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

num: 1
paragraphs: These Regulations may be cited as the European Communities Road Transport) Regulations, 1979, and shall come into operation on the 26th day of January, 1979.
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paragraphs: In these Regulations—
"authorised officer" means a person appointed by the Minister to be an authorised officer for the purposes of these Regulations and the Council Regulation, any officer of Customs and Excise or any member of the Garda SÃ­ochÃ¡na;
"the Council Regulation" means Council Regulation No. 543/69/ EEC1 as amended by Council Regulations Nos. 514/72/EEC2, 515/72/EEC3, 2827/77/EEC4, and 2829/77/EEC5.
"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 the meaning in these Regulations that it has in the Council Regulation, unless the contrary intention appears.
(3) 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 mentioned in column 1 of the Table to this Regulation shall be deemed, for the purposes of these Regulations and the Council Regulation, to be a vehicle having the permissible maximum weight mentioned in column 2 of that Table opposite the mention of that said unladen weight.
1 OJ No. L 77, 29.3.1969, p.49.
2OJ No. L 67, 20.3.1972, p.1.
3OJ No. L 67, 20.3.1972, p.11.
4OJ No. L 334, 24.12.1977, p.1.
5OJ No. L 334, 24.12.1977, p.11.
6OJ No. L. 33, 3.2.1978, p.12.
TABLE
Unladen weight for the purposes of the Road Traffic Acts, 1961 to 1978
Permissible maximum weight for the purposes of the Council Regulation
(1)
(2)
Not exceeding 1½ tons
3·5 metric tons
" " 2 tons
5·0 " "
" " 3 tons
7·5 " "
" " 8 tons
20·0 " "
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paragraphs: (1) Subject to the derogations from Articles 7, 11 and 12 of the Council Regulation provided for in paragraph (2) of this Regulation, a person who, while engaged in national road transport operations, contravenes (or causes or permits any person employed by him or subject to his orders to contravene) a provision of the Council Regulation shall be guilty of an offence and 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.
(2) Pursuant to Commission Decision No. 78/86/EEC6, Articles 7, 11 and 12 of the Council Regulation shall, until the 31st day of December, 1980, have effect subject to the modifications specified in Article 1 of that Decision, and Article 8 of the Council Regulation shall, until that date, apply in accordance with the continuous driving periods authorised by the Commission on the basis of that Decision.
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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 and the Council Regulation shall, if requested by any person affected, produce the warrant to that person.
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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 national road transport operations 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 and recording equipment believed by him to be kept or used for the purposes of national road transport operations,
( b ) at any time inspect a vehicle, or (if the officer is a member of the Garda 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 and recording equipment being carried in the vehicle or by the crew and believed by him to be kept or used for the purposes of national road transport operations, and
( c ) make copies of and take extracts from any document, record or recording equipment referred to in subparagraph (a) or (b) of this Regulation.
(2) A person who obstructs or interferes with an authorised officer when he is exercising a power conferred by these Regulations or the Council Regulation, 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 Garda 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 or requirement by 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: (1) Article 5.2 of the Council Regulation shall not apply in relation to a person who is aged not less than 21 years and has carried on the occupation referred to in paragraph 4 of that Article for at least one year before the commencement of these Regulations.
(2) Article 5.1 of the Council Regulation shall not apply, in respect of carriage within the State, in relation to a person who is residing in the State and who immediately before the commencement of these Regulations was licensed or would, but for a current disqualification, have been licensed under Part III of the Road Traffic Act, 1961 (No. 24 of 1961), to drive vehicles to which that Article relates.
(3) Article 5.2 of the Council Regulation shall not apply, in respect of carriage within the State, in relation to a person who is residing in the State and who immediately before the commencement of these Regulations was licensed or would, but for a current disqualification have been licensed under Part III of the Road Traffic Act, 1961 (No. 24 of 1961), to drive vehicles to which that Article relates.
(4) Article 5.3 of the Council Regulation shall not apply, in respect of carriage within the State, in relation to a person who is residing in the State and who was employed on or before the commencement of these Regulations as a driver's mate or conductor.
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paragraphs: An offence under these Regulations may be prosecuted by the Minister, a member of the Garda SÃ­ochÃ¡na or an officer of Customs and Excise.
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paragraphs: Article 15 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ), shall not apply to national road transport operations to which the Council Regulation applies.
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paragraphs: Section 114 of the Road Traffic Act, 1961 (No. 24 of 1961), shall not apply to national road transport operations to which the Council Regulation applies.