S.I. No. 260/1975 - European Communities (Road Transport) Regulations, 1975.

S.I. No. 260 of 1975.

EUROPEAN COMMUNITIES (ROAD TRANSPORT) REGULATIONS, 1975.

I, MICHAEL O'LEARY, Minister for Labour in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Road Transport) Regulations, 1975.

2. (1) In these Regulations—

"authorised officer" means a person appointed by the Minister for Labour to be an authorised officer for the purposes of these Regulations and the Council Regulation, an officer of Customs and Excise (within the meaning of the Customs Act, 1956 (No. 7 of 1956)) or a member of the Garda Síochána;

"the Council Regulation" means Council Regulation No. 543/69/ EEC of 25 March, 1969,¹ as amended by Council Regulation No. 514/72/EEC of 28 February, 1972,² and Council Regulation No. 515/72/EEC of 28 February, 1972.³

¹ OJ No. L77/49, 29 March, 1969.

² OJ No. L67/1, 20 March, 1972.

³ OJ No. L67/11, 20 March, 1972.

(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.

3. A vehicle registered in the State (including a trailer or semi-trailer) and having an unladen weight for the purposes of the Road Traffic Acts, 1961 to 1973, mentioned in column 1 of the Table to this Regulation shall be deemed, for the purposes of the Council Regulation and these Regulations, to be a vehicle having the permissable maximum weight mentioned in column 2 of the said Table opposite the mention of the said unladen weight.

TABLE

4. Any reduction in the duration of a daily rest period made in relation to international transport operations by virtue of paragraph 1 or 2 of Article 11 of the Council Regulation shall be made good before the expiration of one month from the date of the reduced rest period.

5. A person who—

( a ) (i) contravenes, or

(ii) causes or permits any person employed by him or subject to his orders to contravene,

while engaged in international transport operations, Section III, IV, V or VII of the Council Regulation, or

( b ) (i) contravenes, or

(ii) causes or permits any person employed by him or subject to his orders to contravene,

Regulation 4 of these Regulations,

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 such fine and such imprisonment.

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

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

( 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 international 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 international transport operations whether pursuant to the Council Regulation or these Regulations or otherwise, and

( b ) at any time inspect a vehicle, or 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 thereof and believed by him to be kept or used for the purposes of international transport operations whether pursuant to the Council Regulation or these Regulations or otherwise,

and may make copies and take extracts from any such document or record.

(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 fails to halt a vehicle when requested or required by an officer of Customs and Excise (within the meaning of the Customs Act, 1956 (No. 7 of 1956)) in uniform or a member of the Garda Síochána in uniform to do so, or fails to comply with a request or requirement of an authorised officer under the Council Regulation or these Regulations (other than a request or requirement of an officer of Customs and Excise not in uniform or a member of the Garda Síochána 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.

8. An offence under these Regulations may be prosecuted by the Minister for Labour.

9. These Regulations shall come into operation on the 1st day of December, 1975.

GIVEN under my Official Seal this 11th day of November, 1975.

MICHAEL O'LEARY,

Minister for Labour.

EXPLANATORY NOTE

Regulation No. 543/69/EEC as amended by Regulation 514/72/EEC and Regulation 515/72/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 purpose of these Regulations is to prescribe penalties for breaches of the EEC Regulation.