Dáil Éireann debate -
Wednesday, 19 Mar 1997

Vol. 476 No. 5

Written Answers - Commercial Vehicle Regulations.

Noel Dempsey

Question:

226 Mr. Dempsey asked the Minister for Enterprise and Employment if he has approved regulations which make it compulsory for second-hand trucks coming into this country to have ABS brakes and auxiliary brakes; and if so, the consultations, if any, he held prior to introducing such regulations. [7344/97]

Minister for Enterprise and Employment (Mr. R. Bruton)

I assume that the Deputy is referring to Statutory Instrument No. 389 of 1996, entitled Dangerous Substances (Conveyance of Scheduled Substances by Road) (Trade or Business) (Amendment) Regulations, 1996, which were signed into law on 13 December 1996 by the Minister for Labour Affairs.

The reason for the making of these Regulations was Council Directive 94/55/EC which applied the terms of the European Agreement concerning the International Carriage of Dangerous Goods by Road, generally known as the ADR, to national transport with effect from 1 January 1997. The Directive permitted member states to authorise the continued use of vehicles constructed before 31 December 1996, which did not comply with the standards of the ADR provided that they complied with national requirements. Regulation 4 of S.I. No. 389 of 1996, which transposed this provision in the Directive, provided that the current version of the ADR would not apply to vehicles registered before 1 January 1997 provided such vehicles comply with an earlier (1985) version of the ADR. The 1985 version of the ADR did not require vehicles to have ABS brakes whereas the current version does. Vehicles registered after 1 January 1997 which are intended to carry dangerous goods must comply with the current version of the ADR and, accordingly, must have ABS brakes. The Regulations apply to all such vehicles whether new or second hand and whether imported or not.

Under section 27 of the Safety, Health and Welfare at Work Act, 1989 one of the duties of the National Authority for Occupational Safety and Health is to submit proposals for legislation. When it is considering proposals for legislation, the Authority engages in an elaborate process of consultation. The proposal which resulted in S.I. No. 389 of 1996 was considered by the dangerous substances advisory committee of the authority which comprise representatives of employers and employees as well as academics and representatives of industry and the relevant Government Departments. The regulations were then considered by a sub-committee of the board of the authority. When the regulations were drafted, I had notices placed in all the national newspapers on 22 November 1996, giving interested parties 21 days to make representations on the regulations. No representations were received and the regulations were signed into law on 13 December 1996.

I am satisfied that an extensive consultation process was undertaken. However, notwithstanding that process, a number of representations have been made to me since the regulations were made expressing concerns regarding the consequences of the implementation of S.I. No. 389 of 1996. I am having these examined in my Department and I am consulting with the authority with a view to devising means by which any difficulties which might arise can be overcome.