Transport Act 1968

the court may, subject to the provisions of this section, require Canal & River Trust to remedy that failure; but, save as aforesaid, neither subsection (1) of section 105 nor any order under subsection (3) of that section shall be construed as imposing any duty or liability enforceable by proceedings before any court to which Canal & River Trust would not otherwise be subject.

• (2) The fact that proceedings on an application under subsection (1) (referred to in this section as “enforcement proceedings”) are in progress in respect of any waterway or any part of a waterway, or that the court has in any such proceedings imposed any requirement on Canal & River Trust, shall not prevent the Minister from making an order in respect of that waterway or part under section 104(3) or 105(3); but—

• (a) except as provided in subsection (3) of this section, where such an order is made while enforcement proceedings are in progress, the court shall nevertheless determine those proceedings on the basis of the duty of Canal & River Trust as it stood when the proceedings were instituted; and

• (b) the making of such an order shall in no case absolve Canal & River Trust from complying with any requirement which is imposed by the court in any enforcement proceedings.

• (3) If a relevant order is pending at the time when enforcement proceedings are instituted, or if, at any time after enforcement proceedings have been instituted and before the court has imposed any requirement on Canal & River Trust in the proceedings, the Minister notifies Canal & River Trust that the Minister is considering the making of a relevant order and gives the court such a certificate as is mentioned in subsection (4)—

• (a) the court shall not, so long as the order is pending, impose any requirement on Canal & River Trust in those proceedings; and

• (b) if the order is made, the court shall, in determining in those proceedings whether there has been a failure by Canal & River Trust to discharge its duty, have regard only to the duty (if any) to which Canal & River Trust is subject in consequence of the making of the order.

• (4) The certificate referred to in subsection (3) is a certificate in writing to the effect that it appears to the Minister that the imposition of any requirement on Canal & River Trust on the basis of its existing duty would result in its incurring substantial expense and that, having regard to its financial position, it would be unreasonable for it to bear that expense without a grant or further grant under section 43A of this Act.

• (5) In subsection (3) “relevant order” means, in relation to any enforcement proceedings, an order under section 104(3) or 105(3) of this Act in relation to the waterway or part of a waterway which is the subject of the proceedings; and for the purposes of that subsection an order is pending during the period of three months beginning with the day on which the Minister notifies Canal & River Trust that the Minister is considering the making of the order and, if before the expiration of that period notice of the proposed order is published under Schedule 13 to this Act, during any further period until the order is made or the Minister notifies Canal & River Trust that it will not be made.

• (6) As soon as may be after giving Canal & River Trust any such notification as is mentioned in subsection (5), the Minister shall give notice of the notification in the London Gazette.

• (7) For the purposes of this section enforcement proceedings shall be treated as instituted atthe time when the claim form beginning the proceedings is served on Canal & River Trust.

3A

In the case of a proposed order under section 105(3A) in respect of a commercial waterway or any part of such a waterway the Scottish Ministers shall consult with any organisation appearing to them to represent persons operating commercial freight-carrying vessels on that waterway or part.

Part II (except sections 10(3), (4), (5) and (9), 13 and 18 to 21).

96A

• (1) The Secretary of State may authorise a person to carry out tests (“field tests”) of—

• (a) recording equipment that has not been type-approved as required by Article 11A of the EU Tachographs Regulation (granting of type-approval), or

• (b) modifications or additions to recording equipment that has been so approved.

• (2) An authorisation is to be in writing.

• (3) The Secretary of State may withdraw an authorisation by giving written notice.

• (4) An authorisation may contain conditions which may in particular relate to—

• (a) the places where and equipment by means of which a field test is, or is to be, carried out;

• (b) the procedure to be adopted in carrying out a field test;

• (c) the records to be kept and the evidence to be furnished of the carrying out of a field test;

• (d) the training of persons for carrying out field tests;

• (e) the inspection by or on behalf of the Secretary of State of places where and equipment by means of which field tests are, or are to be, carried out;

• (f) the display, at the places where field tests are carried out, of signs indicating that field tests are carried out there by persons approved by the Secretary of State.

• (5) The Secretary of State must from time to time publish lists of the persons currently authorised under this section.

97ZA

• (1) No person shall use, or cause or permit to be used, a vehicle to which this section applies—

• (a) unless there is in the vehicle recording equipment which—

• (i) has been installed in accordance with the AETR;

• (ii) complies with the AETR (including the relevant Appendices to the Annex to the AETR); and

• (iii) is being used as provided by Articles 10 to 13 of the Annex to the AETR; or

• (b) in which there is recording equipment which has been repaired (whether before or after installation) otherwise than in accordance with the AETR.

• (2) A person who contravenes subsection (1) shall be liable on summary conviction—

• (a) in England and Wales, to a fine;

• (b) in Scotland, to a fine not exceeding level 5 on the standard scale.

• (3) A person shall not be liable to be convicted for contravention of subsection (1) of this section if the person proves to the court that the person neither knew nor ought to have known that the recording equipment had not been installed or repaired, as the case may be, in accordance with the AETR.

• (4) A person shall not be liable to be convicted for contravention of subsection (1)(a) if the person proves to the court that the vehicle in question was proceeding to a place where recording equipment which would comply with the AETR was to be installed in the vehicle in accordance with the AETR.

• (5) A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of the recording equipment installed in the vehicle in question not being in working order if the person proves to the court that—

• (a) it had not become reasonably practicable for the equipment to be repaired by an approved fitter or workshop; and

• (b) the requirements of Article 13(2)(a) of the Annex to the AETR were being complied with.

• (6) A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of any seal on the recording equipment installed in the vehicle in question not being intact if the person proves to the court that—

• (a) the breaking or removal of the seal could not have been avoided;

• (b) it had not become reasonably practicable for the seal to be replaced by an approved fitter or workshop; and

• (c) in all other respects the equipment was being used as provided by Articles 10 to 13 of the Annex to the AETR.

• (7) A person shall not be liable to be convicted for contravention of subsection (1)(a) by reason of the driver card not being used with the recording equipment installed in the vehicle in question if the person proves to the court that—

• (a) the driver card was damaged, malfunctioning, lost or stolen;

• (b) the requirements of Articles 12(1) and 13(2) and (3) of the Annex to the AETR were being complied with; and

• (c) in all other respects the recording equipment was being used as provided by Articles 10 to 13 of the Annex to the AETR.

• (8) Where a person (“the driver”)—

• (a) in the course of the driver's employment, uses a vehicle in contravention of subsection (1), and

• (b) is liable to be convicted for the contravention of that subsection in respect of that use,

the employer also commits an offence and shall be liable on summary conviction to a fine.

• (9) A person shall not be liable to be convicted under subsection (8) in respect of the use of a vehicle if the requirements of Article 11(1) to (3) of the AETR and Article 11(1) of the Annex to the AETR were complied with in relation to that use.

• (10) For the purposes of this section recording equipment is used as provided by Articles 10 to 13 of the Annex to the AETR if, and only if, the circumstances of its use are such that each requirement of those Articles is complied with.

• (11) This section applies at any time to any vehicle to which this Part of this Act applies if, at that time, the AETR requires recording equipment to be installed and used in that vehicle; and in this section and sections 97B to 97G of this Act (so far as those sections relate to the AETR) any expression which is also used in the AETR has the same meaning as in the AETR.

• (12) In this Part of this Act—

• “AETR” means the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport of 1st July 1970 (as applied by Article 2(3) of the Community Drivers' Hours Regulation);

• “the relevant Appendices” to the Annex to the AETR—in the case of a vehicle put into service for the first time before 16th June 2010 means—either Appendix 1 or Appendix 1B to that Annex; andAppendix 2 to that Annex; andin the case of a vehicle put into service for the first time on or after that date means—Appendix 1B to that Annex; andAppendix 2 to that Annex.

97ZB

• (1) A person commits an offence if the person supplies, as recording equipment which complies with the EU Tachographs Regulation or the AETR, recording equipment in respect of which no appropriate type-approval certificate is in force.

• (2) It is a defence to show that—

• (a) the recording equipment was supplied for export from Great Britain,

• (b) the person had reasonable cause to believe that the recording equipment would not be installed in a vehicle used on a road in Great Britain or would not be so installed until an appropriate type-approval certificate was in force, or

• (c) the person had reasonable cause to believe that the recording equipment would only be installed in a vehicle which was not required under the relevant instrument to have recording equipment installed in it.

• (3) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

• (4) Nothing in this section affects the validity of a contract or any rights arising under or in relation to a contract.

• (5) In this section—

• “appropriate type-approval certificate” means—in relation to recording equipment supplied as complying with the EU Tachographs Regulation, a type-approval certificate—issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation, or issued under the equivalent EU Regulation; in relation to recording equipment supplied as complying with the AETR, a type approval certificate—issued under the Motor Vehicles (Type Approval) Regulations 1980 and the AETR, orissued in another contracting country under the AETR;

• “the equivalent EU Regulation” has the meaning given by section 97(7);

• “relevant instrument”—in relation to recording equipment supplied as complying with the EU Tachographs Regulation, means that Regulation;in relation to recording equipment supplied as complying with the AETR, means the AETR;

• “supplies” includes—sells;offers to sell or supply;exposes for sale.

97ZC

• (1) A person commits an offence if—

• (a) the person is a manufacturer of a vehicle unit, motion sensor or tachograph card for which a type-approval certificate has been issued under the Motor Vehicles (Type Approval) Regulations 1980 and the EU Tachographs Regulation,

• (b) the person knows that security vulnerabilities have been detected for elements already on the market, as mentioned in Article 20(3) of the EU Tachographs Regulation, and

• (c) the person fails to inform the Secretary of State that the security vulnerabilities have been detected.

• (2) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale.