S.I. No. 20/1998 - Organisation of Working Time (Exemption of Transport Activities) Regulations, 1998.

S.I. No. 20 of 1998.

ORGANISATION OF WORKING TIME (EXEMPTION OF TRANSPORT ACTIVITIES) REGULATIONS, 1998.

I, TOM KITT, Minister for Labour, Trade and Consumer Affairs, in exercise of the powers conferred on me by section 3 (3) of the Organisation of Working Time Act, 1997 (No. 20 of 1997), as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 ), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby make the following regulations:

1 Citation and commencement

1. These Regulations may be cited as the Organisation of Working Time (Exemption of Transport Activities) Regulations, 1998, and shall come into operation on the 1st day of March, 1998.

2 Definitions

2. In these Regulations—

"the Act" means the Organisation of Working Time Act, 1997 (No. 20 of 1997);

"the exemption" means the exemption provided for by Regulation 3 (1) of these Regulations.

3 Exemption

3. (1) Subject to paragraph (2) of this Regulation, each of the activities specified in the Schedule to these Regulations is hereby exempted from the application of sections 11, 12, 13, 15 and 16 of the Act.

(2) The exemption shall not apply as respects a particular employee if he or she is not engaged wholly or mainly in carrying on or performing the duties of the activity concerned.

SCHEDULE

1. An activity consisting of, or connected with, the operation of any vehicle, train, vessel, aircraft or other means of transport (whether of goods or persons) other than any activity of a person holding a position of an administrative, managerial or clerical nature that is not directly related to the operation of such a means of transport.

2. An activity that is carried on—

(a) for the purpose of the transport timetable, that is to say an activity that is carried on for the purpose of ensuring the continuity or regularity of any service which provides a means of transport referred to in paragraph 1 of this Schedule, or

(b) for the purpose of ensuring the safety of such a means of transport,

other than any activity of a person holding a position of an administrative, managerial or clerical nature that is not directly related to the doing of the things required to be done for either such purpose.

3. In this Schedule "vessel" includes any vessel used to navigate inland waters (including any lake).

GIVEN under my hand, this 30th day of January, 1998.

TOM KITT, T.D.

Minister for Labour, Trade and Consumer Affairs.

EXPLANATORY NOTE.

These Regulations prescribe that persons employed in a transport activity as defined in the Schedule shall be exempt from the application of sections 11 , 12 , 13 , 15 and 16 of the Organisation of Working Time Act, 1997 dealing respectively with daily rest, rests and intervals at work, weekly rest, weekly working hours and nightly working hours.