I propose to take Questions Nos. 260 and 261 together.
Statutory Instrument 366 of 2008 - Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations, 2008 sets the maximum height limit of vehicles in this country at 4.65 metres. 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introduced to allow a five-year period within which vehicles operating at heights in excess of the new limits could be withdrawn from use in Ireland or to allow for the necessary height reductions by operators. The derogation expired on 31st October 2013.
This maximum height limit was decided following a public consultation process undertaken in 2005. Following this, it was announced in January 2007 that a limit of 4.65 m would be introduced. Originally it was proposed that there be a two year derogation for vehicles registered, licensed or in use prior to the introduction of such a limit. Subsequently, following representations from the haulage industry it was agreed that a five year derogation would apply and this applies to those vehicles registered, licensed or in use prior to the 1st November 2008, when Statutory Instrument 366 of 2008 was signed into effect.
Extending this derogation would have the effect of penalising those operators who have adapted their fleet recognising that this derogation was coming to an end, and rewarding those that did not. It is more than six years since the 4.65 m limit was announced and the industry has had ample time to accommodate themselves to the new limit.
Separately, where vehicles above the statutory limit need to be used in exceptional circumstances on the country’s road network, the existing regime for abnormal loads will be able to deal with such requests. This is not an alternative to complying with the legislation as it is only meant for genuine exceptions. The introduction of a wide scale permitting regime was deemed inappropriate as it would undermine the 4.65 m height limit.