S.I. No. 390/1980:

EUROPEAN COMMUNITIES (ROAD TRANSPORT) (EXEMPTIONS) REGULATIONS, 1980.

EUROPEAN COMMUNITIES (ROAD TRANSPORT) (EXEMPTIONS) REGULATIONS, 1980.

I, GENE FITZGERALD, Minister for Labour, in exercise of the power conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Regulation No. 543/69/EEC¹ (as amended by Council Regulation No. 514/72/EEC², Council Regulation No 515/72/EEC³, Council Regulation No. 2827/77/EEC⁴ and Council Regulation No. 2829/77/EEC⁵) and Council Regulation No. 1463/70/EEC⁶ (as amended by paragraph 4 of Point III of Annex VII to the Act annexed to the decision of the 22nd day of January, 1972, of the Council of the European Communities relating to the accession of Ireland to the European Coal and Steel Community, by Council Regulation No 1787/73/EEC⁷ and Council Regulation No. 2828/77/EEC⁸, and after consultation with or authorisation by (as appropriate) the Commission of the European Communities, hereby make the following Regulations:

⁽¹⁾OJ No. L77, 29 March 1969, p.49

⁽²⁾OJ No. L67, 20 March 1972, p.1.

⁽³⁾OJ No. L67, 20 March 1972, p.11.

⁽⁴⁾OJ No. L334, 24 December 1977, p.1.

⁽⁵⁾OJ No. L334, 24 December 1977, p.11.

⁽⁶⁾OJ No. L164, 27 July 1970, p.1.

⁽⁷⁾OJ No.: L181, 4 July 1973, p.l.

⁽⁸⁾OJ No. L334, 24 December 1977, p.5.

1. These Regulations may be cited as the European Communities (Road Transport) (Exemptions) Regulations, 1980, and shall come into operation on the 16th day of December, 1980.

2. (1) In these Regulations--

"the European Communities Road Transport Regulation" means Council Regulation No. 543/69/EEC on the harmonisation of certain social legislation relating to road transport¹, as amended by Council Regulations Nos. 514/72/EEC², 515/72/EEC³, 2827/77/EEC⁴ and 2829/77/EEC⁵;

⁽¹⁾OJ No. L77, 29 March 1969, p.49

⁽²⁾OJ No. L67, 20 March 1972, p.1.

⁽³⁾OJ No. L67, 20 March 1972, p.11.

⁽⁴⁾OJ No. L334, 24 December 1977, p.1.

⁽⁵⁾OJ No. L334, 24 December 1977, p.11.

"the European Communities Recording Equipment Regulation" means Council Regulation No. 1463/70/EEC on the introduction of recording equipment in road transport⁶, as amended by Council Regulations Nos. 1787/73/EEC⁷ and 2828/77/EEC⁸.

⁽⁶⁾OJ No. L164, 27 July 1970, p.1.

⁽⁷⁾OJ No.: L181, 4 July 1973, p.l.

⁽⁸⁾OJ No. L334, 24 December 1977, p.5.

3. Pursuant to Article 14a⁽¹⁾ of the European Communities Road Transport Regulation, exemption is granted, in the case of internal goods transport operations carried out within a radius of 50 kilometers from the place where the vehicle is based, including municipalities the centre of which is situated within that radius--

⁽¹⁾OJ No. L77, 29 March 1969, p.49

( a ) from Articles 7 (1) and 8 of that Regulation, provided that the daily driving period includes sufficient breaks to ensure that the periods laid down in Articles 8 (1) and (2) of that Regulation are observed and that, in each case, there is a break of at least 30 minutes or two breaks of not less than 15 minutes each; and

( b ) as regards the transport of harvest produce and in respect of not more than 30 days in any year, from Article 11 (1) of that Regulation, provided that a daily rest period of not less than 10 consecutive hours is observed and that the reduction in the daily rest period is made good by a corresponding additional rest period to be taken immediately before or after the weekly rest period.

4. (1) Pursuant to Article 14a (2) of the European Communities Road Transport Regulation, exemption is granted from that Regulation for the national transport operations and uses mentioned in paragraph (3) of this Regulation.

(2) Pursuant to Article 3 (2) of the European Communities Recording Equipment Regulation, exemption is granted from the application of that Regulation for vehicles when being used for the national transport operations and uses mentioned in paragraph (3) of this Regulation.

(3) The national transport operations and uses referred to in paragraphs (1) and (2) of this Regulation are--

( a ) use of vehicles which are constructed and equipped to carry not more than 15 persons including the driver,

( b ) use of vehicles undergoing local road tests for purposes of repair or maintenance.

( c ) transport of live animals from farms to local markets or vice versa, and transport of animal carcasses or waste not intended for human consumption.

5. (1) Pursuant to Article 14a (3) (a) of the European Communities Road Transport Regulation, exemption is granted from that Regulation for the national transport operations mentioned in paragraph (3) of this Regulation.

(2) Pursuant to Article 3 (3) of the European Communities Recording Equipment Regulation, exemption is granted from the application of that Regulation for vehicles when being used for the national transport operations and uses mentioned in paragraph (3) of this Regulation.

(3) The national transport operations and uses referred to in paragraphs (1) and (2) of this Regulation are operations involving the use of specialised vehicles at local markets, for door-to-door selling, for mobile banking, exchange or savings transactions, for purposes of worship, for the lending of books, records or cassettes, for cultural events or mobile exhibitions.

GIVEN under my Official Seal, this 16th day of December, 1980.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

The purpose of these Regulations is to give effect to certain exemptions from the requirements of Regulation (EEC) No. 543/69 concerning drivers' hours and rest periods and Regulation (EEC) No. 1463/70 on the introduction of recording equipment (tachographs) in road transport. These exemptions apply only to vehicles engaged in national transport operations.

The following are exempt from all of the requirements of both Regulations:

( a ) use of vehicles which are constructed and equipped to carry not more than 15 persons including the driver;

( b ) use of vehicles undergoing local road tests for purposes of repair or maintenance;

( c ) transport of live animals from farms to local markets or vice versa, and transport of animal carcasses or waste not intended for human consumption; and

( d ) use of specialised vehicles at local markets, for door-to-door selling, for mobile banking, exchange or saving transactions, for purposes of worship, for the lending of books, records or cassettes, for cultural events or mobile exhibitions.

In addition, certain partial exemptions from some of the requirements of Regulation (EEC) no. 543/69 are provided for in respect of internal goods transport operations carried out within a radius of 50 kilometres from the place where a vehicle is based.