|
| |
|
25 | For section 141A (meaning of “motor car”) substitute— |
| |
“141A | Interpretation of Part 5 |
| |
(1) | For the purposes of this Part of this Act persons may carry on |
| |
business in the provision of driving instruction in any way, |
| |
| 5 |
(a) | by giving instruction themselves, |
| |
(b) | by arranging for the giving of driving instruction by their |
| |
| |
(c) | by arranging for the giving of driving instruction by persons |
| |
who are franchisees under driving instruction franchises |
| 10 |
under which they are the franchisor. |
| |
(2) | In this Part of this Act a “driving instruction franchise” is an |
| |
agreement under which one party (the “franchisor”) grants to |
| |
another party (a “franchisee”) rights consisting of or including the |
| |
right to use a particular trading name, style or design in the carrying |
| 15 |
on of business in the giving of driving instruction. |
| |
(3) | In this Part of this Act references to “the franchisor” and “a |
| |
franchisee”, in relation to a driving instruction franchise, shall be |
| |
| |
(4) | In this Part of this Act “current”, in relation to a licence or certificate, |
| 20 |
means one which has not expired and has not been cancelled, |
| |
| |
(5) | In this Part of this Act— |
| |
(a) | “Community licence” and “counterpart”, in relation to a |
| |
| 25 |
(b) | “provisional licence”, |
| |
| have the same meanings as in Part 3 of this Act.” |
| |
26 | For section 142 substitute— |
| |
| |
The expressions listed in the left-hand column below are respectively |
| 30 |
defined or (as the case may be) fall to be construed in accordance |
| |
with the provisions of this Part of this Act listed in the right-hand |
| |
column in relation to those expressions. |
| |
| | | | | | Appropriate motor vehicle |
| | | 35 | | Carry on business in the provision of |
| | | | | | | | | | Community licence and counterpart |
| | | | | Current (in relation to a licence or |
| | | | | | | | 40 |
|
|
| |
|
| |
|
| | | | | | Disability, prospective disability and |
| | | | | | | | | | Disabled person’s limited driving |
| | | | | | | | 5 | | | | | | | Driving instruction franchise (and |
| | | | | franchisor and franchisee) |
| | | | | Emergency control assessment and |
| | | | | emergency control certificate |
| | | 10 | | Modifications, in relation to a motor |
| | | | | | | | | | | | | | | | | | | | Registered and registration |
| | | 15 | | | | | | | Registered disabled instructor |
| | | | | | | | | | | | | | | Relevant instructor examination |
| | | 20 |
|
|
27 | In section 183 (application to Crown), after subsection (6) insert— |
| |
“(6A) | The Secretary of State may by regulations provide that Part 5 of this |
| |
Act is to apply in relation to persons in the public service of the |
| |
Crown but subject to any prescribed omissions, additions or other |
| |
| 25 |
28 | In section 195(2) (duty to consult before making regulations under any |
| |
provision other than section 8(3) and Part 5), omit “or Part 5”. |
| |
Road Traffic Offenders Act 1988 (c. 53) |
| |
29 (1) | Schedule 2 to the Road Traffic Offenders Act 1988 (prosecution and |
| |
punishment of offences) is amended as follows. |
| 30 |
(2) | In the entry relating to section 123(4) of the Road Traffic Act 1988 (c. 52)— |
| |
(a) | in column 1, for “123(4)” substitute “123A(1) and (2)”, and |
| |
(b) | in column 2, for “by unregistered and unlicensed persons or their |
| |
employers” substitute “, and carrying on of business in provision of |
| |
driving instruction, by unregistered persons”. |
| 35 |
(3) | In the entry relating to section 123(6) of that Act— |
| |
(a) | in column 1, for “123(6)” substitute “123A(4)”, and |
| |
|
| |
|
| |
|
(b) | in column 2, for “without there being exhibited in the motor car a |
| |
certificate of registration or a licence under RTA Part 5” substitute “, |
| |
and carrying on of business in provision of driving instruction, |
| |
without prescribed requirements relating to displaying of evidence |
| |
of registration under RTA Part 5 being complied with”. |
| 5 |
(4) | In the entry relating to section 133C(4), in column 2, omit “or licensed”. |
| |
(5) | In the entry relating to section 133D, in column 2, omit “or their employers”. |
| |
(6) | In the entry relating to section 135, for the words in column 2 substitute |
| |
“Misuse of evidence of registration etc.”. |
| |
(7) | In the entries relating to sections 136 and 137, in column 2, for “or licence” |
| 10 |
| |
| |
| |
Drivers’ hours: enforcement |
| |
Transport Act 1968 (c. 73) |
| |
1 | Part 6 of the Transport Act 1968 (drivers’ hours) is amended as follows. |
| 15 |
2 (1) | Section 97 (installation and use of recording equipment) is amended as |
| |
| |
(2) | In subsection (1)(a)(ii), for “Annexes I and II” substitute “the relevant |
| |
| |
(3) | In subsection (2), for “Annexes I and II of” substitute “the relevant Annexes |
| 20 |
| |
(4) | Subsection (7) is amended as follows. |
| |
(5) | In the definition of “the Community Recording Equipment Regulation”, at |
| |
the end of paragraph (c) insert— |
| |
“(d) | Commission Regulation (EC) 1056/97; |
| 25 |
(e) | Article 1 of Commission Regulation (EC) 2135/98; |
| |
(f) | Commission Regulation (EC) 1360/2002; |
| |
(h) | Commission Regulation (EC) 432/2004; and |
| |
(i) | any regulations adopted in accordance with the |
| |
procedure laid down in Article 18 to the Community |
| 30 |
Recording Equipment Regulation making |
| |
amendments necessary to adapt the Annexes to that |
| |
Regulation to technical progress;”. |
| |
| |
“the relevant Annexes” to the Community Recording Equipment |
| 35 |
| |
(a) | in the case of a vehicle put into service for the first time before |
| |
the date specified in an order made by the Secretary of State |
| |
| |
(i) | either Annex I or Annex IB to that Regulation; and |
| 40 |
(ii) | Annex II to that Regulation; and |
| |
|
| |
|
| |
|
(b) | in the case of a vehicle put into service for the first time on or |
| |
| |
(i) | Annex IB to that Regulation; and |
| |
(ii) | Annex II to that Regulation.” |
| |
3 | In section 98(2A) (written records), for “in relation to which subsection (1)(b) |
| 5 |
of that section has come into force” substitute “which is installed with |
| |
recording equipment complying with the relevant Annexes (within the |
| |
meaning of that section)”. |
| |
4 | For section 99 (inspection of records and other documents) substitute— |
| |
“99ZA | Inspection of records and other documents and data |
| 10 |
(1) | An officer may, on production if so required of his authority, require |
| |
any person to produce, and permit him to inspect, remove, retain |
| |
| |
(a) | any book or register which that person is required by |
| |
regulations under section 98 of this Act to carry or have in his |
| 15 |
possession for the purpose of making in it any entry required |
| |
by those regulations or which is required under those |
| |
regulations to be carried on any vehicle of which that person |
| |
| |
(b) | any book or register which that person is required by |
| 20 |
regulations under section 98 of this Act to preserve; |
| |
(c) | if that person is the owner of a vehicle to which this Part of |
| |
this Act applies, any other document of that person which the |
| |
officer may reasonably require to inspect for the purpose of |
| |
ascertaining whether the provisions of this Part of this Act or |
| 25 |
of regulations made under it have been complied with; |
| |
(d) | any record sheet or hard copy of electronically stored data |
| |
which that person is required by the Community Recording |
| |
Equipment Regulation to retain or to be able to produce; |
| |
(e) | any book, register or other document required by the |
| 30 |
applicable Community Rules or which the officer may |
| |
reasonably require to inspect for the purpose of ascertaining |
| |
whether the requirements of the applicable Community rules |
| |
| |
(2) | An officer may, on production if so required of his authority, require |
| 35 |
| |
(a) | to produce and permit him to inspect any driver card which |
| |
that person is required by Article 15(7) of the Community |
| |
Recording Equipment Regulation to be able to produce; and |
| |
(b) | to permit the officer to copy the data stored on the driver card |
| 40 |
(and to temporarily remove the driver card if necessary for |
| |
the purpose of doing so) and to remove and retain the copy. |
| |
(3) | If the officer so requires by notice in writing, anything that a person |
| |
is required to produce under subsection (1) or (2) of this section shall, |
| |
instead of being produced when the requirement under those |
| 45 |
subsections is imposed, be produced at an address specified in the |
| |
notice, within such time (not being less than ten days) from the |
| |
service of the notice as is so specified. |
| |
|
| |
|
| |
|
(4) | Where a notice is served under subsection (3) of this section, the |
| |
officer may exercise his powers under this section at the place |
| |
| |
(5) | The powers conferred by this Part of this Act on an officer shall be |
| |
exercisable also by a constable, who shall not, if wearing uniform, be |
| 5 |
required to produce his authority to exercise them. |
| |
(6) | In this Part of this Act any reference to copying data stored on a |
| |
driver card or on digital recording equipment includes a reference to |
| |
making a hard copy or an electronic copy of the data (and any |
| |
reference to copies of data shall be construed accordingly). |
| 10 |
(7) | In this Part of this Act— |
| |
“digital recording equipment” means recording equipment that |
| |
complies with Annex IB to the Community Recording |
| |
| |
“driver card” has the meaning given in that Annex; |
| 15 |
“electronic copy” of data means a copy of data stored |
| |
electronically together with the data’s digital signature |
| |
(within the meaning of that Annex); |
| |
“hard copy” in relation to data stored electronically means a |
| |
printed out version of the data; |
| 20 |
“officer” means an examiner appointed under section 66A of the |
| |
Road Traffic Act 1988 and any person authorised for the |
| |
purposes of this Part by the traffic commissioner for any area. |
| |
| |
(1) | An officer may, on production if so required of his authority, at any |
| 25 |
time enter any vehicle to which this Part of this Act applies in order |
| |
to inspect that vehicle and any recording equipment in or on it. |
| |
(2) | Where any officer enters any vehicle under subsection (1) of this |
| |
| |
(a) | inspect, remove, retain and copy any record sheet that he |
| 30 |
finds there on which a record has been produced by means of |
| |
analogue recording equipment or on which an entry has been |
| |
| |
(b) | inspect, remove, retain and copy any hard copy of data that |
| |
he finds there which was stored on any digital recording |
| 35 |
equipment or on a driver card; |
| |
(c) | inspect, remove, retain and copy any other document that he |
| |
finds there which the officer may reasonably require to |
| |
inspect for the purpose of ascertaining whether the |
| |
requirements of the applicable Community rules have been |
| 40 |
| |
(d) | inspect any driver card that he finds there, copy the data |
| |
stored on it (using any digital recording equipment in or on |
| |
the vehicle or temporarily removing the driver card for the |
| |
purpose of copying the data) and remove and retain the copy; |
| 45 |
(e) | copy data stored on any digital recording equipment that is |
| |
in or on the vehicle and remove and retain that copy; |
| |
|
| |
|
| |
|
(f) | inspect any recording equipment that is in or on the vehicle |
| |
and if necessary for the purposes of the inspection, remove it |
| |
| |
(g) | retain the recording equipment as evidence if he finds that it |
| |
has been interfered with; |
| 5 |
(h) | inspect the vehicle for the purpose of ascertaining whether |
| |
there is in or on the vehicle any device which is capable of |
| |
interfering with the proper operation of any recording |
| |
equipment in or on the vehicle; |
| |
(i) | inspect any such device and if necessary for the purpose of |
| 10 |
the inspection, remove it from the vehicle; |
| |
(j) | retain the device as evidence if he finds that it is capable of |
| |
interfering with the proper operation of the recording |
| |
| |
(3) | Where any officer who is an examiner appointed under section 66A |
| 15 |
of the Road Traffic Act 1988, or any constable, enters any vehicle |
| |
under subsection (1) of this section, he may, if he has reason to |
| |
| |
(a) | any recording equipment in or on the vehicle has been |
| |
interfered with so as to affect its proper operation, or |
| 20 |
(b) | there is in or on the vehicle any device which is capable of |
| |
interfering with the proper operation of any recording |
| |
equipment in or on the vehicle, |
| |
| require the driver or operator of the vehicle to take it to an address |
| |
specified by the officer for the purposes of enabling an inspection of |
| 25 |
the recording equipment, the vehicle or any device in or on it to be |
| |
| |
(4) | An officer may, on production if so required of his authority, at any |
| |
time which is reasonable having regard to the circumstances of the |
| |
case, enter any premises on which he has reason to believe that— |
| 30 |
(a) | a vehicle to which this Part applies is kept; |
| |
(b) | any such document as is mentioned in section 99ZA(1) of this |
| |
| |
(c) | any driver card or copy of data previously stored on a driver |
| |
card or on recording equipment is to be found; or |
| 35 |
(d) | any digital recording equipment is to be found. |
| |
(5) | Where any officer enters any premises under subsection (4) of this |
| |
| |
(a) | inspect any vehicle which he finds there; |
| |
(b) | inspect, remove, retain and copy any such document as is |
| 40 |
mentioned in section 99ZA(1) of this Act that he finds there; |
| |
(c) | make a copy of any such copy of data as is mentioned in |
| |
subsection (4)(c) of this section that he finds there, and |
| |
remove and retain the copies he makes; |
| |
(d) | inspect any driver card that he finds there, copy the data |
| 45 |
stored on it (using any digital recording equipment on the |
| |
premises or temporarily removing the driver card for the |
| |
purpose of copying the data) and remove and retain the copy; |
| |
(e) | copy data stored on any digital recording equipment he finds |
| |
there and remove and retain that copy; |
| 50 |
|
| |
|
| |
|
(f) | inspect any recording equipment that he finds there and, if |
| |
necessary for the purposes of the inspection, remove it from |
| |
| |
(g) | retain any such recording equipment as evidence if he finds |
| |
that it has been interfered with; |
| 5 |
(h) | inspect any device that he finds there which is capable of |
| |
interfering with the proper operation of any recording |
| |
equipment and, if necessary for the purpose of the inspection, |
| |
remove it from the vehicle; |
| |
(i) | retain any such device as evidence if he finds that it is capable |
| 10 |
of interfering with the proper operation of recording |
| |
| |
| |
(a) | exercising any of his powers under this section in relation to |
| |
a vehicle or anything found in or on a vehicle, or |
| 15 |
(b) | exercising any of his powers under section 99ZA(1) or (2) of |
| |
this Act in respect of a document or driver card carried by the |
| |
| |
| an officer may detain the vehicle during such time as is required for |
| |
the exercise of that power. |
| 20 |
| |
(a) | at the time when a requirement is imposed under subsection |
| |
(3) of this section the vehicle is more than five miles from the |
| |
address specified by the officer to which the vehicle is to be |
| |
| 25 |
(b) | the Community Recording Equipment Regulation is found |
| |
not to have been contravened in relation to the recording |
| |
equipment, the vehicle or any device in or on it; |
| |
| the relevant person must pay, in respect of loss occasioned, such |
| |
amount as in default of agreement may be determined by a single |
| 30 |
arbitrator (in Scotland, arbiter) agreed upon by the parties or, in |
| |
default of agreement, appointed by the Secretary of State. |
| |
(8) | In subsection (7) of this section “the relevant person” means— |
| |
(a) | if the requirement was imposed by an examiner appointed |
| |
under section 66A of the Road Traffic Act 1988, the Secretary |
| 35 |
| |
(b) | if the requirement was imposed by a constable, the chief |
| |
officer of police for the police area in which the requirement |
| |
| |
(9) | In this Part of this Act “analogue recording equipment” means |
| 40 |
recording equipment that complies with Annex I to the Community |
| |
Recording Equipment Regulation. |
| |
99ZC | Sections 99ZA and 99ZB: supplementary |
| |
(1) | Where an officer makes any hard copy of data stored on a driver card |
| |
or on recording equipment under section 99ZA or 99ZB of this Act |
| 45 |
he may require a person to sign the hard copy (if necessary with |
| |
manual corrections) to confirm that it is a true and complete record |
| |
of the period covered by it. |
| |
|
| |
|