The Gazette 1981

GAZETTE

APRIL 1981

The Tachograph —

"The Spy in the Cab"

Gary V. Byrne, Solicitor

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.

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;

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