Member
States concerned as regards actions taken under regulation 7;

(b) to forward the biannual statistical returns to the European
Commission under Article 17(1) of Regulation (EEC) No.
561/2006;

(c) to be primarily responsible for assisting the competent
authorities of Member States pursuant to regulation 6(6).

(3) The Minister shall ensure that the European Commission is notified of
the designation made pursuant to sub-regulation (1).

Exchange of information.

10.(1) Information made available bilaterally under Article 22(2) of
Regulation (EEC) No. 561/2006 or Article 40 of Regulation (EU) No
165/2014 as amended from time to time, shall be exchanged between the
Principal Secretary and the bodies in Member States designated in
accordance with Article 7(2) of the Directive.

(2) The exchange of information referred to in sub-regulation (1) shall
take place

(a) at least once every six months; or

(b) upon specific request by a Member State in individual cases.

Risk rating system.

11.(1) The Minister shall introduce a risk-rating system for undertakings
based on the relative number and severity of any infringements of the EC
Regulations that an individual undertaking has committed.

(2) Undertakings with a high-risk rating shall be checked more closely and
more often.

(3) An initial list of infringements of the EC Regulations is set out in
Schedule 3.

Best practice.

Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075 12.(1) The competent authority shall establish joint training programmes on
best practice with its counterparts in the Member States. The programmes
shall be held at least once per year and shall facilitate the annual exchange
of staff of the respective competent authorities.

(2) An electronic and printable form, drawn up by the European
Commission in accordance with Article 11 (3) of the Directive, shall be
used when a driver

(a) has been on sick leave,

(b) has been on annual leave, or

(c) has driven another vehicle exempted from the scope of
Regulation (EEC) No 561/2006,

during the period mentioned in Article 36 of Regulation (EU) No 165/2014.

(3) The Minister shall ensure that the competent authority is well trained
for the execution of its tasks.

Negotiations with third countries.

13. Pending the conclusion of negotiations by the Community with third
countries, the competent authority shall include data on checks carried out
on vehicles from third countries in their returns to the European
Commission as set out in Article 17(1) of Regulation (EEC) No 561/2006

Schedules.

14. The Schedules shall have effect.

Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075
SCHEDULE 1
Regulations 6, 8 and 14

PART A

ROADSIDE CHECKS

The following points shall, in general, be covered by roadside checks–

(1) daily and weekly driving times, breaks and daily and weekly
rest periods; also the preceding days’ record sheets which have
to be carried on board the vehicle in accordance with 36 of
Regulation (EU) No 165/2014 and/or the data stored for the
same period on the driver card and/or in the memory of the
recording equipment in accordance with Schedule 2 and/or on
printouts;

(2) for the period referred to in Article 36 of Regulation (EU) No
165/2014, any cases where the vehicle’s authorised speed is
exceeded, to be defined as being any periods of more than one
minute during which the vehicle’s speed exceeds 90 km/h for
category N3 vehicles or 105 km/h for category M3 vehicles
(categories N3 and M3 being defined in Annex 2, Part A to
Council Directive 70/156/EEC of 6 February 1970 on the
approximation of the laws of the Member States relating to the
type-approval of motor vehicles and their trailers;

(3) where appropriate, momentary speeds attained by the vehicle as
recorded by the recording equipment in no more than the
previous 24 hours’ use of the vehicle;

(4) the correct functioning of the recording equipment
(determination of possible misuse of the equipment and/or the
driver card and/or record sheets) or, where appropriate,
presence of the documents referred to in Article 16(2) of
Regulation (EEC) No 561/2006;

(5) Where appropriate, and with due regard to safety
considerations, a verification of the recording equipment
installed in vehicles in order to detect the installation and/or the
use of any device, or devices, intended to destroy, suppress,
manipulate or alter any data, or which is intended to interfere
with any part of the electronic data exchange between the
Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075 component parts of recording equipment, or which inhibits or
alters the data in such ways prior to encryption.


PART B

CHECKS AT THE PREMISES OF UNDERTAKINGS

The following points shall be checked at the premises of undertakings, in
addition to those set out in Part A–

(1) weekly rest periods and driving times between these rest
periods;

(2) observance of the two-weekly limitation of driving times;

(3) record sheets, vehicle unit and driver card data and printouts.

The competent authority may, if appropriate, check on the joint liability of
other instigators or accessories in the transport chain, such as shippers,
freight forwarders or contractors, if an infringement is detected, including
verification that contracts for the provision of transport permit compliance
with the EC Regulations.

Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075
SCHEDULE 2
Regulations 6, 8 and 14

STANDARD EQUIPMENT TO BE AVAILABLE TO
ENFORCEMENT UNITS

The competent authority shall ensure that the following standard equipment
is available to enforcement units carrying out the duties set out in Schedule
1 as follows–

(1) equipment capable of downloading data from the vehicle unit
and driver card of the digital tachograph, reading data, and
analysing data and/or transmitting findings to a central database
for analysis;

(2) equipment to check the tachograph sheets;

(3) Specific analysis equipment, with appropriate software, to
verify and confirm the digital signature attached to data, as well
as specific analysis software to provide a detailed speed profile
of vehicles prior to the inspection of their recording equipment.



Transport TRANSPORT (RECORDING EQUIPMENT) (MINIMUM
CONDITIONS) REGULATIONS 2008

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
1998-44
Subsidiary
2008/075
SCHEDULE 3
Regulations 11 and 14

INFRINGEMENTS

In accordance with regulation 11(3), the following table contains guidelines
on a common range of infringements of Regulation (EC) No, 561/2006 and
Regulation (EEC) No. 3821/85, divided into categories according to their
gravity.

1. Groups of infringements against Regulation (EC) No, 561/2006
No Legal
Basis
Type of Infringement Level of
Seriousness*
VSI SI MI
A Crew
A1 Art.5.
1
Not respecting minimum ages for
drivers
X
B Driving periods
B1 Art.
6.1
Exceed daily
driving time of 9h
if possibilities of
10h not allowed
9h