The Passenger and Goods Vehicles (Recording Equipment) (Amendment No. 2) Regulations (Northern Ireland) 2005 No. 441

BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Statutory Rules of Northern Ireland

You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Passenger and Goods Vehicles (Recording Equipment) (Amendment No. 2) Regulations (Northern Ireland) 2005 No. 441
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050441.html

[New search] [Help]

STATUTORY RULES OF NORTHERN IRELAND

2005 No. 441
EUROPEAN COMMUNITIES
ROAD TRAFFIC AND VEHICLES
The Passenger and Goods Vehicles (Recording Equipment) (Amendment No. 2) Regulations (Northern Ireland) 2005

	Made	6th October 2005
	Coming into operation	31st October 2005

The Department of the Environment, being a Department designated[1] for the purpose of section 2(2) of the European Communities Act 1972[2] in relation to the regulation and supervision of the working conditions of persons engaged in road transport and the regulation of the type, description, construction or equipment of vehicles, in exercise of the powers conferred by that section, and in exercise of the powers conferred on it by section 56(1) and (5) of the Finance Act 1973[3] and of all other powers enabling it in that behalf, and with the consent of the Department of Finance and Personnel[4] as regards regulation 5, hereby makes the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Amendment No. 2) Regulations (Northern Ireland) 2005 and shall come into operation on 31st October 2005.

Interpretation
     2. In these Regulations "the principal Regulations" means the Passenger and Goods Vehicles (Recording Equipment) Regulations (Northern Ireland) 1996[5].

     3. The Interpretation Act (Northern Ireland) 1954[6] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment to regulation 2 (interpretation)
     4. —(1) Regulation 2 of the principal Regulations shall be amended in accordance with paragraphs (2) and (3).

    (2) In paragraph (1)—

" "company card", "control card", and "driver card" have the meanings given by Annex 1B to the Community Recording Equipment Regulation;

"competent authority" has the same meaning as in the Community Recording Equipment Regulations;

"tachograph card" means a company card, control card, driver card or workshop card;

"working day" means a day other than a Saturday, Sunday, or public holiday."; and

" "the Community Recording Equipment Regulation" means Council Regulation (EEC) No. 3821/85 on recording equipment in road transport[

and as read with the Community Drivers' Hours and Recording Equipment (Exemptions and Supplementary Provisions) Regulations (Northern Ireland) 1987[16];".

(3) After paragraph (2) there shall be inserted the following paragraph—

Amendment to regulation 9 (fee for approval or renewal of approval of fitters and workshops)
5. —(1) For regulation 9 of the principal Regulations[17] there shall be substituted—

Fee for approval or renewal of approval of fitters and workshops and for tachograph cards

—(1) The fee to be paid to the Department for—

    (2) An applicant for a tachograph card shall pay such fee as may be determined in accordance with paragraphs (3), (4) and (5).

    (3) The fee payable upon an application for a driver card shall, in the circumstances specified in column (1) of the Table set out in Schedule 2, be the fee specified in relation thereto in column (2) of the Table.

    (4) The fee payable upon an application for a company card shall, in the circumstances specified in column (1) of the Table set out in Schedule 3, be the fee specified in relation thereto in column (2) of the Table.

    (5) No fee shall be payable in respect of—

(6) When an application is made for a tachograph card, which, but for this paragraph, would attract more than one fee, only one fee shall be paid in respect of that card and where the fees are different, that fee shall be the higher or the highest of them.".

New provisions relating to tachograph cards
6. After regulation 10 of the principal Regulations (disapplication of requirement to keep drivers' record books) there shall be inserted the following regulations—

" Driver card requirements

10A.

—(1) The Department shall issue a driver card to a person who complies with the requirements in paragraph (2).

(2) The requirements are that the person—

(b) satisfies the Department that he is normally resident within Northern Ireland;

(c) makes an application for the card—

(d) save in the circumstances described in paragraph (3), does not hold a driver card; and

(e) pays the fee prescribed in accordance with regulation 9.

(3) The circumstances referred to in paragraph (2)(d) are that the person—

Renewal and exchange of driver card
     10B. —(1) The holder of a driver card may apply to exchange his driver card if the requirements of this regulation are satisfied.

    (2) The driver card must have been issued to the holder by the competent authority, other than the Department, of a Member State of the European Union.

    (3) The holder shall comply with the requirements of regulation 10A (2)(a) to (c) and (e).

    (4) That save for a card to be surrendered under paragraph (5) the holder does not hold a driver card.

    (5) The holder shall surrender the driver card issued by the other competent authority to the Department.

Company cards
     10C. —(1) The Department shall issue a company card to a person who complies with the requirements in paragraph (2).

    (2) The requirements are that the person—

(a) is the owner or holder of a vehicle in which there is equipment for recording information as to the use of the vehicle which—

(b) either—

(c) makes application for the card in such form and provides the Department with such documents and information in support of the application as the Department may require; and

(d) pays the fee prescribed in accordance with regulation 9.

Control card
10D. A control card shall not be held by a person who is not a constable or a vehicle examiner appointed under Article 74 of the Road Traffic (Northern Ireland) Order 1995[18].

Replacement cards
10E. If the holder of a tachograph card—

(a) satisfies the Department that—

(b) surrenders the damaged or malfunctioning card to the Department;

(c) applies to the Department within seven days of such damage, malfunction, loss or theft;

(d) makes his application in such form, and provides the Department with such documents and information in support of the application, as the Department may require; and

(e) pays the fee prescribed in accordance with regulation 9 for the replacement of a card,

the Department shall issue a replacement card.".

Schedules
7. —(1) The existing Schedule in the principal Regulations shall be renumbered "Schedule 1".

(2) After Schedule 1 to the principal Regulations, as so renumbered, there shall be inserted the Schedules set out in the Schedule to these Regulations.

Sealed with the Official Seal of the Department of the Environment on

6th October 2005.

L.S.

Wesley Shannon
A senior officer of the Department Of the Environment

The Department of Finance and Personnel hereby consents to regulation 5.

Sealed with the Official Seal of the of the Department of Finance and Personnel on

6th October 2005.

L.S.

Richard Pengelly
A senior officer of the Department of Finance and Personnel

SCHEDULE

" SCHEDULE 2

Driver Card Fees

(1)	(2)
Circumstances	Fee Payable
A card not exempt under regulation 9(5) from the payment of a fee or not described in any other circumstances in this Schedule.	£38
A card issued on renewal of a time expired card.	£19
A card issued as a replacement for a damaged, lost or stolen card.	£19

SCHEDULE 3

Company Card Fees

(1)	(2)
Circumstances	Fee Payable
A card not exempt under regulation 9(5) from the payment of a fee or not described in any other circumstances in this Schedule.	£38
A card issued on renewal of a time expired card.	£19
A card issued as a replacement for a damaged, lost or stolen card.	£19"

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the issuing of driver cards, company cards and control cards for use with digital tachographs, which are tachographs complying with Annexes IB and II to the Council Regulation (EEC) No. 3821/85 on recording equipment in road transport, and for the replacement of cards which expire, are damaged, malfunction, are lost or are stolen.

The Regulations also provide for the payment of specified fees in respect of driver cards, which are held by drivers of vehicles required to be fitted with digital tachographs by the Community Recording Equipment Regulation, and company cards, which are held by the operators of such vehicles.

No fees are payable in respect of workshop cards or control cards.

A Regulatory Impact Assessment has been produced and may be obtained from the Department of the Environment's website at www.doeni.gov.uk/roadsafety.

Notes:

[1] S.Is. 1972/1811 and 1975/1707 back

[2] 1972 c. 68 back

[3] 1973 c. 51 back

[4] Formerly the Department of Finance. See S.I. 1982/338 (N.I. 6) Art. 3 back

[5] S.R. 1996 No.145; relevant amending regulations are S.R. 1998 No. 270, S.R. 2002 No. 50 and S.R. 2005 No. 325 back

[6] 1954 c. 33 (N.I.)back

[7] O.J. No. L370, 31.12.85, p. 8 back

[8] O.J. No. L318, 17.11.90, p. 20 back

[9] O.J. No. L374, 22.12.90, p. 12 back

[10] O.J. No. L256, 26.10.95, p. 8.back

[11] O.J. No. L154, 12.06.97, p. 21.back

[12] O.J. No. L274, 09.10.98, p. 1.back

[13] O.J. No. L207, 05.08.02, p. 1.back

[14] O.J. No. L284, 31.10.03, p. 1.back

[15] O.J. No. L071, 10.03.04, p. 3.back

[16] S.R. 1987 No. 218; relevant amending regulations are S.R. 1988 No. 297 back

[17] Regulation 9 was amended by S.R. 2002 No. 50, regulation 2 back

[18] S.I. 1995/2994 (N.I. 18)back

ISBN 0 337 96183 2

Prepared 19 October 2005

BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII
URL: http://www.bailii.org/nie/legis/num_reg/2005/20050441.html

	[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	Statutory Rules of Northern Ireland
You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Passenger and Goods Vehicles (Recording Equipment) (Amendment No. 2) Regulations (Northern Ireland) 2005 No. 441 URL: http://www.bailii.org/nie/legis/num_reg/2005/20050441.html