S.I. No. 392/1986:

EUROPEAN COMMUNITIES (ROAD TRANSPORT) REGULATIONS, 1986.

EUROPEAN COMMUNITIES (ROAD TRANSPORT) REGULATIONS, 1986.

I, TED NEALON, Minister of State at the Department of Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and the Communications (Delegation of Ministerial Functions) Order, 1984 ( S.I. No. 146 of 1984 ), and for the purpose of giving effect to Council Regulation No. 3820/85/EEC ¹ and after consultation with the Commission of the European Communities as required by the said Council Regulation hereby make the following Regulations:

¹O.J. No. L 370; 31.12.1985.

1. These Regulations may be cited as the European Communities (Road Transport) Regulations, 1986.

2. (1) In these Regulations--

"authorised officer" means a transport officer appointed by the Minister pursuant to section 15 of the Road Transport Act, 1986 (No. 16 of 1986), any officer of Customs and Excise or any member of the Garda Siochana;

"the Council Regulation" means Council Regulation 3820/85/EEC;

"the Minister" means the Minister for Communications;

"officer of Customs and Excise" has the same meaning as in the Customs Act, 1956 (No. 7 of 1956);

"recording equipment" means recording equipment that may indicate the periods of time referred to in the Council Regulation.

(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Regulation.

3. (1) The European Agreement concerning the work of crews of vehicles engaged in International Road Transport (AETR)² done at Geneva on the 1 July 1970 (as amended) shall apply instead of the rules set out in the Council Regulation to the international road transport operations referred to in Article 2.2. of the Council Regulation.

²O.J. No. L. 95/1; 8.4.1978.

(2) Prima facie evidence of the European Agreement concerning the work of crews of vehicles engaged in International Road Transport (AETR) may be given in all Courts of Justice and in all legal proceedings by the production of a copy of the Official Journal of the European Communities purporting to contain a copy of the said Agreement.

4. (1) A vehicle registered in the State (including a trailer or semi-trailer) and having for the purposes of the Road Traffic Acts, 1961 to 1984, an unladen weight not exceeding 1,524 kilogrammes shall, for the purposes of these Regulations and the Council Regulation, be deemed to have a permissible maximum weight of 3.5 tonnes.

(2) A vehicle registered in the State (including a trailer or semi-trailer) and having for the purposes of the Road Traffic Acts, 1961 to 1984, an unladen weight not exceeding 3,048 kilogrammes shall, for the purposes of these Regulations and the Council Regulation, be deemed to have a permissible maximum weight of 7.5 tonnes.

5. The following categories of vehicles are hereby exempted from the provisions of the Council Regulation in respect of carriage by road effected solely within the State:

( a ) vehicles used for carrying passengers, which by virtue of their construction and equipment are suitable for carrying not more than 17 persons, including the driver, and are intended for that purpose;

( b ) vehicles used by public authorities on or after the 1st day of January, 1990, to provide public services which are not in competition with professional road hauliers;

( c ) vehicles used by agricultural, horticultural, forestry or fishery undertakings for carrying goods within a 50 kilometre radius of the place where the vehicle is normally based, including local administrative areas the centres of which are situated within that radius;

( d ) vehicles used for carrying animal waste or carcasses which are not intended for human consumption;

( e ) vehicles used for carrying live animals from farms to the local markets and vice versa or from markets to the local slaughter houses;

( f ) vehicles used:

(i) as shops at local markets,

(ii) for door to door selling,

(iii) for mobile banking, exchange or saving transactions,

(iv) for worship,

(v) for the lending of books, records or cassettes,

(vi) for cultural events or exhibitions,

and which are specially fitted for such uses;

( g ) vehicles for the carriage of goods (which have an unladen weight not exceeding 3,048 kilogrammes) used for carrying material or equipment for the use of the driver in the course of his work, within a 50 kilometre radius of the place where the vehicle is normally based: provided that driving the vehicle does not constitute the main activity of the driver;

( h ) vehicles operating exclusively on islands not exceeding 2,300 square kilometres in area, which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles;

( i ) vehicles used for the carriage of goods (which have an unladen weight not exceeding 1,524 kilogrammes) and are propelled by means of gas produced on the vehicles or by means of electricity;

( j ) vehicles used for driving instruction with a view to obtaining a driving licence: provided a vehicle so used or any trailer or semi-trailer drawn is not carrying out a journey in connection with the carriage of goods or passengers; and

( k ) tractors used on or after the 1st day of January, 1990, exclusively for agricultural and forestry work.

6. The application of the fourth paragraph of Article 6.1. of the Council Regulation is hereby extended to national passenger services other than regular services.

7. (1) An authorised officer may, for the purposes of these Regulations and the Council Regulation--

( a ) at any time enter a premises or place if he has reasonable grounds for believing that it is used for a purpose connected with carriage by road or that a vehicle used for that purpose is at the premises or in the place and inspect the vehicle and any document, record, book or recording equipment kept or used in that vehicle, premises or place, as the case may be, for the purposes of, or which relates to, carriage by road,

( b ) at any time inspect a vehicle which is stationary or (if the officer is a member of the Garda Siochana in uniform or an officer of Customs and Excise in uniform) halt a vehicle which is being driven and inspect it and any document, record, book, goods or recording equipment being carried in or on the vehicle or kept by the crew or used for the purposes of, or which relates to, carriage by road,

( c ) require any person at the premises or in the place or in the vehicle to produce to him any document, book or record kept or used for the purposes of, or which relates to, carriage by road, which is in the power or control of that person,

( d ) inspect, examine, and take copies of or extracts from or take away, if necessary, for the purposes of inspection, examination or copying, any document, book or record kept or used for the purposes of, or which relates to, carriage by road and require the person by whom such document, book or record is kept or who produced the document, book or record to certify a copy thereof as a true copy.

(2) For the purpose of exercising his powers under paragraph (1) of this Regulation an authorised officer may detain a vehicle during such time as is required for the exercise of those powers.

(3) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by these Regulations, or who fails to halt a vehicle when requested or required by an officer of Customs and Excise in uniform or a member of the Garda Siochana in uniform to do so or who fails to comply with a request or requirement of an authorised officer under these Regulations ( other than a request of an authorised officer not in uniform to halt a vehicle) shall be guilty of an offence.

8. (1) An authorised officer may require by notice in writing given to a person or served on a person by pre-paid registered post the production of any document, record, or any other information which may be specified in the notice, at a place specified in the notice within such time (not being less than 10 days) from the service of the notice as may be specified in the notice.

(2) An authorised officer may, by notice in writing given to a person or served on a person by pre-paid registered post, request that person to designate a place within a time specified in the notice (not being less than 10 days), at which documents, records, or any other information which may be specified in the notice shall be retained henceforth and shall be made available for inspection.

(3) A person who fails or refuses to comply with a request of an authorised officer, made pursuant to this Regulation, shall be guilty of an offence.

9. Any person who contravenes or causes or permits any person employed by him or subject to his orders to contravene Article 2.2., 5, 6, 7.1., 7.2., 7.4., 7.5., 8.1., 8.2., 8.3., 8.6., 8.7., 9, 10, 12, 14.1., 14.2., 14.3., 14.4., 14.5., 14.6. or 15 of the Council Regulation or Regulation 3(1) of these Regulations shall be guilty of an offence.

10. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

11. An offence under these Regulations may be prosecuted by the Minister, or by a member of the Garda Siochana.

12. Article 15 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ), shall not apply to carriage by road to which the Council Regulation applies.

13. Section 114 of the Road Traffic Act, 1961 (No. 24 of 1961), shall not apply to carriage by road to which the Council Regulation applies.

14. (1) In a prosecution for an offence under these Regulations in which the weight of a vehicle is at issue it shall be presumed until the contrary is proved that the weight of the vehicle at the time of the alleged offence exceeded the maximum weight permitted by the Council Regulation.

(2) In any prosecution for an offence under these Regulations in which the age of the driver of a vehicle or of the driver's mate or the conductor of a vehicle is at issue it shall be presumed until the contrary is proved that the driver, driver's mate or conductor, as the case may be, is of an age less than the minimum age required by the Council Regulation.

(3) In any prosecution for an offence under these Regulations in which the qualifications of a driver of a vehicle are at issue it shall be presumed until the contrary is proved that the driver does not possess the relevant qualifications prescribed by the Council Regulation.

(4) In a prosecution for an offence under these Regulations it shall be presumed until the contrary is proved that:

( a ) none of the exceptions to the application of the Council Regulation contained in Article 4 thereof is applicable to the case; and

( b ) none of the exceptions contained in Article 13 thereof or Regulation 5 of these Regulations is applicable to the case.

15. (1) In any prosecution for an offence under these Regulations where direct oral evidence of a fact would be admissible, any statement contained in a document, book or record obtained by an authorised officer in exercise of the powers conferred on him by these Regulations and tending to establish that fact shall, on production of the document, book or record by the authorised officer, be admissible as evidence of that fact.

(2) In any prosecution for an offence under these Regulations any recordings made by recording equipment installed and used in accordance with Council Regulation No. 3821/85 EEC ³ of 20 December, 1985 on recording equipment in road transport shall be admissible as evidence of the facts the recording equipment purports to record.

³O.J. No. L 370; 31.12.85.

(3) In any prosecution for an offence under these Regulations a fact disclosed by any document, book or record shall be admissible as evidence of any other fact disclosed by such document, book or record.

(4) In this Regulation "document, book or record" includes a copy of any document, book or record certified by a person who keeps such document, book or record as being a true copy thereof or a copy made by an authorised officer pursuant to his powers under these Regulations.

16. Article 5.2 of the Council Regulation shall not apply in relation to a person who is aged not less than 21 years and has carried on the occupation referred to in paragraph 4 of the said Article for at least one year prior to the 26th January, 1979.

17. The European Communities (Road Transport) Regulations, 1975 ( S.I. No. 260 of 1975 ), the European Communities (Road Transport) Regulations, 1979 ( S.I. No. 16 of 1979 ), and the European Communities (Road Transport) (Exemptions) Regulations, 1980 ( S.I. No. 390 of 1980 ), are hereby revoked.

GIVEN under my Official Seal, this 4th day of December, 1986.

TED NEALON,

Minister of State at the Department

of Communications.

EXPLANATORY NOTE.

I. The purpose of these Regulations is to provide for the implementation and enforcement of Council Regulation (EEC) No. 3820/85 on the harmonisation of certain social legislation relating to road transport and in particular to

( a ) provide for the powers of authorised officers for the enforcement of the Council Regulation;

( b ) prescribe penalties for infringements of the Regulations; and

( c ) specify those operations which shall be exempt from the Council Regulation when engaged in national transport operations.

II. The Council Regulation:

-- applies to the carriage of goods and passengers by road within the European Community;

-- applies the provisions of the "European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR)" to certain international road transport operations (Article 2);

-- prescribes the maximum periods of daily and fortnightly driving, minimum breaks and daily and weekly rest periods for drivers (Articles 6-9);

-- lays down minimum ages for drivers, drivers' mates and conductors (Article 5);

-- prohibits certain types of payments to wage earning drivers (Article 10);

-- prescribes the use of duty rosters and service time-tables on certain regular passenger services (Article 14);

-- obliges transport undertakings to ensure compliance with the requirements of the Regulation and of Council Regulation (EEC) No. 3821/85 (Recording Equipment) (Article 15).

III. The Regulations do not apply to vehicles when engaged in certain specified operations (Article 4). The Regulation also provides that Member States may exempt vehicles when engaged in certain national operations (Article 13 of Council Regulation and Regulation 5 of these Regulations refer).

IV. Council Regulation (EEC) No. 3820/85 replaces Council Regulation (EEC) No. 543/69 (as amended). The European Communities (Road Transport) Regulations, 1975 ( S.I. No. 260 of 1975 ), the European Communities (Road Transport) Regulations, 1979 ( S.I. No. 16 of 1979 ) and the European Communities (Road Transport) (Exemptions) Regulations, 1980 ( S.I. No. 390 of 1980 ) are repealed and are replaced by these regulations.