European Communities (Road Transport) (Recording Equipment) Regulations, 1979.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: These Regulations may be cited as the European Communities (Road Transport) (Recording Equipment) Regulations, 1979.
num: 2
paragraphs: (1) In these Regulations—
"authorised officer" means a person appointed by the Minister to be an authorised officer for the purposes of these Regulations, any officer of Customs and Excise or any member of the Garda SÃ­ochÃ¡na;
"the Council Regulation" means Council Regulation No. 1463/70/ EEC,1 as amended by paragraph 4 of Point III of Annex VII to the Act annexed to the Decision of the 22nd day of January, 1972, of the Council of the European Communities relating to the accession of Ireland to the European Coal and Steel Community, by Council Regulation No. 1787/73/EEC2 and Council Regulation No. 2828/77/EEC3;
"the Minister" means the Minister for Labour;
"officer of Customs and Excise" has the same meaning as in the Customs Act, 1956 (No. 7 of 1956).
(2) A word or expression that is used in these Regulations and is also used in the Council Regulation has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Regulation.
1 OJ No. L164, 27/7/1970, P. 5.
2 OJ No. L181, 4/7/1973, P. 1.
3 OJ No. L334, 24/12/1977, P. 5.
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paragraphs: An authorised officer shall be an authorised inspecting officer for the purposes of the Council Regulation.
num: 4
paragraphs: (1) A vehicle registered in the State (including a trailer or semi-trailer) and having for the purposes of the Road Traffic Acts, 1961 to 1978, an unladen weight not exceeding 1½ tons shall, for the purposes of these Regulations and the Council Regulation, be deemed to have a permissible maximum weight of 3.5 metric tons.
(2) In a prosecution for an offence consisting of a contravention of Regulation 6 of these Regulations it shall be a good defence to show that the gross vehicle weight of a vehicle as determined by its manufacturer does not exceed 3.5 metric tons.
num: 5
paragraphs: The Institute for Industrial Research and Standards shall be the competent authority of the State for the purposes of Chapters II and III of the Council Regulation.
num: 6
paragraphs: (1) The owner of a vehicle referred to in Article 3 of the Council Regulation (other than a vehicle excepted by that Article) shall install (or cause to be installed) in the vehicle recording equipment complying with the requirements of the Council Regulation and where such a vehicle is in the charge of a person other than the owner, that person shall either install (or cause to be installed) such equipment or return the vehicle to the owner for such installation.
(2) This Regulation shall, in relation to a vehicle not registered in the State at the making of these Regulations, and also in relation to vehicles engaged in transport operations between Member States come into operation on the 25th day of June, 1979.
(3) This Regulation shall, in relation to a vehicle less than two years old on the 1st day of March, 1979, come into operation on the 31st day of August, 1979.
(4) This Regulation shall, in relation to a vehicle more than two years old on the 1st day of March, 1979, but less than five years old on that date, come into operation on the 29th day of February, 1980.
(5) This Regulation shall, in relation to a vehicle not referred to in paragraph (2), (3) or (4) of this Regulation, come into operation on the 30th day of September, 1980.
num: 7
paragraphs: Recording equipment installed in a vehicle in compliance with Regulation 6 of these Regulations shall be used—
( a ) in the case of vehicles engaged in transport operations between Member States, on and from the 25th day of June, 1979, and
( b ) in the case of other vehicles, on and from the 1st day of January, 1981.
num: 8
paragraphs: The obligation imposed by Regulation 7 of this Regulation to use recording equipment shall be in lieu of the obligation to use individual control books imposed by Council Regulation No. 543/69.4
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paragraphs: A person who contravenes Regulation 6 or 7 of these Regulations shall be guilty of an offence.
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paragraphs: A person who, in relation to transport operations within Member States and between Member States, contravenes or causes or permits any person employed by him or subject to his orders to contravene Article 14 (1), 14 (2), 14 (4), 15, 17 (1), 17 (2), 17 (3), 17 (5) or 18 of the Council Regulation shall be guilty of an offence.
num: 11
paragraphs: A person who, in relation to transport operations within Member States and between Member States, contravenes Article 16 of the Council Regulation shall be guilty of an offence.
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paragraphs: A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the court, to imprisonment for a term not exceeding six months, or to both.
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paragraphs: A person appointed by the Minister to be an authorised officer shall be furnished with a warrant of his appointment as an authorised officer and when exercising any power conferred on an authorised officer by these Regulations or the Council Regulation shall, if requested by any person affected, produce the warrant to that person.
num: 14
paragraphs: (1) An authorised officer may, for the purposes of these Regulations and the Council Regulation—
( a ) at all reasonable times enter a premises or place if he has reasonable grounds for believing that it is used for the purposes of transport operations either within the State or between Member States, or that a vehicle used for those purposes is at or in the premises or place, and may inspect the vehicle and any documents, records or recording equipment believed by him to be kept or used for those purposes, whether pursuant to the Council Regulation or these Regulations or otherwise, and
4OJ No. L77, 29/3/1969, P. 49.
( b ) at any time inspect a vehicle, or (if the officer is a member of the GÃ¡rda SÃ­ochÃ¡na in uniform or an officer of Customs and Excise in uniform) halt a vehicle which is being driven and inspect it and any documents, records or recording equipment being carried in the vehicle or by the crew and believed by him to be kept or used for the purposes of transport operations within the State or between Member States, whether pursuant to these Regulations or the Council Regulation or otherwise, and
( c ) make copies of and take extracts from any such document or record referred to in paragraph (a) or (b) of this sub-paragraph.
(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by the Council Regulation or these Regulations, or who fails to halt a vehicle when requested or required by an officer of Customs and Excise in uniform or a member of the GÃ¡rda SÃ­ochÃ¡na in uniform to do so, or who fails to comply with a request or requirement of an authorised officer under these Regulations (other than a request of an authorised officer not in uniform to halt a vehicle), shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200.
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paragraphs: The Minister shall cause to be carried out by fitters or at workshops approved by the competent authority periodic inspections of the type specified in Chapter VI of Annex I to the Council Regulation.
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paragraphs: An offence under these Regulations may be prosecuted by the Minister or by a member of the GÃ¡rda SÃ­ochÃ¡na.