The Gazette 1981

GAZETTE

APRIL 1981

The Tachograph — "The Spy in the Cab"

by Gary V. Byrne, Solicitor

L ITTLE, if any, new legislation receives unanimous approval from those affected by it, but one area of legislation enacted in recent times has drawn almost total disapproval in this country; that is the EEC legislation relating to the fitting and use of Tachographs in vehicles. The Department of Labour acknowledged the reaction of interested parties in this country and obtained various agreements from Brussels on the deferment of the legislation. The fateful day, however, could not be put off forever and, from the 1st December of this year, the use of Tachographs will be mandatory. The purpose of this article is to explain the background to, and details of, this legislation. EEC Regulation 1463/70 (the "Tachograph Re- gulation") became law in this country on the en- actment of the "European Communities (Road Transport) (Recording Equipment) Regulations 1979," under Statutory Instrument Number 214 of 1979. The Regulation came into being as part of the EEC policy on Social Legislation in Road Transport and specifically to enable practical enforcement of EEC Regulation 543/69 (as amended) on the harmonisation of certain social legis- lation in road transport within the community, relating chiefly to drivers' hours. The principal limits imposed by Regulation 543/69 include a maximum continuous driving period of 4 hours (minimum break: | hour); a maximum daily driving time of 8 hours; and a minimum daily rest period of 11 hours, although provision exists for a certain amount of flexibility. 1 In Ireland, Statutory Instruments Nos. 260 of 1975 and 16 of 1979 give effect to these EEC requirements. The Tachograph Regulation was introduced by the EEC to facilitate the enforcement of the drivers' hours requirements, replacing the log book originally specified in Regulation 543/69. Irish Legislation The Irish Legislation giving effect to the Tachograph provides, inter alia, that: 1. Vehicles used for the carriage of goods and having an unladen weight in excess of tons must be fitted with recording equipment (tachographs) complying with the detailed requirements of the Council Regulation. 2. Vehicles which in construction and equipment are suitable for carrying more than nine persons (fifteen, in the case of national journeys) including the driver and are

intended for that purpose must also be fitted with tachographs. 3. The obligation to install the tachograph rests on the owner of the vehicle. Use of the tachograph is a joint owner/driver responsibility. 4. Enforcement of the Legislation is vested in "authorised officers," viz. Gardai, Customs and Excise Officers, and inspectors appointed by the Minister for Labour. 5. An "authorised officer" may: (a) at all reasonable times enter a premises if he has reasonable grounds for believing that it is used for transport operations either within the State, or between member States of the EEC; (b) inspect a vehicle and any documents, records, or recording equipment believed by him to be used for those purposes whether pursuant to the Council Regulations or otherwise at any time; (c) make copies of, and take extracts from any document or record referred to in (b) above; (d) if the officer is a member of the Gardai or an officer of the Customs and Excise in uniform, he may halt a vehicle for inspection as aforesaid; 6. The penalty for obstruction or interference with the exercise of powers conferred on authorised officers is a fine on summary conviction not exceeding £200. The penalty for breach of the regulations is a fine not exceeding £200, or a term of imprisonment not exceeding 6 months, or both. 7. Offenders may be proseducted by the Minister for Labour or the Garda Siochana. 8. Drivers must retain discs for 7 days and owners must retain them for 1 year. Discs must be kept clean. Note that ownership of Tachographs and Tachograph discs is vested in the vehicle owner. Excluded Vehicles A number of vehicle categories are expressly excluded from the scope of both EEC Regulations. These include vehicles used by the security forces, public utilities, ambulance and rescue vehicles, and short-distance scheduled bus services. In addition, The European Communities (Road Transport) (Exemptions) Regulations

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