Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1970

STATUTORY INSTRUMENTS

1970 No. 123

ROAD TRAFFIC

29thJanuary 1970

5thFebruary 1970

1stMarch 1970

The Minister of Transport, in exercise of his powers under section 98 of the Transport Act 1968(a) and of all other enabling powers, and after consultation with representative organisations in accordance with section 101(6) of the said Act of 1968, hereby makes the following Regulations :—

Commencement and citation

1. These Regulations shall come into operation on the 1st March 1970 and may be cited as the Drivers' Hours (Goods Vehicles) (Keeping of Records) Regulations 1970.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

"the Act" means the Transport Act 1968 ;

"driver's record book" means a book which is required to be kept by a driver by these Regulations and which, subject to Regulation 9 of these Regulations, complies with Regulation 4 of these Regulations ;

"record sheet" means any such sheet as is required to be contained in a driver's record book by Regulation 4(2) of these Regulations, whether that sheet relates to one, or to more than one, working day of the driver to whom the book relates ;

and any expression which is also used in Part V or Part VI of the Act has the same meaning as in the said Part V or Part VI respectively.

(2) Any reference in these Regulations to any enactment or instrument shall be construed, unless the context otherwise requires, as a reference to that enactment or instrument as amended by any subsequent enactment or instrument.

(3) The Interpretation Act 1889(b) shall apply for the interpretation of these Regulations as it applies for the interpretation of an Act of Parliament.

Record books for goods vehicle drivers

3.—(1) Subject to the following provisions of these Regulations—

(a) a driver of a goods vehicle shall enter, and the employer of an employee-driver of a goods vehicle shall cause any such driver of a goods vehicle to enter, in a driver's record book a current record which shall give in respect of each working day of that driver, the information prescribed in the sheets as set out in Schedule 1 to these Regulations as information which is required to be furnished by a driver, and

(a) 1968 c. 73.

(b) 1889 c. 63.

(b) any such employer as aforesaid shall make such entries in the said record book as are by those sheets required to be made therein by that employer.

(2) Subject as aforesaid, where an employee-driver is required by paragraph (1) of this Regulation to enter a current record in a driver's record book, his employer shall issue to him, and from time to time as may be necessary while that employee-driver remains in the employment of that employer keep him supplied with, a new driver's record book for use in accordance with these Regulations:

Provided that if on the date of the coming into operation of these Regulations or at any time thereafter an employee-driver has more than one employer in relation to whom he is an employee-driver of a goods vehicle, the employer who is to issue a new driver's record book to him shall be the employer for whom that employee-driver first acts in the course of his employment on or after the said date or time.

(3) Where during the currency of a driver's record book an employee-driver ceases to be employed by an employer who has issued that book to him he shall return that book, including all duplicate and unused record sheets, to that employer and, if he is at that time employed by some other person or persons in relation to whom he is an employee-driver of a goods vehicle, that other person, or if there is more than one such other person, that one of them for whom he first acts in the course of his employment after ceasing to be so employed as aforesaid, shall issue a new driver's record book to him for use in accordance with these Regulations.

(4) This Regulation applies to a driver who in any working week drives both goods and passenger vehicles as it applies to a driver who only drives a goods vehicle, and the information required to be furnished in the driver's record book by a driver of both goods and passenger vehicles shall be the required information in relation to his employments in connection with both goods and passenger vehicles, but if a driver of both goods and passenger vehicles has a different employer in relation to his employment in connection with goods vehicles from his employer in relation to his employment in connection with passenger vehicles, references in the foregoing paragraphs of this Regulation to his employer shall be construed as references to his employer in relation to his employment in connection with goods vehicles.

Form of drivers' record books

4. Subject to Regulation 9 of these Regulations, a driver's record book shall contain—

(1) a front sheet as set out in Part I of Schedule 1 to these Regulations, and

(2) record sheets as set out in Part II of the said Schedule 1, the number of sheets to be contained in the book being sufficient to provide entries relating to at least 14 working days, each sheet relating either to a single working day or to not more than 7 working days, and

(3) a duplicate of each of the record sheets which are contained therein, and

(4) one sheet of carbon paper or other means whereby an entry in a record sheet may be simultaneously reproduced on the duplicate of that sheet.

Manner of keeping drivers' record books

5. Subject to the following provisions of these Regulations, the following...