S.I. No. 214/1979 - European Communities (Road Transport) (Recording Equipment) Regulations, 1979.

S.I. No. 214 of 1979.

EUROPEAN COMMUNITIES (ROAD TRANSPORT) (RECORDING EQUIPMENT) 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. 1463/70/EEC¹ (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/EEC² and Council Regulation No. 2828/77/EEC³), hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Road Transport) (Recording Equipment) Regulations, 1979.

2. (1) In these Regulations—

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

"the Council Regulation" means Council Regulation No. 1463/70/ EEC,¹ 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/EEC² and Council Regulation No. 2828/77/EEC³;

"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, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Regulation.

¹ OJ No. L164, 27/7/1970, P. 5.

² OJ No. L181, 4/7/1973, P. 1.

³ OJ No. L334, 24/12/1977, P. 5.

3. An authorised officer shall be an authorised inspecting officer for the purposes of the Council Regulation.

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 1978, an unladen weight not exceeding 1½ tons shall, for the purposes of these Regulations and the Council Regulation, be deemed to have a permissible maximum weight of 3.5 metric tons.

(2) In a prosecution for an offence consisting of a contravention of Regulation 6 of these Regulations it shall be a good defence to show that the gross vehicle weight of a vehicle as determined by its manufacturer does not exceed 3.5 metric tons.

5. The Institute for Industrial Research and Standards shall be the competent authority of the State for the purposes of Chapters II and III of the Council Regulation.

6. (1) The owner of a vehicle referred to in Article 3 of the Council Regulation (other than a vehicle excepted by that Article) shall install (or cause to be installed) in the vehicle recording equipment complying with the requirements of the Council Regulation and where such a vehicle is in the charge of a person other than the owner, that person shall either install (or cause to be installed) such equipment or return the vehicle to the owner for such installation.

(2) This Regulation shall, in relation to a vehicle not registered in the State at the making of these Regulations, and also in relation to vehicles engaged in transport operations between Member States come into operation on the 25th day of June, 1979.

(3) This Regulation shall, in relation to a vehicle less than two years old on the 1st day of March, 1979, come into operation on the 31st day of August, 1979.

(4) This Regulation shall, in relation to a vehicle more than two years old on the 1st day of March, 1979, but less than five years old on that date, come into operation on the 29th day of February, 1980.

(5) This Regulation shall, in relation to a vehicle not referred to in paragraph (2), (3) or (4) of this Regulation, come into operation on the 30th day of September, 1980.

7. Recording equipment installed in a vehicle in compliance with Regulation 6 of these Regulations shall be used—

( a ) in the case of vehicles engaged in transport operations between Member States, on and from the 25th day of June, 1979, and

( b ) in the case of other vehicles, on and from the 1st day of January, 1981.

8. The obligation imposed by Regulation 7 of this Regulation to use recording equipment shall be in lieu of the obligation to use individual control books imposed by Council Regulation No. 543/69.⁴

9. A person who contravenes Regulation 6 or 7 of these Regulations shall be guilty of an offence.

10. A person who, in relation to transport operations within Member States and between Member States, contravenes or causes or permits any person employed by him or subject to his orders to contravene Article 14 (1), 14 (2), 14 (4), 15, 17 (1), 17 (2), 17 (3), 17 (5) or 18 of the Council Regulation shall be guilty of an offence.

11. A person who, in relation to transport operations within Member States and between Member States, contravenes Article 16 of the Council Regulation shall be guilty of an offence.

12. A person guilty of an offence under these Regulations 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.

13. 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 or the Council Regulation shall, if requested by any person affected, produce the warrant to that person.

14. (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 transport operations either within the State or between Member States, 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 or recording equipment believed by him to be kept or used for those purposes, whether pursuant to the Council Regulation or these Regulations or otherwise, and

⁴OJ No. L77, 29/3/1969, P. 49.

( b ) at any time inspect a vehicle, or (if the officer is a member of the Gárda 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 or recording equipment being carried in the vehicle or by the crew and believed by him to be kept or used for the purposes of transport operations within the State or between Member States, whether pursuant to these Regulations or the Council Regulation or otherwise, and

( c ) make copies of and take extracts from any such document or record referred to in paragraph (a) or (b) of this sub-paragraph.

(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by the Council Regulation or 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 Gárda 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 of 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.

15. The Minister shall cause to be carried out by fitters or at workshops approved by the competent authority periodic inspections of the type specified in Chapter VI of Annex I to the Council Regulation.

16. An offence under these Regulations may be prosecuted by the Minister or by a member of the Gárda Síochána.

GIVEN under my Official Seal, this 19th day of June, 1979.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE.

I. The purpose of these Regulations is to give effect to Regulation (EEC) 1463/70 as amended and in particular to:

( a ) set up the authority for type-approval of tachographs and for the approval and supervision of workshops;

( b ) establish the system of control;

( c ) prescribe penalties for breaches of the Regulation; and

( d ) lay down phasing arrangements for the installation and use of tachographs.

Regulation (EEC) No. 1463/70 as amended by Annex VII, point III, paragraph 4 of the Treaty of Accession, by Regulation (EEC) 1787/73 and Regulation (EEC) No. 2828/77 provides for the introduction of recording equipment (tachographs) in road transport. The scope of the Regulation is set out in some detail together with provisions as to type approval, installation and inspection and use of equipment. Detailed Annexes set out the requirements for construction, testing, installation and inspection of tachographs.

The provisions in the Regulation in relation to installation and use of tachographs are being phased in (in accordance with a Commission Decision dated 8 November, 1978). These phasing-in arrangements are described at III below.

II. Scope of the EEC Regulations (Article 3 of Regulation (EEC) 1463/70 as amended).

The Regulation specifies that tachographs shall be installed and used in vehicles used for the carriage of passengers or goods by road and registered in a Member State, with the following exceptions :

(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 weight (See Note) of which, including any trailer or semi-trailer does not exceed 3.5 metric tons;

(3) vehicles used for the carriage of passengers on regular services;

(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;

Note: " Permissible maximum weight" means the maximum authorised operating weight of the vehicle fully laden. The unladen weight equivalent of 3.5 metric tons (3,500 kg) maximum permissible weight is approximately 1.5 tons. The Regulation requires the installation and use of tachographs on goods vehicles in excess of 1.5 tons unladen weight: in the event of a prosecution for an offence it shall be a good defence to show that the manufacturers design gross vehicle weight is not in excess of 3.5 metric tons.

III. Timetable for Phasing in the Regulations (Article 4 and Commission Decision dated 8 November, 1978).

The Commission of the European Communities has authorised Ireland to implement the provisions as follows: —

— As from 25 June, 1979 installation of tachographs on newly registered vehicles;

— By 31 August, 1979 installation on vehicles less than two years old on 1 March, 1979;

— By 29 February, 1980 installation on vehicles less than five years old on 1 March, 1979;

— By 30 September, 1980 installation on all remaining vehicles;

— Use of tachographs from 1 January, 1981.

Furthermore, application of the Regulation has been postponed to 1st July, 1979, for vehicles used exclusively for the domestic carriage of goods, other than dangerous goods,

— which are engaged in transport operations within a radius of 50 kilometres of the vehicles' depot, including local administrative areas the centres of which are within this radius, or

— which have a maximum authorised weight, inclusive of trailers or semi-trailers, of not more than 6 metric tons or a payload of not more than 3.5 metric tons.

An announcement will be made as to whether this temporary postponement is to be extended beyond that date.

IV. Type Approval, Installation and Inspection (Articles 6 to 14).

Chapter II of the EEC Regulation refers to approval of a type of recording equipment and model record sheet. The Institute for Industrial Research and Standards, (IIRS), Ballymun Road, Dublin 9, is the official Irish authority for type approval of tachographs, for the approval of installation agents and for the testing and approval of all ancillary equipment. Chapter III makes provision for installation and inspection of tachographs:

— Tachographs may be installed or repaired only by fitters or workshops approved by the Institute for Industrial Research and Standards (Article 14 (1)).

— The approved fitter or workshop shall place a special mark on the seals which it affixes (Article 14 (2)): each fitter and workshop has its individual identifiable mark.

— To certify that installation of recording equipment took place in accordance with the requirements of the regulation an installation plaque shall be affixed to the vehicle (Article 14 (4)).

V. Use of the Equipment and Responsibilities of Employers and Crew Members (Articles 15 to 17).

The employer and crew members shall be responsible for seeing that the equipment functions correctly and that the seals remain intact. Any operation or interference resulting in falsified readings or recordings shall be prohibited. The seals may be broken only in case of absolute necessity, which will have to be duly proved (Article 15).

It is the employer's responsibility to issue a sufficient number of record sheets to crew members, bearing in mind the fact that these sheets are personal in character, the length of the period of service and the possible need to replace sheets which are damaged, or have been taken by an authorised inspecting officer. The employer shall issue to crew members only sheets of an approved model suitable for use in the equipment installed in the vehicle. The employer shall retain record sheets for a period of at least one year after their use; the sheets for each crew member shall be produced or handed over at the request of any authorised inspecting officer (Article 16).

Crew members shall not use dirty or damaged record sheets. The sheets shall be adequately protected on this account. In case of damage to a sheet bearing recordings, the crew members shall attach the damaged sheet to the spare sheet used to replace it (Article 17(1)).

Crew Members shall see that the equipment is kept running continuously from the time when they take over the vehicle until they are relieved from their responsibility for it.

In particular:

— they shall ensure that the time recorded on the sheet agrees with the official time in the country of registration of the vehicle;

— they shall operate the switch mechanisms enabling the following periods of time to be recorded separately and distinctly:

( a ) driving time,

( b ) other periods of work and of attendance at work,

( c ) breaks from work and rest periods.

The periods of time referred to in (b) may be recorded separately on the record sheet;

— they shall make the necessary changes to the record sheets in the case of a crew of several members so that the distance travelled by the vehicle, the speed of the vehicle and the driving time is recorded on the record sheet of the crew member who is actually driving.

When the crew members are away from the vehicle and therefore unable to operate the equipment fitted to the vehicle themselves, the various periods of time shall, whether manually, by automatic recording or otherwise, be entered on the sheet in a legible manner and without the sheets being dirtied. Crew members shall ensure that the entry marking the beginning of a period of time is made at the beginning of the period to which the entry relates (Article 17 (2)).

Each crew member shall enter the following information on his record sheet:

( a ) on beginning to use the sheet—his surname and first name;

( b ) the date and place where use of the sheet begins and the date and place where such use ends;

( c ) the registration number of each vehicle to which he is assigned, both at the start of the first journey recorded on the sheet and then, in the event of a change of vehicle, during use of the sheet;

( d ) the odometer reading:

— at the start of the first journey recorded on the sheet;

— at the end of the last journey recorded on the sheet;

— in the event of a change of vehicle during a working day (reading on the vehicle to which he was assigned and reading on the vehicle to which he is to be assigned);

( e ) the time of any change of vehicle (Article 17 (3)).

Crew members must be able to produce on request by any authorised inspecting officer a record sheet or sheets giving full details of all relevant periods for not less than the seven days preceding the time when the check is made (Article 17 (5)).

VI. Breakdown of the Equipment (Article 18).

In the event of breakdown or faulty operation of the equipment, the employer shall have it repaired by approved fitters or workshops, at the latest as soon as the vehicle has returned to the premises of the undertaking.

If the vehicle is unable to return to the premises within a period of one week counting from the day of the breakdown or the discovery of defective operation, the repair shall be carried out en route.

While the equipment is unserviceable or operating defectively crew members shall mark on the record sheet or sheets, or on a temporary sheet to be attached to the record sheet, all information for the various periods of time which is not recorded correctly by the equipment.

VII. Other Provisions.

Inspection and control will be exercised by persons appointed by the Minister for Labour, any officer of the Customs and Excise or any member of the Garda Síochána.

Notwithstanding the phasing-in arrangements agreed by the Commission in respect of national transport operations the Regulation applies forthwith in the case of vehicles engaged in international transport operations between Member States.

Responsibility for installation of tachographs falls on the owner of the vehicle; where the vehicle is in the charge of a person who is not the owner that person shall either assume responsibility for installing the equipment or return the vehicle to the owner for its installation.

From 1 January, 1981 the tachograph will replace the individual control book (log book) currently required by the European Communities (Road Transport) Regulations, 1979 ( S.I. No. 16 of 1979 ).

The Regulations provide for fines not exceeding £200 or, at the discretion of the Court, imprisonment for a term not exceeding six months, or both.