1. These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Tachograph Card) Regulations 2006 and shall come into force on 21st August 2006.

2.—(1) In these Regulations—

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“ company card ”, “ control card ”, “ driver card ” and “ workshop card ” have the meanings given by Article 2 of the EU Tachographs Regulation ;

“the EU Tachographs Regulation means Regulation ( EU ) No. 165/2014 of the European Parliament and of the Council on tachographs in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007.

“ PIN ” means personal identification number for use in connection with a workshop card;

“ relevant vehicle ” means a vehicle in which there is recording equipment

“ tachograph card ” means a company card, control card, driver card or workshop card.

(2) A reference in these Regulations to Annex IB to the EU Tachographs Regulation has effect, until the coming into force of that Annex, as a reference to Annex IB to Council Regulation (EEC) No. 3821/85 on recording equipment in road transport as read with the Community Drivers’ Hours and Recording Equipment Regulations 2007.

Driver cards

3. —(1) A person commits an offence—

(a) if, subject to paragraph (3), he uses, attempts to use or is in possession of, more than one driver card on which he is identified as the holder;

(b) if he uses or attempts to use a driver card on which he is not identified as the holder;

(c) if, with intent to deceive, he makes a false statement, or forges or alters a document, for the purpose of obtaining a driver card;

(d) if he uses, or is in possession of, a driver card issued in consequence of an application which included, with intent to deceive, a false statement or forged or altered document; or

(e) if he uses, or is in possession of, a driver card which has been forged or altered.

(2) A person commits an offence if he causes or permits—

(a) any use or possession of a driver card; or

(b) the making of any false statement or forgery or alteration of a document

specified in paragraph (1).

(3) It shall not be an offence—

(a) to hold a card which will become time-expired within one month and the card which has been issued by the Secretary of State in renewal of the former card; or

(b) to hold a card, which has become time-expired, in combination with another card.

(4) A person guilty of an offence under paragraph (1)(a) or (b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) A person guilty of an offence under paragraph (1)(c) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.

(6) A person guilty of an offence under paragraph (1)(d) or (e) or paragraph (2) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.

Workshop cards

4. —(1) A person commits an offence—

(a) if, subject to paragraph (3) he uses, attempts to use or is in possession of more than one workshop card, on which he is identified as the holder, or more than one PIN, in respect of the same place of work;

(b) if he uses or attempts to use a workshop card, or PIN, of which he is not the identified holder;

(c) if he uses or attempts to use a workshop card, or PIN, in circumstances unconnected with the place of work for which that card, or PIN, was issued;

(d) if, with intent to deceive, he makes a false statement, or forges or alters a document, for the purpose of obtaining a workshop card or PIN;

(e) if he uses, or is in possession of, a workshop card, or PIN, issued in consequence of an application which included, with intent to deceive, a false statement or forged or altered document;

(f) if he uses, or is in possession of, a workshop card, which has been forged or altered; or

(g) if he divulges to another person, or permits another person to use, the PIN used in connection with a workshop card of which he is identified as the holder.

(2) A person commits an offence if he causes or permits—

(a) any use, alteration or possession of a workshop card or PIN, or

(b) the making of any false statement or forgery or alteration of a document,

specified in paragraph (1).

(3) It shall not be an offence —

(a) to hold a workshop card which will become time-expired within one month and the workshop card which has been issued by the Secretary of State in renewal of the former workshop card; or

(b) to hold a workshop card, which has become time-expired, in combination with another workshop card.

(4) A person guilty of an offence under paragraph (1)(a),(b), (c) or (g) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(5) A person guilty of an offence under paragraph (1)(d) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding 3 months or to a fine not exceeding the statutory maximum, or to both; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years, or to a fine, or to both.

(6) A person guilty of an offence under paragraph (1)(e) or (f) or paragraph (2) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum; or

(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.

Lost, stolen, damaged or malfunctioning cards

5. —(1) If a tachograph card is lost or stolen, the person to whom that card was issued shall notify the Secretary of State in writing and shall provide such information or documents concerning the loss or theft as the Secretary of State may require.

(2) If a tachograph card is found at any time after the Secretary of State has been notified in accordance with paragraph (1) of the loss or theft of it, the person to whom that card was issued, if it is in his possession, shall return it to the Secretary of State, or if it is not in his possession, but he becomes aware that it is found, shall take all reasonable steps to take possession of it and if successful shall return it as soon as may be to the Secretary of State.

(3) If a tachograph card is damaged or malfunctions, the person to whom that card was issued shall return it to the Secretary of State and shall provide such information or documents concerning the damage or malfunction as the Secretary of State may require.

(4) A person who fails to comply with the requirements of paragraph (1), (2) or (3) commits an offence.

(5) A person guilty of an offence under paragraph (4) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Card particulars

6. —(1) Where the details of the holder of a tachograph card specified on the card cease to be correct, the holder—

(a) must forthwith notify the Secretary of State of the details which require correction, and

(b) must surrender the card when required to do so, to such address as may be specified, by the Secretary of State.

(2) Where it appears to the Secretary of State that a tachograph card issued by him to any person was issued in error or with an error or omission in the particulars specified in the card, he may serve notice in writing on that person requiring him to surrender that card and it shall be the duty of that person to comply with the requirement.

(3) Subject to paragraph (4), on surrender of a card by a person in accordance with paragraph (1) or (2) the Secretary of State shall, if so requested by that person, issue a replacement card to him.

(4) The Secretary of State may require the person surrendering the card to provide such information and documents as the Secretary of State may require to enable him to correct the details, error or omission before issuing a new card under paragraph (3).

(5) A person who fails to comply with the requirements of paragraph (1) or (2) commits an offence.

(6) A person guilty of an offence under paragraph (5) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Unauthorised cards

7. —(1) A person in possession of a tachograph card described in paragraph (3) shall surrender that card to the Secretary of State, by such means and to such address as may be specified by the Secretary of State.

(2) A constable or a vehicle examiner appointed under section 66A of the Road Traffic Act 1988 may remove and retain a tachograph card described in paragraph (3) which has not been surrendered to the Secretary of State.

(3) A tachograph card to which paragraphs (1) and (2) refer is a card—

(a) on which the person using the card is not identified as the holder;

(b) which has been falsified; or

(c) which has been issued in consequence of an application which included a false statement or forged or altered document.

(4) A person who does not surrender a card in accordance with paragraph (1) commits an offence.

(5) A person guilty of an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.