Dáil Éireann Debate, Monday - 11 September 2023
341. Deputy Carol Nolan asked the Minister for Transport if he will consider implementing a derogation for haulage drivers who are assisting in the haulage of grain (details supplied); and if he will make a statement on the matter. [38410/23]
View answerOn 9 August 2023, officials in my Department received a request from the Irish Road Haulage Association (IRHA) seeking a temporary derogation from the rules on driving times, breaks and rest periods for drivers under Article 14(2) of Regulation EC 561/2006.
The Department of Transport cannot act alone in making a decision on a derogation request; it requires collaboration with other relevant experts in order to make an informed decision. In all cases, the Department consults the Road Safety Authority (RSA) for its views on driver welfare and road safety considerations. As the request in this case concerns the transport of grain during the harvest, the Department also sought the views of the Department of Agriculture, Food and the Marine (DAFM).
Having reviewed the available information presented in the initial request from the IRHA, and after consulting with the RSA and DAFM, my officials decided not to grant the temporary derogation. This decision was communicated to the IRHA on 11 August 2023.
On 17 August 2023 the Department received a follow-up request from the IRHA with a supporting letter from the Irish Farmers’ Association (IFA).
There are several factors to be considered in deciding on a derogation from the rules on driving times, breaks and rest periods for drivers. Article 14(2) of Regulation EC 561/2006 makes it clear that there must be an urgent need for a Member State to act in response to an exceptional situation. Equally, the impacts on driver and road safety must be carefully considered. The justification of any derogation granted under Article 14(2) must also be notified by the Member State to the European Commission. For example, recent derogations granted by other Member States have been in response to serious incidents such as the war in Ukraine or to natural disasters like widespread flooding or forest fires. It is clear that such situations are exceptional in nature and required urgent action by the Member States concerned.
The Department carefully considered the material put forward in the appeal by the IRHA and IFA, and after consulting with relevant expert stakeholders in the RSA, DAFM and Teagasc, decided to uphold the original decision not to grant a temporary derogation.
Enquiries by my officials confirmed that the intermittent weather conditions this year have caused certain challenges, with the harvest beginning approximately 10 days early (in late June) and the subsequent wet weather in July temporarily interrupting work. However, the Department found no clear evidence that demonstrated an urgent and exceptional risk to the harvest or details of any extenuating circumstances that meet the threshold to grant a derogation for drivers involved in the harvesting of grain.
