European Communities (Road Transport) (Recording Equipment) Regulations, 1986.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Road Transport) (Recording Equipment) Regulations, 1986.
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paragraphs: (1) In these Regulations—
"authorised officer" means a transport officer appointed by the Minister under section 15 of the Road Transport Act, 1986 (No. 16 of 1986), any officer of Customs and Excise or any member of the Garda Siocha na;
"the Council Regulation" means Council Regulation No. 3821/85/EEC;
"the Minister" means the Minister for Communications;
"Officer of Customs and Excise" has the same meaning as in the Customs Act, 1956 (No. 7 of 1956);
"recording equipment" means recording equipment that may indicate the periods of time referred to in Council Regulation No. 3820/85EEC2.
2O.J. No. L370; 31.12.1985.
(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.
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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 1984, an unladen weight not exceeding 1,524 kilogrammes shall, for the purposes of these Regulations and the Council Regulation, be deemed to have a permissible maximum weight of 3.5 tonnes.
(2) A vehicle registered in the State (including a trailer or semi-trailer) and having for the purposes of the Road Traffic Acts, 1961 to 1984, an unladen weight not exceeding 3,048 kilogrammes shall, for the purposes of these Regulations and the Council Regulation be deemed to have a permissible maximum weight of 7.5 tonnes.
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paragraphs: The following categories of vehicles are hereby exempted from the provisions of the Council Regulation in respect of carriage by road effected solely within the State:
( a ) vehicles used for carrying passengers, which by virtue of their construction and equipment are suitable for carrying not more than 17 persons, including the driver, and are intended for that purpose;
( b ) vehicles used by public authorities on or after the 1st day of January, 1990, to provide public services which are not in competition with professional road hauliers;
( c ) vehicles used by agricultural, horticultural, forestry or fishery undertakings for carrying goods within a 50 kilometre radius of the place where the vehicle is normally based, including local administrative areas the centres of which are situated within that radius;
( d ) vehicles used for carrying animal waste or carcasses which are not intended for human consumption;
( e ) vehicles used for carrying live animals from farms to the local markets and vice versa or from markets to the local slaughter houses;
( f ) vehicles used:
(i) as shops at local markets.
(ii) for door to door selling,
(iii) for mobile banking, exchange or saving transactions,
(iv) for worship,
(v) for the lending of books, records or cassettes, or
(vi) for cultural events or exhibitions,
and which are specially fitted for such uses;
( g ) vehicles for the carriage of goods (which have an unladen weight not exceeding 3048 kilogrammes) used for carrying material or equipment for the use of the driver in the course of his work, within a 50 kilometre radius of the place where the vehicle is normally based: provided that driving the vehicle does not constitute the main activity of the driver;
( h ) vehicles operating exclusively on islands not exceeding 2,300 square kilometres in area, which are not linked to the rest of the national territory by a bridge, ford or tunnel open for use by motor vehicles;
( i ) vehicles used for the carriage of goods (which have an unladen weight not exceeding 1,524 kilogrammes) and are propelled by means of gas produced on the vehicle or by means of electricity;
( j ) vehicles used for driving instruction with a view to obtaining a driving licence: provided a vehicle so used or any trailer or semi-trailer drawn is not carrying out a journey in connection with the carriage of goods or passengers; and
( k ) tractors used on or after the 1st day of January, 1990, exclusively for agricultural and forestry work.
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paragraphs: (1) The Institute for Industrial Research and Standards shall be the competent authority of the State for the purposes of the Council Regulation.
(2) The Institute for Industrial Research and Standards shall approve fitters and workshops for the installation and repair of recording equipment in accordance with Article 12 of the Council Regulation and for the carrying out of checks and inspections in accordance with Part VI of Annex 1 to the Council Regulation.
(3) The Institute for Industrial Research and Standards shall, after consultation with the Minister, lay down procedures and conditions to be adopted by fitters and workshops approved of by them for the purposes of the Council Regulation.
(4) The Institute for Industrial Research and Standards may withdraw approval from any fitter or workshop for non-compliance with these procedures and conditions.
(5) No person shall install, repair or carry out inspections pursuant to Annex 1 of the Council Regulation to recording equipment which is required to be fitted under Article 3 of the Council Regulation unless that person and the workshop or place in which the equipment is installed, repaired or inspected have been approved by the Institute for Industrial Research and Standards under paragraph (2) of this Regulation.
(6) An officer or servant of the Board of the Institute for Industrial Research and Standards may enter any premises or place which is being used or which that officer or servant suspects may be used for the installation, repair and inspection of recording equipment and inspect any such premises or place and any document, record, book or equipment kept or used in the premises or place.
(7) In any proceedings for an offence under these Regulations it shall be presumed until the contrary is proved that an approval of a fitter or workshop has not been made under paragraph (2) of this Regulation.
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paragraphs: (1) Subject to paragraph (2) of this Regulation, the owner of a vehicle referred to in Article 3 of the Council Regulation ( other than a vehicle exempted from the application of the Council Regulation by Regulation 4 of these Regulations) shall install (or cause to be installed) and shall keep installed in the vehicle recording equipment complying with the requirements of the Council Regulation.
(2) Where a vehicle referred to in Article 3 of the Council Regulation (other than a vehicle exempted from the application of the Council Regulation by Regulation 4 of these Regulations) is used in the course of a business and is used by a person other than the owner of the vehicle the user of the vehicle shall install (or cause to be installed) and shall keep installed in the vehicle recording equipment complying with the requirements of the Council Regulation.
(3) Nothing in paragraph (2) of this Regulation shall be construed as imposing on a person who is employed as a driver or is engaged under a contract for services as a driver a duty to install (or cause to be installed) or keep installed recording equipment complying with the requirements of the Council Regulation.
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paragraphs: A driver of a vehicle to which these Regulations apply shall return any record sheet which applies to him to his employer for inspection and retention as soon as practicable but not later than twenty-one days of completing it.
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paragraphs: (1) Subject to paragraph (2) of this Regulation, the owner of a vehicle referred to in Article 3 of the Council Regulation ( other than a vehicle exempted from the application of the Council Regulation by Regulation 4 of these Regulations) shall arrange to have periodic checks or inspections as specified in Part VI of Annex I to the Council Regulation carried out to the recording equipment installed therein.
(2) Where a vehicle to which paragraph (1) of this Regulation applies is used in the course of a business operated by any person other than the owner of the vehicle the user of the said vehicle shall ensure that such checks and inspections are carried out to the recording equipment installed in the vehicle.
(3) Nothing in paragraph (2) of this Regulation shall be construed as imposing on a person who is employed as a driver or is engaged under a contract for services as a driver a duty to ensure that checks and inspections are carried out in accordance with the Council Regulation to recording equipment installed in the vehicle.
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paragraphs: An authorised officer shall be an authorised inspecting officer for the purposes of the Council Regulation.
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paragraphs: (1) An authorized officer may, for the purposes of these Regulations and the Council Regulation—
( a ) at any time enter a premises or place if—
(i) he has reasonable grounds for believing that it is used for a purpose connected with carriage by road or that a vehicle used for that purpose is at the premises or in the place and inspect the vehicle and any document, record, book or recording equipment kept or used in the vehicle, premises or place, as the case may be, for the purposes of, or which relates to, carriage by road, or
(ii) he has reasonable grounds for believing that it is used for the installation, repair or inspection of recording equipment and inspect the premises and any document, record, book or equipment kept or used in the premises or place, as the case may be;
( b ) at any time inspect a vehicle which is stationary or (if the officer is a member of the Garda Siochana in uniform or an officer of Customs and Excise in uniform) halt a vehicle which is being driven and inspect it and any document, record, book, goods or recording equipment being carried in or on the vehicle or kept by the crew or used for the purposes of, or which relates to, carriage by road;
( c ) require any person at the premises or in the place or in the vehicle to produce to him any document, book or record kept or used for the purposes of, or which relates to, carriage by road which is in the power or control of that person;
( d ) inspect, examine, and take copies of or extracts from or take away, if necessary, for the purposes of inspection or examination, any document, book or record kept or used for the purposes of, or which relates to, carriage by road and require the person by whom such document, book or record is kept or who produced the document, book or record to certify a copy thereof as a true copy.
(2) For the purpose of exercising his powers under paragraph (1) of this Regulation, an authorised officer may detain a vehicle during such time as is required for the exercise of those powers.
(3) 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 Garda Siochana 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.
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paragraphs: (1) An authorised officer may require by notice in writing given to a person or served on a person by pre-paid registered post the production of any document, record, or any other information which may be specified in the notice, at a place specified in the notice within such time (not being less than 10 days) from the service of the notice as may be specified in the notice.
(2) An authorised officer may, by notice in writing given to a person or served on a person by pre-paid registered post, request that person to designate a place within a time specified in the notice (not being less than 10 days), at which documents, records, or any other information which may be specified in the notice shall be retained henceforth and shall be made available for inspection.
(3) A person who fails or refuses to comply with a request of an authorised officer, made pursuant to this Regulation, shall be guilty of an offence.
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paragraphs: (1) Subject to paragraph (2) of this Regulation, no person shall use, cause to be used or permit the use of a vehicle to which the Council Regulation applies ( other than a vehicle exempted under Regulation 4 of these Regulations) unless—
( a ) recording equipment is installed in the vehicle in accordance with the Council Regulation, and
( b ) the said recording equipment is functioning correctly.
(2) It shall be a defence to a prosecution for a contravention of subparagraph (b) of paragraph (1) of this Regulation to show that recording equipment installed in a vehicle was not functioning properly due to a breakdown of the vehicle or faulty operation of the said equipment and that all reasonable steps were taken to have the said equipment repaired by an approved fitter or in an approved workshop as soon as circumstances so permitted.
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paragraphs: (1) A person shall not make or cause or permit to be made any record or entry which he knows to be false on a record sheet kept or carried for the purpose of the Council Regulation or with intent to deceive, alter or cause or permit to be altered any such record or entry.
(2) A person shall not interfere with any recording equipment installed in accordance with 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 Garda Siochana.
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paragraphs: Any person who contravenes or causes or permits any person employed by him or subject to his orders to contravene Article 1, 3.1., 8.4., 12.1., 12.2., 12.4., 13, 14,15.1., 15.2., 15.3., 15.5., 15.7. and 16 of the Council Regulation or Regulations 5(5), 6(1), 6(2), 7, 8(1), 8(2), 12(1) or 13 of these Regulations 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 £1,000 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.
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paragraphs: (1) In any prosecution for an offence under these Regulations where direct oral evidence of a fact would be admissible, any statement contained in a document, book or record obtained by an authorised officer in exercise of the powers conferred on him by these Regulations and tending to establish that fact shall, on production of the document, book or record by the authorised officer, be admissible as evidence of that fact.
(2) In any prosecution for an offence under these Regulations any recordings made by recording equipment installed and used in accordance with the Council Regulation shall be admissible as evidence of the facts the recording equipment purports to record.
(3) In any prosecution for an offence under these Regulations a fact disclosed by any document, book or record shall be admissible as evidence of any other fact disclosed by such document, book or record.
(4) In this Regulation "document, book or record" includes a copy of any document, book or record certified by a person who keeps such document, book or record as being a true copy thereof or a copy made by an authorised officer pursuant to his powers under these Regulations.
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paragraphs: (1) In a prosecution for an offence under these Regulations in which the weight of a vehicle is at issue it shall be presumed until the contrary is proved that the weight of the vehicle at the time of the alleged offence exceeded the maximum weight permitted by the Council Regulation.
(2) In a prosecution for an offence under these Regulations it shall be presumed until the contrary is proved that—
( a ) none of the exceptions to the application of the Council Regulation contained in Article 4, 13.1., 13.2. and 14.1. of Council Regulation No. 3820/85/EEC 3 is applicable to the case; and
3O.J. No. L370; 31.12.1985.
( b ) none of the exceptions contained in Regulation 4 of these Regulations is applicable to the case.
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paragraphs: The European Communities (Road Transport) (Recording Equipment) Regulations, 1979 ( S.I. No. 214 of 1979 ), are hereby revoked.