European Communities (Road Transport) (Recording Equipment) Regulations, 1986

• Jurisdiction: Ireland
• Year: 1986
• Citation: IR SI 393/1986

S.I. No. 393 of 1986.

EUROPEAN COMMUNITIES (ROAD TRANSPORT) (RECORDING EQUIPMENT) REGULATIONS, 1986.

I, TED NEALON, Minister of State at the Department of Communications, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and the Communications (Delegation of Ministerial Functions) Order, 1984 ( S.I. No. 146 of 1984 ), and for the purpose of giving effect to Council Regulation No. 3821/85/EEC 1 and after consultation with the Commission of the European Communities as required by the said Council Regulation hereby make the following Regulations:

1O.J. No. L730; 31.12.1985. 1. These Regulations may be cited as the European Communities (Road Transport) (Recording Equipment) Regulations, 1986. 2. (1) In these Regulations—

"authorised officer" means a transport officer appointed by the Minister under section 15 of the Road Transport Act, 1986 (No. 16 of 1986), any officer of Customs and Excise or any member of the Garda Siocha na;

"the Council Regulation" means Council Regulation No. 3821/85/EEC;

"the Minister" means the Minister for Communications;

"Officer of Customs and Excise" has the same meaning as in the Customs Act, 1956 (No. 7 of 1956);

"recording equipment" means recording equipment that may indicate the periods of time referred to in Council Regulation No. 3820/85EEC2.

2O.J. No. L370; 31.12.1985.

(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. (1) A vehicle registered in the State (including a trailer or semi-trailer) and having for the purposes of the Road Traffic Acts, 1961 to 1984, an unladen weight not exceeding 1,524 kilogrammes shall, for the purposes of these Regulations and the Council Regulation, be deemed to have a permissible maximum weight of 3.5 tonnes.

(2) A vehicle registered in the State (including a trailer or semi-trailer) and having for the purposes of the Road Traffic Acts, 1961 to 1984, an unladen weight not exceeding 3,048 kilogrammes shall, for the purposes of these Regulations and the Council Regulation be deemed to have a permissible maximum weight of 7.5 tonnes. 4. The following categories of vehicles are hereby exempted from the provisions of the Council Regulation in respect of carriage by road effected solely within the State:

( a ) vehicles used for carrying passengers, which by virtue of their construction and equipment are suitable for carrying not more than 17 persons, including the driver, and are intended for that purpose;

( b ) vehicles used by public authorities on or after the 1st day of January, 1990, to provide public services which are not in competition with professional road hauliers;

( c ) vehicles used by agricultural, horticultural, forestry or fishery undertakings for carrying goods within a 50 kilometre radius of the place where the vehicle is normally based, including local administrative areas the centres of which are situated within that radius;

( d ) vehicles used for carrying animal waste or carcasses which are not intended for human consumption;

( e ) vehicles used for carrying live animals from farms to the local markets and vice versa or from markets to the local slaughter houses;

( f ) vehicles used:

(i) as shops at local markets.

(ii) for door to door selling,

(iii) for mobile banking, exchange or saving transactions,

(iv) for worship,

(v) for the lending of books, records or cassettes, or

(vi) for cultural events or exhibitions,

and which are specially fitted for such uses;

( g ) vehicles for the carriage of goods (which have an unladen weight not exceeding 3048 kilogrammes) used for carrying material or equipment for the use of the driver in the course of his work, within a 50 kilometre radius of the place where the vehicle is normally based: provided that driving the vehicle does not constitute the main activity of the driver;

( h ) vehicles operating exclusively on islands not exceeding 2,300 square kilometres in area, which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles;

( i ) vehicles used for the carriage of goods (which have an unladen weight not exceeding 1,524 kilogrammes) and are propelled by means of gas produced on the vehicle or by means of electricity;

( j ) vehicles used for driving instruction with a view to obtaining a driving licence: provided a vehicle so used or any trailer or semi-trailer drawn is not carrying out a journey in connection with the carriage of goods or passengers; and

( k ) tractors used on or after the 1st day of January, 1990, exclusively for agricultural and forestry work. 5. (1) The Institute for Industrial Research and Standards shall be the competent authority of the State for the purposes of the Council Regulation.

(2) The Institute for Industrial Research and Standards shall approve fitters and workshops for the installation and repair of recording equipment in accordance with Article 12 of the Council Regulation and for the carrying out of checks and inspections in accordance with Part VI of Annex 1 to the Council Regulation.

(3) The Institute for Industrial Research and Standards shall, after consultation with the Minister, lay down procedures and conditions to be adopted by fitters and workshops approved of by them for the purposes of the Council Regulation.

(4) The Institute for Industrial Research and Standards may withdraw approval from any fitter or workshop for non-compliance with these procedures and conditions.

(5) No person shall install, repair or carry out inspections pursuant to Annex 1 of the Council Regulation to recording equipment which is required to be fitted under Article 3 of the Council...