S.I. No. 358/1982 - European Communities (International Carriage of Goods by Road) Regulations, 1982.


S.I. No. 358 of 1982.

EUROPEAN COMMUNITIES (INTERNATIONAL CARRIAGE OF GOODS BY ROAD) REGULATIONS, 1982.

I, JOHN P. WILSON, Minister for 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 Directive 82/50/EEC1, hereby make the following Regulations:

1OJ No. L 27, 4.2.1982, pp. 22 and 23.

1. These Regulations may be cited as the European Communities (International Carriage of Goods by Road) Regulations, 1982, and shall come into operation on the 7th day of December, 1982.

2. The European Communities (International Carriage of Goods by Road) Regulations, 1980 ( S.I. No. 253 of 1980 ), are hereby amended by the substitution for the Schedule to those Regulations of the Schedule to these Regulations.

SCHEDULE.

Types of Carriage exempted from licensing requirements of the Road Transport Acts.

Ref. No.

Types of Carriage

1.

Occasional carriage of goods being carried to or from airports, in the event of air services being diverted.

2.

Carriage of luggage (a) in trailers coupled to passenger-carrying vehicles or (b) to or from airports.

3.

Carriage of mails.

4.

Carriage of vehicles which have suffered damage or breakdown.

5.

Carriage of refuse and sewage.

6.

Carriage of animal carcases for disposal.

7.

Carriage of bees or fish fry.

8.

Carriage of articles required for medical care in emergency relief and in particular for relief in natural disasters.

9.

Carriage of goods which by reason of their value are carried in specially constructed vehicles which are accompanied by police or other security guards.

10.

Funeral transport.

11.

The carriage of goods in motor vehicles where the following conditions are fulfilled:—

( a ) the goods carried are the property of the undertaking or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by the undertaking;

( b ) the purpose of the journey is to carry the goods to or from the undertaking or to move them either inside the undertaking or outside for its own requirements;

( c ) motor vehicles used for such carriage are driven by employees of the undertaking;

( d ) the vehicles carrying the goods are owned by the undertaking or have been bought by it on deferred terms (but this provision does not apply to the use of a replacement vehicle during a short breakdown of the vehicle normally used);

( e ) carriage is only ancillary to the overall activities of the undertaking.

12.

Carriage of spare parts for sea-going vessels and aircraft.

13.

Transit, in an unladen state, of a vehicle used for goods transport and intended to replace a vehicle which has become unserviceable in a Member State other than that in which it is registered, and the continuation, by the breakdown vehicle, of the transport under cover of an authorisation issued for the vehicle which has become unserviceable.

14.

Carriage of objects and works of art for exhibition or for commercial purposes.

15.

Occasional carriage of objects and materials exclusively for publicity or information purposes.

16.

Carriage of material, properties and animals to or from theatrical, musical or film performances or sporting events, circuses, exhibitions or fairs, or to or from the making of radio or television broadcasts or films.

GIVEN under my Official Seal, this 7th day of December, 1982.

JOHN P. WILSON,

Minister for Transport.

EXPLANATORY NOTE

The First Council Directive of 23rd July 1962, as amended, provides for the establishment of common rules for certain types of carriage of goods by road between Member States of the EEC. These Regulations give effect to amending Council Directive 82/50/EEC of 19 January 1982, the purpose of which is to add a further 5 types of carriage of goods to those already freed from quota and licensing controls by the First Council Directive. Certain other categories are freed from quota controls only. The Regulations do not apply to those categories of international road freight transport freed from quota controls as the provisions of the Road Transport Acts are adequate for this purpose.