Statutory Instruments
2020 No. 1658
Exiting The European Union
Road Traffic
The Drivers’ Hours and Tachographs (Amendment) Regulations 2020
Approved by both Houses of Parliament
Made
at 9.52 a.m. on 31st December 2020
Laid before Parliament
at 2.00 p.m. on 31st December 2020
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 31 of the European Union (Future Relationship) Act 2020( 1 ). The Secretary of State declares in accordance with paragraph 14(2) of Schedule 5 to that Act that by reason of urgency it is necessary to make these Regulations without a draft being laid and approved by both Houses of Parliament.
Citation and commencement
1. —(1) These Regulations may be cited as the Drivers’ Hours and Tachographs (Amendment) Regulations 2020.
(2) This regulation and regulation 2 come into force immediately before IP completion day.
(3) The other provisions of these Regulations come into force on IP completion day immediately after the coming into force of Parts 3 and 4 of the Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019( 2 ).
Amendment of the Drivers’ Hours and Tachographs (Amendment etc) (EU Exit) Regulations 2019
2. Omit regulation 57 of the Drivers’ Hours and Tachographs (Amendment etc) (EU Exit) Regulations 2019 (which amends paragraphs 2 and 3 of Article 2 of Regulation 3 )).
Amendment of Regulation (EC) 561/2006
3. —(1) In Article 2 of Regulation
“ 2. This Regulation shall apply, irrespective of the country of registration of the vehicle, to carriage by road undertaken in the United Kingdom where that carriage is undertaken exclusively within the United Kingdom or the area consisting of the United Kingdom and the European Union.
3. The AETR shall apply, irrespective of the country of registration of the vehicle, to carriage by road undertaken in the United Kingdom where that carriage is part of international road transport operations undertaken in part outside the area consisting of the United Kingdom and the European Union. ” .
Amendment of the Transport Act 1968
4. —(1)The Transport Act 1968( 4 ) is amended as follows.
(2) In section 96 (permitted driving time and periods of duty)( 5 ), in subsection (11A), after “whether occurring in the United Kingdom,” insert “an EU member State”.
(3) In section 98 (written records)( 6 ) in subsection (4)(b), after “whether in the United Kingdom,” insert “an EU member State”.
(4) In section 103 (interpretation etc)( 7 ), in subsection (1), in the definition of “the applicable community rules”, at the end of paragraph (b) insert—
“ and
(c) except in section 98(2), Regulation (EC) 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport; ” .
Amendment of the Road Traffic Offenders Act 1988
5. —(1)The Road Traffic Offenders Act 1988( 8 ) is amended as follows.
(2) In section 54(8A)(d)( 9 ) after “Northern Ireland” add “, an EU member State”.
(3) In section 75(3C)(d)( 10 ) after “Northern Ireland” add “, an EU member State”.
Signed by authority of the Secretary of State for Transport
Rachel Maclean
Parliamentary Under Secretary of State
Department for Transport
At 9.52 a.m. on 31st December 2020
Regulation (EC) No 561/2006 was amended by Regulation (EU) 2020/1054 (OJ L 249, 31.7.2020, p. 1) and S.I. 2019/453 .
Section 11A was inserted by the European Communities Act 1972, Section 4, Schedule 4, para 9(2)(a) and was amended by section 2(1)(c) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c.3) and by S.I. 1986/1457 , 2007/1819 , 2018/24 and 2019/453 .
Section 98(4) was inserted by the European Communities Act 1972, Section4, Schedule 4, para 9(2) and was amended by section 2(1) of the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976 (c.3) , S.I. 2018/24 and 2019/453 .
The definition “the applicable Community rules” was substituted by the Road Traffic (Drivers’ Ages and Hours of Work) Act 1976, s2(1)(a), and amended by S.I. 2007/1819 , 2011/1043 and 2019/453 .
Section 54(8A) was inserted by S.I. 2018/24 and amended by S.I. 2019/453 .
Section 75(3C) was inserted by S.I. 2018/24 and amended by S.I. 2019/453 .