The Gazette 1981

GAZETTE

APRIL 1981

1980 (S.I. No. 390 of 1980) exempt additional vehicle

categories and uses insofar as transport operations within

the state are concerned. Among the vehicles excluded by

the Instrument are:

(a) vehicles constructed and equipped to carry not more

than 15 persons including the driver,

(b) vehicles undergoing local road tests for repair or

maintenance,

transport of animals' carcases or waste not intended

for human consumption,

(d) use of specialised vehicles (not defined) at local

markets, for door to door selling (not defined), for

mobile banking, for worship, lending of books,

records, or cassettes, for cultural or mobile exhibition,

exhibition,.

Vehicles operating regular services come within the scope

of the EEC drivers' hours requirements, but do not have

to install or use tachographs. Service time-tables and duty

rosters covering a three-tweek period may be carried

instead. In general, where vehicles are exempt from the

EEC hours limitations, section 114 of the Road Traffic

Act applies.

The Tachograph

The Tachograph itself is an instrument something like

a speedometer or rev. counter incorporating a clock

mechanism, which is mounted on the dashboard of the

vehicle and connected directly to the gearbox. The

Tachograph records driving time, speeds and distance

driven. The actual recording equipment in the

Tachograph consists of three styli which trace patterns on

a recording disc. The disc or chart consists of a special

coated paper which, when compressed by the action of

the styli, becomes visible on the backing paper, leaving a

legible pattern similar to that found on a Barometer.

Before inserting the disc/chart, details of driver's name,

place of departure, place of arrival, mileage reading at

start (and finish), vehicle's registration number and date

are entered manually. Details of the information provided

by the disc/chart can easily be read from the chart, but

for expert and detailed analysis, there is a process of

microscopic analysis carried out by experts, which has

shown to be extremely accurate. It can be seen, therefore,

that the chart will provide a highly reliable record of any

journey undertaken.

The availability of such a record in legal proceedings

would, of course, have far-reaching effects. Courts on the

Continent have proved themselves very amenable to such

evidence and, in a ruling, the German Federal Court has

stated that "the Tachograph recorder is a piece of

equipment designed specifically for the purpose of

eliminating the serious unreliability of human obser-

vations. Precedence is to be given to the recordings of the

Tachograph before other forms of evidence. If

contradictions exist between human observations and the

recordings of the Tachograph recorder, proof of the mal-

functioning of the Tachograph recorder is required."

(BGH VIZR 118/62 VZR 24, 171).

It can be seen, therefore, that Solicitors must be fully

informed of the scope and details of these regulations

when involved in defence of prosecutions under the

Regulations, Civil actions where one or more vehicles

involved were fitted with Tachographs, and, in certain cir-

cumstances, criminal cases. One such case is the

celebrated German case where a stolen lorry fitted with a

Tachograph was used to steal a large safe. The lorry was

later found abandoned and, from the information on the

Tachograph disc, the police reconstructed the journey the

lorry had taken, and were able then to pinpoint the place

where the safe had been taken to be cut open; ultimately,

this information led to the arrest of the guilty parties. One

cannot, of course, accurately assess the impact of

Tachographs in Irish Courts, but there can be no doubt

that in certain areas, such as Orders of Discovery, the

Tachograph will loom large. Many problems of definition

will also arise, e.g. "regular service" as referred to above

is not defined, nor is "door to door selling." Before

attempting to tackle such problems, Solicitors would be

well advised to arm themselves with copies of the

Statutory Instruments and the Council Regulations,

particularly Council Regulations, No. 543/69 which is a

most comprehensive and detailed document, containing

many useful definitions and obligations not dealt with by

the domestic legislation.

FOOTNOTE

1. Further details on the Drivers' hours and Tachographs regulations

are available from the Department of Labour at: Dublin 765861

Extension 258.

FORMING

A COMPANY?

Why Worry?

The Law Society provides a quick service

based on a standard form of Memorandum

and Articles of Association. Where necessary

the standard form can be amended, at an

extra charge, to suit the special requirements

of any individual case.

In addition to private companies limited by

shares, the service will also form:

• Unlimited companies.

• Companies limited by guarantee.

• Shelf companies, company seals and record

books are available at competitive rates.

Full information is available from:

COMPANY FORMATION SERVICE

INCORPORATED LAW SOCIETY

OF IRELAND

BLACKHALL PLACE, DUBLIN.

Tel. 710711. Telex 31219 ILAW EI.