Dáil Éireann debate -
Tuesday, 17 Oct 2000

Vol. 524 No. 2

Written Answers. - EU Driving Regulations.

Denis Naughten

Question:

171 Mr. Naughten asked the Minister for Public Enterprise if consideration has been given by her Department to the feasibility of the implementation of the EU driving hours regulation for road passenger vehicles in view of the fact that a scheduled journey of 4.5 hours could actually take up to 5.5 hours due to the current gridlock on our roads; her views on whether it is practical under such circumstances to rigidly enforce these new regulations; and if she will make a statement on the matter. [21937/00]

Minister of State at the Department of Public Enterprise (Mr. Jacob):

EU Council Regulations 3820/85 and 3821/85 were introduced in 1985 to promote safety for drivers and other road users. These regulations concern the use of tachographs in heavy goods vehicles and large public service vehicles – buses – and lay down maximum driving times, minimum rest and break periods.

All EU member states are obliged to comply with the regulations. It is the responsibility of operators to organise work in such a way that drivers are able to comply with the provisions of the regulations. Drivers have responsibility to plan their journeys so as to ensure that they take adequate rests in accordance with Regulation 3820/85.

According to Council Regulation 3820/85, driving is limited to nine hours per day but this may be extended twice in any one week to ten hours. On the issue of breaks from driving, a driver must take a break of at least 45 minutes after 4.5 hours driving. This break may be replaced by breaks of at least 15 minutes each distributed over the driving period or immediately afterwards.

Member states are also required to undertake a minimum number of inspections at both the roadside and at premises under the regulations each year. In addition, they are also obliged to provide certain statistical data on the implementation of the regulations to the European Commission.

The regulations are enforced by transport officers from my Department who are engaged full time on the detection and prosecution of breaches of these regulations and other offences under the Road Transport Acts. Where serious contraventions of the regulations are detected, prosecutions are initiated in accordance with the regulations. A person guilty of an offence is liable on summary conviction to a fine not exceeding £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both fine and imprisonment.

There is, therefore, no scope for any adjustments to these requirements under the EU regulations.