Carriage of Goods (Prohibition of Discrimination) Regulations 1977
1977 No. 276
TRANSPORT
The Carriage of Goods (Prohibition of Discrimination) Regulations 1977
Made 21th February 1977
Laid before Parliament 2nd March 1977
Coming into Operation 23th March 1977
The Secretary of State for Transport, being a Minister designate1for the purposes of section 2(2) of the European Communities Act 1972 in relation to discrimination or undue preference in the carriage of goods, in exercise of the powers conferred on him by the said section 2(2), hereby makes the following Regulations:—
1. These Regulations may be cited as the Carriage of Goods (Prohibition of Discrimination) Regulations 1977 and shall come into operation on 23rd March 1977.
2.—(1) In these Regulations, unless the context otherwise requires—
“”, where a separate person acts as steersman of a motor vehicle,
“” means
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(2) References in these Regulations to a numbered article shall, unless the reference specifies the instrument containing that article, be construed as references to the article bearing that number in the principal Regulation.
(3) The Interpretation Act 1889 shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.
(4) These Regulations apply to the carriage in Great Britain of all goods by rail, road or inland waterway being carriage to which by virtue of Articles 1 to 3 inclusive the principal Regulation applies.
3.—(1) Any person who carries on a transport undertaking shall be guilty of an offence under this Regulation if that person fails, without reasonable excuse, to notify the Secretary of State, in accordance with paragraph (2) of this Regulation, of any measure of the kind referred to in Article 5(2) (that is to say, any tariff, or formal or other agreement on transport rates and conditions whereby the rates and conditions for carrying the same goods over the same transport links vary according to the country of origin or of destination of the goods in question) being such a measure presently in force or subsequently introduced.
(2) The notification referred to in paragraph (1) above shall be given, in the case of a measure presently in force, within one month of the coming into operation of these Regulations, and, in the case of a measure subsequently introduced, within one month of its introduction.
(3) A person guilty of an offence under this Regulation shall be liable on summary conviction to a fine not exceeding £200 and if the offence in respect of which he is convicted under this Regulation is continued after the conviction, he shall be guilty of a further offence and be liable in respect thereof on summary conviction to a fine not exceeding £5 for each day on which the offence is so continued.
4.—(1) Except where by virtue of Article 8 or 9 the provisions of Article 6 (concerning transport documents) do not apply to the carriage of goods to which these Regulations apply, and subject to the provisions of the next following paragraph, any person who, in relation to any consignment of goods within the Economic Community, is the carrier of those goods within Great Britain, whether by rail, road or inland waterway, shall be guilty of an offence under this Regulation if—
(a)
(a) no transport document giving the details specified in Article 6(1) has at the time when the carriage within Great Britain of the goods so consigned first commences, been properly prepared in duplicate and numbered as required by Article 6, or
(b)
(b) one copy of such document does not accompany the goods, to which it relates, or
(c)
(c) the other copy thereof is not retained by the carrier for the period, in the manner and showing the charges and other particulars required by Article 6(2).
(2) The provisions of paragraph (1) of this Regulation do not apply to any person where existing documents give all the details specified in Article 6(1) and, in conjunction with that person's recording and accounting systems, enable a full check to be made of transport rates and conditions so as to abolish or avoid certain forms of discrimination as mentioned in Article 6(3).
(3) A person guilty of an offence under sub-paragraph (a), or (b) or (c) of the said paragraph (1), shall be liable, on summary conviction to a fine not exceeding £200 for each such offence.
5.—(1) Paragraph (2) of this Regulation applies to undertakings concerned with the carriage within Great Britain of goods by road whether as carriers or as such agents or providers of services as are mentioned in Article 13, and paragraph (3) of this Regulation applies to undertakings concerned with the carriage within Great Britain of goods by rail and by inland waterway whether as carriers or as such agents or providers as aforesaid.
(2) An examiner, on production if so required of his authority, may—
(a)
(a) at any time require the driver of a goods vehicle belonging to an undertaking to which this paragraph applies, to produce and permit him to inspect and copy any consignment note or other transport document (including a document which is an existing document within the meaning of Article 6(3)) or any copy thereof which accompanies any goods on or carried by that vehicle, and
(b)
(b) at any time which is reasonable having...
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