Statutory Instrument 366 of 2008 - Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations, 2008 sets the maximum vehicle height limit at 4.65 metres. These regulations were signed into law on the 1st of November 2008 by my predecessor, Minister Noel Dempsey. These regulations allowed a five year derogation from that limit for vehicles registered, licensed or in use prior to 1 November 2008. The derogation was introduced to allow a five-year period within which vehicles operating at heights in excess of the new limits could be withdrawn from use or to allow the necessary height reductions by operators. This derogation expired on 31 October last.
The original reasoning behind the limit was mainly concerned with rail safety, the protection of expensive physical infrastructure, road safety, and quality of life considerations for residents in urban areas through which high sided vehicles may have to travel. In light of the foregoing, I did not extend the derogation in relation to vehicle heights as this would have the effect of ensuring that those operators who were pro-actively compliant with this legislation would continue to be at a competitive disadvantage, while those that did not comply would benefit. On a broader point, it would send the message that derogation deadlines set in transport matters are not serious and that companies should not make any effort to comply with them.
Following the expiry of the derogation, specific concerns have been raised with me by the agri-sector in relation to the effect that the 4.65 metre maximum vehicle height restriction would have on the cost of transporting fodder. Unfortunately, these concerns were only raised by the sector since the expiry of the 5 year derogation in October last, and not prior to the 2008 regulations being signed into law nor in the subsequent five years. Notwithstanding this, I have considered the various issues involved, consulted with my colleague Minister Coveney, with Irish Rail and farming representative bodies and arising from this have asked my officials to draft regulations to allow for a very narrow exemption for the haulage of agricultural fodder, i.e. straw and hay only, from the height limits brought in by the 2008 regulations.
