asked the Minister for Tourism and Transport if he will clarify the types of trucks which are exempt from having tachographs fitted.
Written Answers. - Tachograph-Exempted Trucks.
198.
Council Regulation (EC) No. 3820/85 sets out, inter alia, the maximum permissible hours of driving, rest periods, etc. for drivers engaged in national and international operations, while Council Regulation (EC) No. 3821/85 prescribes the installation and use of tachographs in vehicles. The regulations are implemented in this country by the European Communities (Road Transport) Regulations, 1986 (S.I. No. 392 of 1986) and the European Communities (Road Transport) (Recording Equipment) Regulations, 1986 (S.I. No. 393 of 1986).
In general the EC tachograph regulations apply to goods vehicles with a maximum permissible weight exceeding 3.5 tonnes — deemed in Irish law to be equivalent to 1.5 tons unladen weight. There are a number of vehicle uses and operations, however, which are exempt from compliance with the tachograph regulations and these are set out in paragraph 2 below.
Exemptions do not apply to vehicles in isolation but relate to the uses and operations of such vehicles at any particular time.
There are three categories of exemptions from the regulations: (a) exemptions which apply to both national and international operations; (b) exemptions which apply to certain national and cross-border operations; and (c) exemptions which apply to national operations only.
Exemptions applying to national and international operations are:
(1) vehicles used for the carriage of goods where the maximum permissible weight of the vehicle, including any trailer or semi-trailer, does not exceed 3.5 tonnes;
(2) vehicles used for the carriage of passengers which, by virtue of their construction and equipment, are suitable for carrying not more than nine persons, including the driver, and are intended for that purpose;
(3) vehicles used for the carriage of passengers on regular services where the route covered by the service in question does not exceed 50 kilometres (31 miles);
(4) vehicles with a maximum authorised speed not exceeding 30 kilometres per hour;
(5) vehicles used by or under the control of the armed services, civil defence, fire services, and forces responsible for maintaining public order;
(6) vehicles used in connection with the sewerage, flood protection, water, gas and electricity services, highway maintenance and control, refuse collection and disposal, telegraph and telephone services, carriage of postal articles, radio and television broadcasting and the detection of radio or television transmitters or receivers;
(7) vehicles used in emergencies or rescue operations;
(8) specialised vehicles used for medical purposes;
(9) vehicles transporting circus and fun-fair equipment;
(10) specialised breakdown vehicles;
(11) vehicles undergoing road tests for techncial development, repair or maintenance purposes, and new or rebuilt vehicles which have not yet been put into service;
(12) vehicles used for non-commercial carriage of goods for personal use; and
(13) vehicles used for milk collection from farms and the return to farms of milk containers or milk products intended for animal feed.
Exemptions applying to national and cross-border operations are:
(1) vehicles used for carrying passengers, which by virtue of their construction and equipment are suitable for carrying not more than 17 persons, including the driver, and are intended for that purpose;
(2) vehicles used by agricultural, horticultural, forestry or fishery undertakings for carrying goods within a 50 kilometre (31 mile) radius of the place where the vehicle is normally based including local administrative areas the centres of which are situated within that radius.
A vehicle which is being used by a fishery undertaking on cross-border operations is not exempt unless it is being used (i) to carry live fish, or (ii) to carry fish which has not been subjected to a process or treatment (other than freezing) from the place of landing to a place where it is to be so subjected;
(3) vehicles used for carrying animal waste and carcasses which are not intended for human consumption;
(4) vehicles used for carrying live animals from farms to local markets and vice versa or from markets to the local slaughter-houses;
(5) vehicles used — (i) as shops at local markets; (ii) for door-to-door selling; (iii) for mobile banking, exchange or savings transactions; (iv) for worship; (v) for the lending of books, records or cassettes, and (vi) for cultural events or exhibitions, and which are specially fitted for such uses;
(6) vehicles for the carriage of goods which have an unladen weight not exceeding 3028 kilogrammes (3 tons) being used for carrying material or equipment for the driver's use in the course of his work, within a 50 kilometre (31 miles) radius of the place where the vehicle is normally based, provided that driving the vehicle does not constitute the driver's main activity;
(7) tractors used exclusively for agricultural and forestry work. Up to 31 December 1989 this exemption applies to local work only.
Exemptions applying to national operations only are:
(1) vehicles used by public authorities to provide public services which are not in competition with professional road hauliers;
(2) vehicles operating exclusively on islands not exceeding 2,300 square kilometres (888 square miles) in area, which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles;
(3) vehicles used for the carriage of goods which have an unladen weight not exceeding 1,524 kilogrammes (1.5 tons) and are propelled by means of gas produced on the vehicle or by means of electricty; and
(4) vehicles used for driving instruction with a view to obtaining a driving licence provided a vehicle so used or any trailer or semi-trailer drawn by it is not carrying out a journey in connection with the carriage of goods or passengers.