S.I. No. 138/1987 - European Communities (Road Transport) (Exemptions) Regulations, 1987.

S.I. No. 138 of 1987.

EUROPEAN COMMUNITIES (ROAD TRANSPORT) (EXEMPTIONS) REGULATIONS, 1987.

I, JOHN P. WILSON, Minister for Tourism and Transport, in exercise of the powers 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. 3820/85/EEC ¹, and Council Regulation No. 3821/85/EEC ¹ and after consultation with the Commission of the European Communities as required by the said Council Regulations hereby make the following Regulations:

1. (1) These Regulations may be cited as the European Communities (Road Transport) (Exemptions) Regulations, 1987.

(2) These Regulations shall come into operation on the 8th day of June, 1987.

2. In these Regulations—

"the European Communities (Road Transport) Regulation" means Council Regulation No. 3820/85/EEC ¹ on the harmonisation of certain social legislation relating to road transport.

"the European Communities (Recording Equipment) Regulations" means Council Regulation No. 3821/85/EEC ¹ on recording equipment in road transport.

3. (1) Pursuant to Article 13 of the European Communities (Road Transport) Regulation and Article 3 of the European Communities (Recording Equipment) Regulation the classes of vehicle registered in the State set out in paragraph (2) of this Regulation are hereby exempted from the provisions of the Council Regulations with the exception of Article 5 of the Council Regulation No. 3820/85/EEC in respect of carriage by road between the State and Northern Ireland, and the said classes of vehicle registered in Northern Ireland are hereby exempted from the provisions of the Council Regulations in respect of carriage by road in the State.

¹ O.J. No. L370; 31.12.1985.

(2) The following are the categories of vehicles referred to in paragraph (1) of this Regulation:

(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 being 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 but a vehicle which is being used by a fishery undertaking is not exempt under this paragraph unless it is being used—

(i) to carry live fish, or

(ii) to carry fish which has not been subjected to a process or treatment ( other than freezing) from the place of landing to a place where it is to be so subjected;

(c) vehicles being used for carrying animal waste and carcasses which are not intended for human consumption;

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

(e) vehicles being used—

(i) as shops at local markets,

(ii) for door-to-door selling,

(iii) for mobile banking, exchange or savings 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;

(f) vehicles for the carriage of goods (which have an unladen weight not exceeding 3048 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; and

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

GIVEN under my Official Seal, this 20th day of May, 1987.

JOHN P. WILSON,

Minister for Tourism and

Transport.

EXPLANATORY NOTE.

The purpose of these Regulations is to exempt from the requirements of Regulation (EEC) No. 3820/85 other than Article 5 (minimum ages for driving) concerning drivers hours and rest periods and Regulation (EEC) No. 3821/85 on the introduction of recording equipment (tachographs) in road transport vehicles engaged in certain categories of international transport between the State and Northern Ireland.