road traffic Citation commencement and interpretation 1 1 These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008 and come into force 7 days after the day on which they are made. 2 In these Regulations, “the 1968 Act” means the Transport Act 1968. Amendment of the 1968 Act: protection of electronic data and other records 2 After section 97B of the 1968 Act insert— Delivery of record sheets and other documents 97C 1 This section applies to the following documents— a record sheets; b manual records and printouts made in accordance with the Community Recording Equipment Regulation. 2 If such a document relates to a person in his capacity as the driver of a vehicle to which section 97 applies, he must before the end of the delivery period deliver the document to the transport undertaking to whose orders he was subject in driving the vehicle. 3 The delivery period is the period of 42 days starting on the day after the latest date to which the document relates. 4 A person who without reasonable excuse fails to comply with subsection (2) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 5 If a transport undertaking fails without reasonable excuse to secure that each driver subject to its orders complies with subsection (2), in respect of documents relating to him in his capacity as such a driver, it is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 6 If a person is subject to the orders of two or more transport undertakings in driving a vehicle during a period to which a document relates- a subsection (2) has effect as if it were a requirement to deliver that document to the undertaking to whose orders he was first subject in driving the vehicle during that period; b subsection (5), in relation to that document, applies only to the undertaking to whose orders he was first subject in driving the vehicle during that period. Vehicle units: downloading data 97D 1 This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a vehicle unit in a vehicle. 2 The undertaking must ensure that relevant data is downloaded from the unit not later than the end of the download period if— a it controls the use of the vehicle throughout that period, and b it uses the vehicle at some point during that period. 3 The download period begins and ends as set out in the following table— Case Download period begins Download period ends 1. The undertaking has not previously downloaded data from the unit under this section On the first day after the commencement of this section on which the undertaking— controls the use of the vehicle, and is required by article 10 to ensure that data is downloaded from the unit On the earlier of— the expiry of the period of 56 days starting on the first day of the download period; any downloading of the data before the expiry of that period 2. The undertaking uses the vehicle during the period of 56 days starting on the day after the last downloading under this section On the day after the last downloading under this section 3. The undertaking does not use the vehicle during the period of 56 days starting on the day after the last downloading under this section On the first day of the undertaking’s use of the vehicle after the last downloading under this section 4 The undertaking must ensure that all relevant data is downloaded from the unit— a immediately before transferring control of the use of the vehicle to another person; b without delay upon permanently removing the unit from service in the vehicle; c without delay upon becoming aware that the unit is malfunctioning; d without delay in any circumstances such that the imminent erasure of the data by the unit, in the normal course of its operations, is reasonably foreseeable. 5 But subsection (4)(c) does not apply if because of the malfunctioning of the unit it is impossible to download the data. 6 For the purposes of this section “ relevant data ” means any data recorded by the vehicle unit in a vehicle, other than detailed speed data. 7 For the purposes of this section and section 97E an undertaking controls the use of a vehicle during any period in which it may determine when, by whom and for what purpose the vehicle may be driven. 8 In this section and sections 97E to 97G, “ downloaded ” is to be construed in accordance with the definition of “downloading” in Annex 1B to the Community Recording Equipment Regulation. Driver cards: downloading data 97E 1 This section applies where a transport undertaking is required by article 10 of the Community Drivers’ Hours Regulation to ensure that data is downloaded from a driver card issued to a driver. 2 The undertaking must ensure that all data is downloaded from the card not later than the end of the download period. 3 The download period begins and ends as set out in the following table— Case Download period begins Download period ends 1. The undertaking has not previously downloaded data from the card under this section On the first day after the commencement of this section on which— the driver drives for the undertaking, and the undertaking is required by article 10 to ensure that data is downloaded from the card On the earlier of— the expiry of the period of 28 days starting on the first day of the download period; any downloading of the data before the expiry of that period 2. The undertaking has previously downloaded data from the card under this section On the first day on which the driver drives for the undertaking after the last downloading under this section 4 The undertaking must ensure that the data is downloaded from the card— a immediately before the driver ceases to be employed by the undertaking as a driver, or otherwise to carry out work for the undertaking as a driver; b without delay upon becoming aware that the card has been damaged or is malfunctioning; c without delay in any circumstances such that the imminent erasure of the data, in the normal course of use of the card, is reasonably foreseeable; d if it is not possible to do so other than by means of a vehicle unit installed in a vehicle, immediately before ceasing to control the use of that vehicle. 5 But subsection (4)(b) does not apply if because of the damage to the card or its malfunctioning it is impossible to download the data. Downloading data: requirement imposed by an officer 97F 1 This section applies where— a an officer has reason to believe that an offence under this Part of this Act or under the Traffic Acts has been committed in respect of the use of a vehicle, and b article 10(5) of the Community Drivers’ Hours Regulation applies to a transport undertaking in respect of the vehicle unit in the vehicle or a driver card issued to a person who has driven the vehicle. 2 The officer may, on production if so required of his authority, require the undertaking without delay— a to download data from the vehicle unit or driver card; b to permit him to inspect or copy the downloaded data. 3 In this section— a “ download ” is to be construed in accordance with the definition of “downloading” in Annex 1B to the Community Recording Equipment Regulation; b “ the Traffic Acts ” has the meaning given in section 192(1) of the Road Traffic Act 1988 . Downloading and retaining data: offences 97G 1 A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with section 97D or 97E, or with a requirement imposed under section 97F. 2 A transport undertaking commits an offence if, without reasonable excuse, it fails to comply with any requirement imposed by article 10 of the Community Drivers’ Hours Regulation in respect of the retention of data downloaded in accordance with section 97D to 97F. 3 An offence under this section is punishable on summary conviction with a fine not exceeding level 5 on the standard scale. Access to downloaded data 97H 1 An officer may, on production if so required of his authority, require a person to make readily accessible to him, either on or from premises occupied or controlled by the person in question, that person’s retained data. 2 Any person who without reasonable excuse fails to comply with a requirement under subsection (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. 3 For the purposes of subsection (1), data is a person’s “retained data” if he is required by article 10 of the Community Drivers’ Hours Regulation to retain it for at least 12 months following its recording. Amendment of the 1968 Act: enforcement 3 After section 102A of the 1968 Act insert— Partnerships and other unincorporated associations 102B 1 Proceedings for an offence under this Part of this Act alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners). 2 Proceedings for an offence under this Part of this Act alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members). 3 Rules of court relating to the service of documents have effect as if the partnership or association were a body corporate. 4 In proceedings for an offence under this Part of this Act brought against a partnership or an unincorporated association, the following provisions apply as they do in relation to a body corporate— a section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 ; b section 70 of the Criminal Procedure (Scotland) Act 1995 5 A fine imposed on a partnership on its conviction for an offence under this Part of this Act must be paid out of the partnership assets. 6 A fine imposed on an unincorporated association on its conviction for an offence under this Part of this Act must be paid out of the funds of the association. 7 Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 102C. Offences by bodies corporate etc 102C 1 If an offence under this Part of this Act committed by a body corporate is proved— a to have been committed with the consent or connivance of an officer of the body, or b to be attributable to any neglect on the part of an officer of the body, he, as well as the body corporate, is guilty of the offence. 2 In subsection (1) a reference to an officer of a body includes a reference to— a a director, manager or secretary; b a person purporting to act as an officer of the body. 3 If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body. 4 If an offence under this Part of this Act committed by a partnership is proved— a to have been committed with the consent or connivance of a partner, or b to be attributable to any neglect on the part of a partner, he, as well as the partnership, is guilty of the offence. 5 In subsection (4) a reference to a partner includes a reference to a person purporting to act as a partner. 6 If an offence under this Part of this Act committed by an unincorporated association (other than a partnership) is proved— a to have been committed with the consent or connivance of an officer of the association, or b to be attributable to any neglect on the part of an officer of the association, he, as well as the association, is guilty of the offence. 7 In subsection (6) a reference to an officer of an association includes a reference to— a a member of its governing body; b a person purporting to act in the capacity of an officer of the association. Amendment of the 1968 Act: miscellaneous 4 In the 1968 Act— a in section 96 , after subsection (11C), insert— 11D If a driver who is subject to the orders of more than one transport undertaking fails, without reasonable excuse, to provide each of them with sufficient information to enable them to avoid a contravention of Chapter 2 of the Community Drivers’ Hours Regulation, he shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. ; b in section 97(6) (installation and use of recording equipment), for “sections 97A and 97B” substitute “sections 97B to 97G”; c omit section 97A ; d In section 103(1) , after the definition of “relevant Community provision”, insert— “ transport undertaking ” has the meaning given in the Community Drivers’ Hours Regulation; . Signed by authority of the Secretary of State for Transport Jim Fitzpatrick Parliamentary Under Secretary of State, Department for Transport 29th January 2008