The Community Drivers' Hours and Recording Equipment Regulations 2012
| Jurisdiction | UK Non-devolved |
| Citation | SI 2012/1502 |
| Year | 2012 |
2012 No. 1502
Road Traffic
The Community Drivers’ Hours and Recording Equipment Regulations 2012
Made 11th June 2012
Laid before Parliament 14th June 2012
Coming into force 16th July 2012
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 96(10) of the Transport Act 19681and now vested in him2and section 2(2) of the European Communities Act 19723.
The Secretary of State is a Minister designated for the purposes of section 2(2) in relation to the regulation of the type, description, construction or equipment of vehicles4, the regulation and supervision of working conditions of persons engaged in road transport5and measures relating to the organisation of working time6.
The exercise of the powers conferred by section 2(2) in relation to Regulation (EC) No 561/2006of the European Parliament and of the Council7has been authorised by the Commission of the European Communities in accordance with Article 14(1) of that Regulation.
In relation to the exercise of the powers conferred by section 96(10) of the Transport Act 1968 representative organisations have been consulted in accordance with section 101(6) of that Act.
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Community Drivers’ Hours and Recording Equipment Regulations 2012 and come into force on 16th July 2012.
(2) These Regulations extend to Great Britain.
Interpretation
2. In these Regulations—
“Cadet Corps” means any of the following forces of the Crown—
(a) the Combined Cadet Force;
(b) the Sea Cadet Corps;
(c) the Army Cadet Force;
(d) the Air Training Corps;
“the Community Drivers’ Hours Regulation” means Regulation (EC) No 561/2006of the European Parliament and of the Council;
“a volunteer reserve force” has the same meaning as in section 374 of the Armed Forces Act 20068; and
“year” means the period of twelve months ending on 31st March.
Exception from the Community Drivers’ Hours Regulation
3.—(1) This regulation applies to a driver, to whom the Community Drivers’ Hours Regulation applies, who—
(a)
(a) is a member of a volunteer reserve force or an instructor in the Cadet Corps; and
(b)
(b) in that capacity is attending—
(i) annual camp training; or
(ii) a weekend training session,
within the United Kingdom.
(2) Pursuant to Article 14(1) of the Community Drivers’ Hours Regulation, an exception is granted from Article 8(2) and Article 8(6) of that Regulation in respect of any driver to whom this regulation applies subject to the conditions set out in paragraph (3).
(3) The conditions are as follows—
(a)
(a) the exception is limited to a maximum of—
(i) ten weekend training sessions; and
(ii) fifteen days’ annual camp training,
in any year;
(b)
(b) the driver must not attend weekend training sessions on any two consecutive weekends;
(c)
(c) the driver must not attend any annual camp training that takes place over the weekend that immediately follows a weekend training session that the driver has attended;
(d)
(d) the driver must not attend a weekend training session on the weekend that immediately follows any annual camp training that the driver has attended;
(e)
(e) the driver must not attend any annual camp training that takes place over the weekend that immediately follows the end of an earlier period of annual camp training that the driver has attended;
(f)
(f) a regular daily rest period of at least eleven hours must be taken immediately following the end of each weekend training session and at the end of each period of annual camp training;
(g)
(g) a regular weekly rest period of at least forty-five hours must be taken no later than the end of the sixth day following the end of the day on which a weekend training session or, as the case may be, a period of annual camp training ends.
(4) In paragraph (3) the expressions “regular daily rest period” and “regular weekly rest period” are to be construed in accordance with Article 4 of the Community Drivers’ Hours Regulation.
Revocation of Regulations
4. The Drivers’ Hours (Goods Vehicles) (Milk Collection) (Temporary Exemption) Regulations 20079are revoked.
Amendment of Regulations
5. In regulation 2 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 198610, for the definition of “the Community Recording Equipment Regulation” in paragraph (2) substitute the following—
““the Community Recording Equipment Regulation” means Council Regulation (EEC) No. 3821/85on recording equipment in road transport11as read with the Community Drivers’ Hours and Recording Equipment Regulations 200712”.
Review
6.—(1) The Secretary of State must from time to time—
(a)
(a) carry out a review of regulation 3,
(b)
(b) set out the conclusions of the review in a report, and
(c)
(c) publish the report.
(2) In carrying out the review the Secretary of State must, so far as is reasonable, have...
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