andMr. Moynihan asked the Minister for Transport the circumstances under which exemptions can be granted from the tachograph regulations.
Written Answers . - Tachograph Regulations Exemptions .
528.
: EEC Council Regulations 1463/70, as amended by Council Regulation 1787/73 and Council Regulation 2828/77, on the introduction and use of tachographs in road passenger and road freight vehicles, and the related regulations on drivers' hours and rest periods apply in general to: (a) goods vehicles which have a permissible maximum laden weight of more than 3.5 metric tons, equivalent in Irish law to an unladen weight of more than 1.5 tons; and (b) passenger vehicles, except those on regular services.
These regulations are implemented in Ireland by the European Communities (Road Transport) (Recording Equipment) Regulations, 1979 (S.I. 214 of 1979) and the European Communities (Road Transport) (Exemptions) Regulations, 1980 (S.I. 390 of 1980).
The EEC Regulations provide for exemptions in respect of the following types of vehicles and carriage for both national and international journey: (1) vehicles which in construction and equipment are suitable for carrying not more than nine persons including the driver and are intended for that purpose; (2) vehicles used by the police, gendarmerie, armed forces, fire brigades, civil defence, drainage or flood prevention authorities, water, gas or electricity services, highway authorities and refuse collection, telegraph or telephone services, by the postal authorities for the carriage of mail, by radio or television services or for the detection of radio or television transmitters or receivers, or vehicles which are used by other public authorities for public services and which are not in competition with professional road hauliers; (3) vehicles used for the carriage of sick or injured persons and for carrying rescue material, and any other specialised vehicles used for medical purposes; (4) tractors with a maximum authorised speed not exceeding 30 kilometres per hour; (5) tractors and other machines used exclusively for local agricultural and forestry work; (6) vehicles used to transport circus and fun-fair equipment; (7) specialised breakdown vehicles.
In addition, the following vehicles are exempt when operating within the State for the purposes stated: (i) passenger vehicles which are constructed and equipped to carry not more than 15 persons including the driver; (ii) vehicles undergoing local road tests for purposes of repair or maintenance; (iii) vehicles transporting live animals from farms to local markets and vice versa, and vehicles transporting animal carcasses or waste not intended for human consumption; (iv) specialised vehicles used at local markets, for door-to-door selling, for mobile banking, exchange or savings transactions, for purposes of worship, for the lending of books, records or cassettes, for cultural events or mobile exhibitions; (v) vehicles used for the transport of milk from farms to local dairies and vice versa are exempt from the EEC drivers' hours requirements but such transport must conform to the provisions of the Road Traffic Act, 1961, in relation to drivers' hours and the law requires that a tachograph be used to monitor such requirements.
Exemptions from the tachograph regulations are confined to those listed above. The member states are not empowered to introduce other exemption categories.