S.I. No. 578/2011 - European Communities (Road Transport) (Working Conditions and Road Safety) (Amendment) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th November, 2011.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport 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 full effect to Council Regulation (EEC) No. 3821/85 of 20 December 1985 (as amended by Council Regulation (EC) No. 2135/98 of 24 September 1998, Commission Regulation (EC) No. 1360/2002 of 13 June 2002, Regulation (EC) No. 561/2006 of the European Parliament and of the Council of 15 March 2006 and Commission Regulation (EC) No. 68/2009 of 23 January 2009 and Commission Regulation (EU) No. 1266 of 2009 of 16 December 2009) and Regulation (EC) No. 561/2006 of the European Parliament and of the Council of 15 March 2006 (as amended by Article 29 of Regulation (EC) No. 1073/2009 of the European Parliament and of the Council of 21 October 2009) hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Road Transport) (Working Conditions and Road Safety) (Amendment) Regulations 2011.

2. These Regulations come into operation on 1 December 2011.

3. The European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008 (No. 62 of 2008) are amended by substituting for Regulation 22 the following:

“22.(1) The Road Safety Authority may issue a digital tachograph card only on payment of the fee provided for at paragraph 2 or paragraph 3 as appropriate.

(2) Where an application for a digital tachograph card is submitted online through a website designated for these purposes by the Road Safety Authority, the fee payable shall be €45.

(3) Where an application for a digital tachograph card is submitted in a manner other than in accordance with paragraph (2), the fee payable shall be €60.”

4. Where:

(a) an application is submitted for a digital tachograph card in accordance with paragraph (2) or paragraph (3), and

(b) the applicant fails to provide the documentation and/or information that is required for the purposes of such application within 90 days of the application being made, the Road Safety Authority may refuse any such application and any fee paid in accordance with paragraph (2) or paragraph (3) will be forfeited.

GIVEN under my Official Seal,

14 November 2011.

LEO VARADKAR,

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 alter the fees payable by persons applying for digital tachographs cards. A reduction will apply to on-line applications for digital tachograph driver and company cards made using the Road Safety Authority website. The Regulations also provide that the Road Safety Authority will be entitled to refuse an application for a digital tachograph card if the applicant fails to provide sufficient documentation and/or information to the Road Safety Authority within 90 days of the application being made and the Regulations provide that in such circumstances the relevant application fee may be forfeited.