S.I. No. 16/1979 - European Communities (Road Transport) Regulations, 1979.

S.I. No. 16 of 1979.

EUROPEAN COMMUNITIES (ROAD TRANSPORT) REGULATIONS, 1979.

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 in exercise of the authorisation conferred on the State by Commission Decision No. 78/86/EEC⁶, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities Road Transport) Regulations, 1979, and shall come into operation on the 26th day of January, 1979.

2. In these Regulations—

"authorised officer" means a person appointed by the Minister to be an authorised officer for the purposes of these Regulations and the Council Regulation, any officer of Customs and Excise or any member of the Garda Síochána;

"the Council Regulation" means Council Regulation No. 543/69/ EEC¹ as amended by Council Regulations Nos. 514/72/EEC², 515/72/EEC³, 2827/77/EEC⁴, and 2829/77/EEC⁵.

"the Minister" means the Minister for Labour;

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

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

(3) A vehicle registered in the State (including a trailer or semi-trailer) and having for the purposes of the Road Traffic Acts, 1961 to 1978, an unladen weight mentioned in column 1 of the Table to this Regulation shall be deemed, for the purposes of these Regulations and the Council Regulation, to be a vehicle having the permissible maximum weight mentioned in column 2 of that Table opposite the mention of that said unladen weight.

¹ OJ No. L 77, 29.3.1969, p.49.

²OJ No. L 67, 20.3.1972, p.1.

³OJ No. L 67, 20.3.1972, p.11.

⁴OJ No. L 334, 24.12.1977, p.1.

⁵OJ No. L 334, 24.12.1977, p.11.

⁶OJ No. L. 33, 3.2.1978, p.12.

TABLE

4. (1) Subject to the derogations from Articles 7, 11 and 12 of the Council Regulation provided for in paragraph (2) of this Regulation, a person who, while engaged in national road transport operations, contravenes (or causes or permits any person employed by him or subject to his orders to contravene) a provision of the Council Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both.

(2) Pursuant to Commission Decision No. 78/86/EEC⁶, Articles 7, 11 and 12 of the Council Regulation shall, until the 31st day of December, 1980, have effect subject to the modifications specified in Article 1 of that Decision, and Article 8 of the Council Regulation shall, until that date, apply in accordance with the continuous driving periods authorised by the Commission on the basis of that Decision.

5. A person appointed by the Minister to be an authorised officer shall be furnished with a warrant of his appointment as an authorised officer and when exercising any power conferred on an authorised officer by these Regulations and the Council Regulation shall, if requested by any person affected, produce the warrant to that person.

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

( a ) at all reasonable times enter a premises or place if he has reasonable grounds for believing that it is used for the purposes of national road transport operations or that a vehicle used for those purposes is at or in the premises or place and may inspect the vehicle and any documents, records and recording equipment believed by him to be kept or used for the purposes of national road transport operations,

( b ) at any time inspect a vehicle, or (if the officer is a member of the Garda Síochána in uniform or an officer of Customs and Excise in uniform), halt a vehicle which is being driven, and inspect it and any documents, records and recording equipment being carried in the vehicle or by the crew and believed by him to be kept or used for the purposes of national road transport operations, and

( c ) make copies of and take extracts from any document, record or recording equipment referred to in subparagraph (a) or (b) of this Regulation.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by these Regulations or the Council Regulation, 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 Síochána 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 or requirement by an authorised officer not in uniform to halt a vehicle) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.

7. (1) 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 that Article for at least one year before the commencement of these Regulations.

(2) Article 5.1 of the Council Regulation shall not apply, in respect of carriage within the State, in relation to a person who is residing in the State and who immediately before the commencement of these Regulations was licensed or would, but for a current disqualification, have been licensed under Part III of the Road Traffic Act, 1961 (No. 24 of 1961), to drive vehicles to which that Article relates.

(3) Article 5.2 of the Council Regulation shall not apply, in respect of carriage within the State, in relation to a person who is residing in the State and who immediately before the commencement of these Regulations was licensed or would, but for a current disqualification have been licensed under Part III of the Road Traffic Act, 1961 (No. 24 of 1961), to drive vehicles to which that Article relates.

(4) Article 5.3 of the Council Regulation shall not apply, in respect of carriage within the State, in relation to a person who is residing in the State and who was employed on or before the commencement of these Regulations as a driver's mate or conductor.

8. An offence under these Regulations may be prosecuted by the Minister, a member of the Garda Síochána or an officer of Customs and Excise.

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

10. Section 114 of the Road Traffic Act, 1961 (No. 24 of 1961), shall not apply to national road transport operations to which the Council Regulation applies.

GIVEN under my Official Seal, this 25th day of January, 1979.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

I The purpose of these Regulations is to prescribe penalties for breaches of Regulation No. 543/69/ EEC as amended.

Regulation No. 543/69/EEC as amended by Regulation 514/72/EEC, Regulation 515/72/EEC, Regulation 2827/77/EEC and Regulation 2829/77/EEC is aimed at the harmonisation of social legislation relating to road transport. It applies to passenger vehicles capable of carrying more than 9 persons including the driver and to goods vehicles with a maximum permissible laden weight of more than 3.5 metric tons. Among other provisions, it prescribes minimum ages and qualifications for drivers; maximum hours of driving and minimum rest periods for drivers.

The provisions in the Regulations in relation to continuous driving periods, daily driving periods, weekly and fortnightly driving periods, daily rest periods and weekly rest periods are being phased-in accordance with Commission Decision No. 78/86/EEC.

These phasing-in arrangements are described below (Part XIV).

II Scope of the EEC Regulation (Articles 2 and 4 of Regulation 543/69/EEC, as amended).

The Regulation applies to carriage of goods and passengers by road by vehicles registered in a Member State or in a third country in respect of any journey made within the Community. It applies to both national and international transport.

The Regulation does not apply to carriage by:

(1) vehicles which in construction and equipment are suitable for carrying not more than nine persons including the driver and are intended for that purpose;

(2) vehicles used for the carriage of goods, the permissible maximum weight¹ of which, including any trailer or semi-trailer does not exceed 3.5 metric tons (1½ tons unladen weight);

¹"Permissible maximum weight" means the maximum authorised operating weight of the vehicle fully laden.

(3) vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 km (about 31 miles);

(4) vehicles used by the police, armed forces, fire brigade, civil defence, drainage or flood prevention authorities, water, gas or electricity services, highway authorities, and refuse collection, telegraph or telephone services, by the postal authorities for the carriage of mail, by radio or television services or for radio or television detection, or vehicles which are used by other public authorities for public services and which are not in competition with professional road hauliers;

(5) vehicles used for the carriage of sick or injured persons and for carrying rescue material, and any other specialised vehicles used for medical purposes;

(6) tractors with a maximum authorised speed not exceeding 30 kilometres (19 miles) per hour;

(7) tractors and other machines used exclusively for local agricultural and forestry work;

(8) vehicles used to transport circus and fun-fair equipment;

(9) specialised breakdown vehicles.

III Minimum ages of drivers, drivers' mates and conductors. Drivers of goods vehicles (Article 5 (1) of Regulation 543/69/EEC, as amended).

(1) The minimum ages for drivers of goods vehicles are:—

( a ) for vehicles having a permissible maximum weight of not more than 7.5 metric tons (3 tons unladen weight), eighteen years;

( b ) for other vehicles:

—twenty-one years, or

—eighteen years, provided the person concerned holds a certificate of professional competence.

This does not apply in respect of driving within Ireland, to a person who had the appropriate licence before 26th January, 1979.

Where two drivers are required, one of the drivers must be over twenty-one years.

Drivers of passenger vehicles (Article 5 (2))

(2) Drivers of passenger vehicles must be at least twenty-one years, and meet one of the following conditions:

( a ) at least one year's experience as a driver of goods vehicles with a permissible maximum weight exceeding 3.5 metric tons (1½ tons unladen weight);

( b ) at least one year's experience as a driver of passenger vehicles on regular services not exceeding 50 kilometres (about 31 miles);

( c ) he must hold a certificate of professional competence.

This provision does not apply to a person over twenty-one years who has been driving passenger vehicles for at least one year before 26th January, 1979. The provision does not apply either in respect of driving within Ireland, to a person who had the appropriate licence before that date.

Drivers' Mates and Conductors (Article 5 (3))

(3) The minimum age for drivers' mates and conductors is eighteen years. However, this provision does not apply in respect of driving within Ireland to a person who was already employed as a driver's mate or conductor on or before 26th January, 1979. (In the case of internal transport operations carried out within a radius of 50 kilometres (about 31 miles) from the place where the vehicle is based, including municipalities the centre of which is situated within that radius, the minimum age for drivers' mates may be reduced, by law, to 16 years on condition that this is for purposes of vocational training and subject to the limits imposed by national law).

IV Requirement of two drivers (Article 6)

Where a driver is engaged in carriage by:

( a ) a motor vehicle or tractor with more than one trailer or semi-trailer;

( b ) a motor vehicle or tractor with one trailer or semi-trailer where this combination is used for the carriage of passengers and the permissible maximum weight of the trailer or semi-trailer exceeds 5 metric tons (2 tons unladen weight);

( c ) a motor vehicle or tractor with one trailer or semi-trailer where this combination is used for the carriage of goods and the permissible maximum weight of such combination exceeds 20 metric tons (8 tons unladen weight);

and the distance to be covered between two consecutive daily rest periods exceeds 450 km. (about 281 miles) that driver shall from the beginning of the journey be accompanied by another driver or shall, on reaching the 450 km. be relieved by another driver.

The foregoing provision does not apply to a vehicle in which approved recording equipment (a tachograph) is installed and used.

V Driving Periods¹ (Article 7)

(1) No period of continuous driving shall exceed four hours. Any driving period interrupted by breaks which do not at least satisfy the conditions laid down in Part VI, Paragraphs (1) and (2), shall be deemed to be continuous.

(2) The total period of driving time between two consecutive daily rest periods (hereinafter called the "daily driving period") shall not exceed 8 hours.

(3) In the case of drivers of vehicles other than the vehicles referred to in Part IV the daily driving period may be extended, not more than twice in any one week, to nine hours.

(4) The driving period may in no case exceed forty-eight hours in any one week or ninety-two hours in any two consecutive weeks.

VI Breaks from driving¹ (Article 8)

(1) For drivers of the vehicles referred to in Part IV, driving shall be interrupted for a period of not less than one hour at the end of the first four-hour period of continuous driving.

This break may be replaced by two breaks of not less than thirty minutes each, spaced out over the daily driving period in such a way that no period of continuous driving exceeds four hours.

(2) For drivers of vehicles other than the vehicles referred to in Part IV, driving shall be interrupted for a period of not less than thirty consecutive minutes at the end of a four-hour period of continuous driving.

This break may be replaced by two breaks of not less than twenty minutes each or by three breaks of not less than fifteen minutes each, which may all be spaced out over the four-hour period of continuous driving or may fall in part within that period and in part immediately follow it.

(3) During the breaks referred to in paragraphs (1) and (2) above the driver shall not drive or perform any activity relating to his work.

(4) If the vehicle is manned by two drivers, the requirements of paragraphs (1) and (2) above shall be deemed to be met if the driver who is having his break does not perform any activity relating to his work.

VII Daily Rest Periods¹ (Article II)

(1) Every crew memberengaged in the carriage of goods shall have had a daily rest period of not less than eleven consecutive hours during the twenty-four-hour period preceding any time when he is driving or performing any activity relating to his work.

The daily rest period of eleven hours referred to above may be reduced to nine hours, not more than twice in any one week, when such rest is taken at the place where the vehicle is based, or to eight hours, not more than twice in any one week, when such rest is taken elsewhere.

¹ This provision is being phased in over the period until 31 December, 1980. See Part XIV following.

² "Crew member" means the driver, driver's mate and conductor.

(2) Every crew member engaged in the carriage of passengers shall have had, during the twenty-four-hour period preceding any time when he is driving or performing any activity relating to his work:—

—a daily rest period of not less than ten consecutive hours which shall not be reduced during the week, or

—a daily rest period of not less than eleven consecutive hours, which may be reduced twice a week to ten consecutive hours and twice a week to nine consecutive hours provided that the transport operation includes a scheduled break of not less than four hours' uninterrupted duration or two breaks of not less than two hours' uninterrupted duration and that during such breaks the crew member concerned does not drive or perform any activity relating to his work.

The individual control book (described in Part XIII below) shall contain particulars showing which daily rest system is being followed during the week in question by every crew member engaged in the carriage of passengers.

(3) Where a vehicle is manned by two drivers and has no bunk enabling the crew members not performing any activity to lie down comfortably, each crew member shall have had a daily rest period of not less than ten consecutive hours during the twenty-seven-hour period preceding any time when he is driving or performing any activity related to his work.

(4) Where a vehicle is manned by two drivers and has a bunk enabling crew members not performing any activity to lie down comfortably, each crew member shall have had a daily rest period of not less than eight consecutive hours during the thirty-hour period preceding any time when he is driving or performing any activity related to his work.

(5) The daily rest period shall be taken outside the vehicle. However, if the vehicle has a bunk the rest period may be taken on that bunk provided that the vehicle is stationary.

(6) Any reductions in the duration of the daily rest period made by virtue of the exceptions provided for in paragraphs (1) and (2) shall be compensated.

VIII Rest periods in relation to crew members of vehicles transported by ferryboats or trains (Article 11a).

Where a crew member engaged in the carriage of goods or passengers accompanies a vehicle which is transported by ferryboat or train, the daily rest period may be interrupted not more than once, provided the following conditions are fulfilled:

—that part of the daily rest period spent on land may be taken before or after the portion of the daily rest period taken on board the ferryboat or the train;

—the period between the two portions of the daily rest period must be as short as possible and may on no account exceed one hour before embarkation on or after disembarkation, customs formalities being included in the embarkation or disembarkation operations;

—during both portions of the rest period the crew member must have access to a bunk or couchette:

—where a daily rest period is interrupted in this way, it shall be increased by 2 hours;

—any time spent on board a ferryboat or a train and not counted as part of the daily rest period shall be regarded as a break within the meaning of Part VI.

IX Weekly rest periods¹ (Article 12).

(1) In addition to the daily rest periods referred to in Part VII, every crew member shall have a weekly rest period of not less than 29 consecutive hours, which shall be immediately preceded or followed by a daily rest period.

(2) The rest period referred to in paragraph (1) may be reduced to not less than 24 consecutive hours provided that a rest period equivalent to the reduction is granted to the crew member concerned during the same week.

(3) However, during the period between 1 April and 30 September, the weekly rest period referred to in paragraph (1) may be replaced, for crew members of vehicles used for the international road transport of passengers, by a rest period of not less than sixty consecutive hours to be taken in full before the expiry of a period not exceeding fourteen consecutive days. This rest period must be immediately preceded or followed by a daily rest period conforming to the provisions of Part VII.

¹ This provision is being phased in over the period until 31 December, 1980. See Part XIV following.

(4) The preceding paragraph shall not apply to crew members of vehicles assigned to regular passenger services.

X Prohibition of certain types of payment (Article 12a).

Payment to wage-earning crew members, even in the form of bonuses or wage supplements, related to distances travelled and/or the amount of goods carried shall be prohibited, unless these payments are of such a kind as not to endanger road safety.

XI Provision for exceptional circumstances (Article 13a).

Provided that road safety is not thereby jeopardised, the driver may in case of danger, in circumstances outside his control, to render assistance, or as a result of a breakdown, and to the extent necessary to ensure the safety of persons, of the vehicle or of its load, and to enable him to reach a suitable stopping place or, according to circumstances, the end of his journey, depart from the provisions of Parts IV, V (2), V (4) and VII. The driver shall indicate the nature and reasons for such departure in the individual control book, or on the record sheet of the recording equipment.

XII Duty rosters and service time-tables for regular services (Article 15).

(1) All operators of regular services shall draw up a service time-table and a duty roster.

(2) The duty roster shall show, in respect of each crew member, the name, date of birth, place where based and the schedule, which shall have been laid down in advance, for the various periods of time relating to driving periods, daily rest periods, breaks from work and other periods of attendance at work.

(3) The duty roster shall include all the particulars specified in paragraph 2 for a minimum period covering both the current week and the weeks immediately preceding and following that week.

(4) The duty roster shall be signed by the head of the undertaking or by a person authorised to represent him.

(5) Each crew member assigned to a regular service shall carry an extract from the duty roster and a copy of the service timetable.

XIII Control Procedures (Article 14).

(1) Crew members of a vehicle not assigned to a regular service and in which approved recording equipment (tachograph) is not installed and used shall carry an individual control book conforming to the model in the Annex to Regulation 543/69/EEC, as amended.

(2) Members of the crew shall from day to day enter in the daily sheets of the individual control book details of the following periods:

—daily rest periods;

—breaks from work of not less than fifteen minutes;

—driving periods;

—other periods of attendance at work.

(3) Crew members shall produce the individual control book whenever required to do so by any authorised inspecting officer.

(4) All undertakings shall keep a register of the individual control books, which shall show the name of each crew member to whom a book is issued, an acknowledgement of receipt by the crew member, the number of the book, its date of issue and the date of the last daily sheet completed. It shall be produced at the request of any authorised inspecting officer.

(5) All completed individual books shall be kept by the undertaking for at least one year.

XIV Phasing-in arrangements.

The Commission of the European Communities has authorised Ireland to implement the provisions relating to driving periods and daily and weekly rest periods as follows:—

1. Continuous driving period:

—up to 31 December, 1979, the continuous driving period shall not exceed five hours;

—from 1 January, 1980, to 31 December, 1980, the continuous driving period shall not exceed four -and-a-half hours;

—from 1 January, 1981, the continuous driving period shall not exceed 4 hours.

2. Daily driving period:

—up to 30 June, 1979, the daily driving period shall not exceed ten-and-a-half hours;

—from 1 July, 1979, to 31 December, 1979, the daily driving period shall not exceed ten hours;

—from 1 January, 1980 to 30 June, 1980, the daily driving period shall not exceed nine-and -a half-hours;

—from 1 July, 1980 to 31 December, 1980, the daily driving period shall not exceed nine hours;

—from 1 January, 1981, the daily driving period shall not exceed eight hours.

3. Weekly and fortnightly driving period:

—up to 30 June, 1979, the driving period shall not exceed 63 hours in any one week or 124 hours in any two consecutive weeks;

—from 1 July, 1979, to 31 December, 1979, the driving period shall not exceed 60 hours in any one week or 118 hours in any two consecutive weeks;

—from 1 January, 1980 to 30 June, 1980, the driving period shall not exceed 57 hours in any one week or 112 hours in any two consecutive weeks;

—from 1 July, 1980 to 31 December, 1980 the driving period shall not exceed 54 hours in any one week or 106 hours in any two consecutive weeks;

—from 1 January, 1981, the driving period shall not exceed 48 hours in any one week or 92 hours in any two consecutive weeks.

4. Daily rest periods:

—up to 30 June, 1979, every crew member shall have had a daily rest period of ten consecutive hours during the twenty-four hour period preceding any time when he is performing any activity covered by Article 14 (2) (c) or (d) of Regulation No. 543/69 which may be reduced to nine hours provided that the following daily rest period is at least twelve hours;

—from 1 July, 1979, to 31 December, 1980, the daily rest period shall be ten-and-a-half hours which may be reduced to nine hours provided that the following daily rest period is at least twelve hours;

—from 1 January, 1981, the daily rest period for every crew member engaged in the carriage of goods shall be at least eleven consecutive hours; this daily rest may in certain circumstances be reduced to nine hours, not more than twice in any one week, or to eight hours, not more than twice in any one week;

—from 1 January, 1981, the daily rest period for every crew member engaged in the carriage of persons shall be not less than ten consecutive hours, which shall not be reduced during the week, or a daily rest of not less than eleven consecutive hours, which may, in certain circumstances, be reduced twice a week to 10 consecutive hours and twice a week to 9 consecutive hours:

5. Weekly rest period:

—up to 30 September, 1979, for the carriage of passengers, the weekly rest period may be taken at any time between 0000 Sunday and 2400 Saturday;

—from 1 January, 1979, for the carriage of goods and from 1 October, 1979, for the carriage of passengers, any period of seven consecutive days must include a weekly rest period;

—up to 31 December, 1979, the weekly rest period may not be less than at least 29 hours, not necessarily preceded or followed immediately by a daily rest period;

—from 1 January, 1980 to 31 December, 1980 the weekly rest period may be reduced to 24 hours, immediately preceded or followed by a daily rest period;

—from 1 January, 1981, the weekly rest period shall be not less than 29 hours, which shall be immediately preceded or followed by a daily rest period. The 29 hour weekly rest period may be reduced to not less than 24 consecutive hours provided that a rest period equivalent to the reduction is granted to the crew member concerned during the same week.