Statutory Instruments
1996 No. 941
ROAD TRAFFIC
The Passenger and Goods Vehicles (Recording Equipment) Regulations 1996
Made
26th March 1996
Laid before Parliament
3rd April 1996
Coming into force
25th April 1996
The Secretary of State for Transport, being a Minister designated(1) for the purpose of section 2(2) of the European Communities Act 1972(2) in relation to the regulation of the type, description, construction or equipment of vehicles, in exercise of the powers conferred by that section, hereby makes the following Regulations:—
1. These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) Regulations 1996 and shall come into force on 25th April 1996.
2. The Passenger and Goods Vehicles (Recording Equipment) Regulations 1991(3) and the Passenger and Goods Vehicles (Recording Equipment) Regulations 1994(4) are hereby revoked.
3.—(1) For the definition of “the Community Recording Equipment Regulation” in each of the provisions specified in paragraph (2) below there shall be substituted the following definition:
““the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport(5) as it has effect in accordance with—
(a)
Commission Regulation (EEC) No. 3314/90(6);
(b)
Commission Regulation (EEC) No. 3688/92(7); and
(c)
Commission Regulation (EC) No. 2479/95(8);
and as read with the Community Drivers’ Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations 1986(9);”.
(2) The provisions referred to in paragraph (1) above are:
(a)section 97(7) of the Transport Act 1968(10);
(b)section 85 of the Road Traffic Act 1988(11);
(c)regulation 1(3) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979(12); and
(d)regulation 3(3) of the Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations 1984(13).
Signed by authority of the Secretary of State for Transport
Steven Norris
Parliamentary Under Secretary of State,
Department of Transport
26th March 1996
Explanatory Note
(This note is not part of the Regulations)
These Regulations amend the definition of “the Community Recording Equipment Regulation” in section 97(7) of the Transport Act 1968, section 85 of the Road Traffic Act 1988, regulation 1(3) of the Passenger and Goods Vehicles (Recording Equipment) Regulations 1979 and regulation 3(3) of the Passenger and Goods Vehicles (Recording Equipment) (Amendment) Regulations 1984. The amendments take account of the amendments to Council Regulation (EEC) No. 3821/85 (O.J. No. L370, 31.12.1985, p.8) made by Commission Regulation (EC) No. 2479/95 (O.J. No. L256, 26.10.1995, p.8).
These Regulations incorporate the provisions of two previous amending instruments which are consequently revoked by Regulation 2.
The amendments to the Council Regulation have been made to take account of technical changes in recording equipment in road transport. These amendments:
require electronic recording equipment to be capable of detecting interruptions in the power supply;
require recording equipment to record driving time automatically;
allow the removal, and subsequent refitting by an approved centre, of recording equipment seals to enable speed limiters to be fitted;
require the cable connecting electronic recording equipment to the transmitter to be protected by a continuous steel sheath which may include a joint comprising sealed connections.
(1)
S.I. 1972/1811.
(2)
1972 c. 68.
(3)
S.I. 1991/381.
(4)
S.I. 1994/1838.
(5)
O.J. No. L370, 31.12.85, p.8.
(6)
O.J. No. L318, 17.11.90, p.20.
(7)
O.J. No. L374, 22.12.92, p.12.
(8)
O.J. No. L256, 26.10.95, p.8.
(9)
S.I. 1986/1456; the relevant amending instruments are S.I. 1987/805 and S.I. 1988/760.
(10)
1968 c. 73; amended by S.I. 1979/1746, S.I. 1984/144, S.I. 1986/1457 and S.I. 1989/2121.
(11)
1988 c. 52; to which there are amendments not relevant to these Regulations.
(12)
S.I. 1979/1746; the relevant amending instrument is S.I. 1986/1457.
(13)
S.I. 1984/144; the relevant amending instrument is S.I. 1986/1457.
