QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
B e f o r e :
|THE QUEEN ON THE APPLICATION OF THE VEHICLE AND OPERATOR SERVICES AGENCY||(APPELLANT)|
|NORTH LEICESTER VEHICLE MOVEMENTS LIMITED||(1ST RESPONDENT)|
|ALBERT FIELD||(2ND RESPONDENT)|
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
MR T NESBITT (instructed by Woodfine Foinette Quinn) appeared on behalf of the 1st RESPONDENT
THE SECOND RESPONDENT APPEAR IN PERSON
Crown Copyright ©
"This part of this Act shall have effect with a view to securing the observance of proper hours at work by persons engaged in the carriage of passengers or goods by road and thereby protecting the public against the risks which arise in cases where the drivers of motor vehicles are suffering from fatigue."
"Recording equipment shall be installed and used in vehicles registered in a member state which are used for the carriage of passengers or goods by road except the vehicles referred to in Articles 4 and 14(1) of Regulation EEC 3820/85.
"Any mechanically self-propelled vehicle circulating on the road, other than a vehicle running on rails, and specifically designed to pull, push or move trailers, semi-trailers, implements or machines."
"No person shall use or cause or permit to be used a vehicle to which this section applies --
(a) unless there is in the vehicle recording equipment which -
(i) has been installed in accordance with the community recording equipment regulation;
(ii) complies with annexes 1 and 2 to that regulation; and
(iii) is being used as provided by Articles 3 to 15 of that regulation."
That, for present purposes, is a reference to regulation 3821/85.
"Regard has to be had to the further purpose indicated in the preamble of the improvement of working conditions and road safety. Encouragement then is to be given to the imposition of limitations on driving periods in the interest of the welfare of the drivers and also with a view to avoiding danger to other road users through drivers of carrier vehicles becoming fatigued through excessively long periods of driving."
In addition, as the preambles indicate, one of the purposes is harmonisation within and across EU states.
"Whereas the obligation to use such recording equipment can be imposed only for vehicles registered in member states, whereas furthermore certain of such vehicles may without giving rise to difficulty be excluded from the scope of this regulation."