S.I. No. 178/2020 - European Union (Vehicle Drivers Certificate of Professional Competence) (Amendment) Regulations 2020
Notice of the making of this Statutory Instrument was published in | ||||||||||
“Iris Oifigiúil” of 26th May, 2020. | ||||||||||
The Minister for Transport, Tourism and Sport, in exercise of the powers conferred on him by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive (EU) 2018/645 of the European Parliament and of the Council of 18 April 20181 , hereby makes the following regulations: | ||||||||||
1. (1) These Regulations may be cited as the European Union (Vehicle Drivers Certificate of Professional Competence) (Amendment) Regulations 2020. | ||||||||||
(2) These Regulations come into operation on 23 May 2020. | ||||||||||
2. The European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008 (No. 359 of 2008) are amended – | ||||||||||
(a) in Regulation 2(1) – | ||||||||||
(i) by the substitution of the following for the definition of “category C”: | ||||||||||
“ ‘category C’ has the same meaning as it has in Regulation 6 of the Regulations of 2006;”, | ||||||||||
(ii) by the substitution of the following for the definition of “category C1”: | ||||||||||
“ ‘category C1’ has the same meaning as it has in Regulation 6 of the Regulations of 2006;”, | ||||||||||
(iii) by the deletion of the definition “category C+E”, | ||||||||||
(iv) by the insertion of the following definition: | ||||||||||
“ ‘category CE’ has the same meaning as it has in Regulation 6 of the Regulations of 2006;”, | ||||||||||
(v) by the deletion of the definition “category C1+E”, | ||||||||||
(vi) by the insertion of the following definition: | ||||||||||
“ ‘category C1E’ has the same meaning as it has in Regulation 6 of the Regulations of 2006;”, | ||||||||||
(vii) by the substitution of the following for the definition of “category D”: | ||||||||||
“ ‘category D’ has the same meaning as it has in Regulation 6 of the Regulations of 2006;”, | ||||||||||
(viii) by the substitution of the following for the definition of “category D1”: | ||||||||||
“ ‘category D1’ has the same meaning as it has in Regulation 6 of the Regulations of 2006;”, | ||||||||||
(ix) by the deletion of the definition “category D+E”, | ||||||||||
(x) by the insertion of the following definition: | ||||||||||
“ ‘category DE’ has the same meaning as it has in Regulation 6 of the Regulations of 2006;”, | ||||||||||
(xi) by the deletion of the definition “category D1+E”, | ||||||||||
(xii) by the insertion of the following definition: | ||||||||||
“ ‘category D1E’ has the same meaning as it has in Regulation 6 of the Regulations of 2006;”, | ||||||||||
(xiii) in the definition of “compulsory periodic retraining course”, by the substitution of “Regulation 12” for “Regulation 10”, and | ||||||||||
(xiv) by the substitution of the following for the definition of “relevant vehicle”: | ||||||||||
“ ‘relevant vehicle’ means a vehicle of category C, C1, CE, C1E, D, D1, DE or D1E;”, | ||||||||||
(b) in Regulation 6(2) - | ||||||||||
(i) by the substitution of the following for subparagraph (b): | ||||||||||
“(b) is used by, or under the control of – | ||||||||||
(i) the Garda Síochána, | ||||||||||
(ii) the Defence Forces, | ||||||||||
(iii) a fire brigade, | ||||||||||
(iv) the Civil Defence, | ||||||||||
(v) the Irish Prison Service, or | ||||||||||
(vi) an emergency ambulance service, | ||||||||||
where the carriage is undertaken as a consequence of the tasks assigned to those services.”, | ||||||||||
(ii) by the substitution of the following for subparagraph (e): | ||||||||||
“(e) is used in a state of emergency or assigned to a rescue mission, including a vehicle used in the non-commercial transport of humanitarian aid,”, | ||||||||||
(iii) by the substitution of the following for subparagraph (f): | ||||||||||
“(f) subject to paragraph (3), is used for driving instruction for, and examination of, any person wishing to obtain a driving licence or a CPC, provided that it is not being used for the commercial carriage of goods and passengers,”, | ||||||||||
(iv) in subparagraph (g), by the substitution of “purposes,” for “purposes, or”, | ||||||||||
(v) ín subparagraph (h), by - | ||||||||||
(I) the substitution of “material, equipment or machinery” for “material or equipment”, and | ||||||||||
(II) the substitution of “occupation, or” for “occupation.”, and | ||||||||||
(vi) by the insertion of the following subparagraph: | ||||||||||
“(i) requires a driving licence of category D or D1 and is driven without passengers by maintenance personnel to or from a maintenance centre situated in the vicinity of the nearest maintenance base which is used by the transport operator, provided that driving the vehicle does not constitute the driver’s principal activity.”, | ||||||||||
(c) by the insertion of the following paragraphs after paragraph (2) of Regulation 6: | ||||||||||
“(3) These Regulations shall not apply to any person wishing to obtain a driving licence or a CPC when that person is undergoing additional driving training during work-based learning, where that person is accompanied by another person certified by a CPC, or a driving instructor, for the category of vehicle used for the purpose set out in paragraph (2)(f). | ||||||||||
(4) These Regulations shall not apply where – | ||||||||||
(a) the driver of a vehicle operates in a rural area to supply his or her own business, | ||||||||||
(b) the driver does not offer transport services, and | ||||||||||
(c) the journeys are carried out no more than once in a thirty-day period and do not have an impact on road safety. | ||||||||||
(5) These Regulations shall not apply to the driver of a vehicle used, or hired without a driver, by agricultural, horticultural, forestry, farming or fishery undertakings for carrying goods as part of their own entrepreneurial activity except if the driving is part of the driver’s principal activity or the driving exceeds a distance of 25km from the base of the undertaking that owns, hires or leases the vehicle.”, | ||||||||||
(d) in Regulation 7 – | ||||||||||
(i) by the substitution of the table in paragraph (3) with the following: | ||||||||||
“TABLE | ||||||||||
| ||||||||||
”, | ||||||||||
(ii) by the substitution, in paragraph (8)(a), of “category D, DE, D1 and D1E” for “category D1, D1+E, D and D+E”, and | ||||||||||
(iii) by the substitution, in paragraph (8)(b), of “category C, CE, C1 and C1E” for “category C1, C1+E, C and C+E”, | ||||||||||
(e) in Regulation 11 – | ||||||||||
(i) by the substitution, in paragraph (a), of “category D, DE, D1 or D1E” for “category D1, D1+E, D or D+E”, and | ||||||||||
(ii) by the substitution, in paragraph (b), of “category C, CE, C1 or C1E” for “category C1, C1+E, C or C+E”, and | ||||||||||
(f) in Regulation 12 – | ||||||||||
(i) by the deletion of paragraph (3A), and | ||||||||||
(ii) by the insertion of the following paragraph after paragraph (7): | ||||||||||
“(8) The Authority will take into consideration in the current CPC training cycle certified compulsory periodic retaining completed in another Member State in accordance with the Directive.”. | ||||||||||
3. The European Union (International Road Haulage Market) Regulations 2011 (S. I. No. 698 of 2011) are amended by the substitution of the following for Regulation 6(b): | ||||||||||
“(b) issue driver attestations in accordance with Article 5 of the EU Regulation and Articles 10(2) and 10(3) of Directive 2003/59/EC of the European Parliament and of the Council of 15 July 20032 , and”. | ||||||||||
| ||||||||||
GIVEN under the Official Seal of the | ||||||||||
Minister for Transport, Tourism and Sport, | ||||||||||
21 May, 2020. | ||||||||||
SHANE ROSS, | ||||||||||
Minister for Transport, Tourism and Sport. | ||||||||||
EXPLANATORY NOTE | ||||||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||||||
These Regulations amend the European Communities (Vehicle Drivers Certificate of Professional Competence) (No. 2) Regulations 2008 (No. 359 of 2008) for the purpose of giving effect to Directive (EU) 2018/645 of the European Parliament and of the Council of 18 April 2018. | ||||||||||