S.I. No. 62/2008 - European Communities (Road Transport) (Working Conditions and Road Safety) Regulations 2008

Offences with respect to the contravention of certain provisions of Council Regulations

• (a) Article 1, 3, 12, 13, 14, 15 or 16 of the First Council Regulation, or

• (b) Article 2(1), 3, 5, 6, 7, 8, 9, 10, 12, 16 or 20 of the Second Council Regulation,

commits an offence.

• (2) A person commits an offence if the person causes, or purports to authorise, another person who is employed by the person, or is under the person’s control, to contravene

• (a) Article 1, 3, 12, 13, 14, 15 or 16 of the First Council Regulation or

• (b) Article 2(1), 3, 5, 6, 7, 8, 9, 10, 12, 16 or 20 of the Second Council Regulation.

• (3) In proceedings for an offence under paragraph (2), evidence that

• (a) another person contravened the Article to which the proceedings relate, and

• (b) that other person was at the relevant time employed by, or under the control of, the defendant,

is, until the contrary is proved, evidence that the defendant caused or purported to authorise that other person to contravene that Article.

Offence to fail to ensure that transport time schedules comply with Second Council Regulation

• (2) A person to whom this Regulation applies commits an offence if the person causes, or purports to authorise, another person to fail to comply with paragraph (1).

• (3) This Regulation applies to an undertaking, consignor, freight forwarder, tour operator, principal contractor, sub-contractor, or driver employment agency.

• (4) An offence under this Regulation is one of strict liability.

Offence to make false records, etc.

• (a) makes, or causes to be made, a record, or an entry in a record, that is required to be kept for the purposes of the Council Regulations or these Regulations knowing the record or entry to be false or misleading, or

• (b) with intent to deceive, alters or causes to be altered any such record or entry.

• (2) An offence under paragraph (1) is triable either summarily or on indictment.

• (3) A person found guilty of an offence under paragraph (1) is liable on conviction

• (a) if the offence is tried summarily, to a fine not exceeding €5,000, or

• (b) if the offence is tried on indictment, to a fine not exceeding €10,000.

Offence to interfere with vehicle’s recording equipment

• (a) interferes with recording equipment installed in a vehicle in purported compliance with the Council Regulations or these Regulations, or

• (b) uses, or is in possession of, a device that is

• (i) capable of interfering with the proper operation of any such equipment, or

• (ii) capable of falsifying or destroying data stored in any such equipment,

commits an offence.

Offence for operators of approved workshops to provide false or misleading information

• (a) without reasonable excuse, fails to provide the information, or

• (b) provides the information

• (i) knowing it to be false or misleading, or

• (ii) being reckless as to whether it is false or misleading.

Operator of approved workshop to notify enforcement officer or Road Safety Authority of certain irregularities

• (a) the existence of a device that could interfere with the operation of recording equipment, or

• (b) the falsification of any data stored on recording equipment on the vehicle,

the operator shall, in writing, immediately notify the existence of the device or falsification to either the Road Safety Authority or an enforcement officer.

• (2) An operator of an approved workshop who, without reasonable excuse, fails to comply with subsection (1) commits an offence.

Offence to use vehicle that does not have recording equipment

• (a) recording equipment is installed in the vehicle in accordance with the First Council Regulation, and

• (b) the equipment is functioning correctly.

• (2) In proceedings for an offence under this Regulation, it is a defence to establish that

• (a) recording equipment installed in the relevant vehicle was not functioning properly because of a breakdown of the vehicle or a malfunction in the equipment, and

• (b) all reasonable steps were taken to have the equipment repaired by an approved workshop within 7 days after the breakdown or malfunction occurred.

Offences in respect of driver cards

• (a) falsifies a driver card, or

• (b) makes use of another person’s driver card, or

• (c) obtains a driver card by means of a fraudulent or deceptive statement or by the production of a forged document,

commits an offence.

• (2) On finding a person guilty of an offence under this Regulation, the court may make either or both of the following orders:

• (a) if the court is satisfied that the person is in possession of the driver card to which the offence relates, an order directing the person to surrender the card to the court or to such other person as is named in the order;

• (b) an order forfeiting the card or suspending its operation for such period as is specified in the order.

• (3) An offence under paragraph (1) is triable either summarily or on indictment.

• (4) A person found guilty of an offence under paragraph (1) is liable on conviction

• (a) if the offence is tried summarily, to a fine not exceeding €5,000, or

• (b) if the offence is tried on indictment, to a fine not exceeding €10,000.

Offence to obstruct, or fail to comply with requirement of, an enforcement officer

• (a) intentionally obstructs an enforcement officer acting in the exercise of any power conferred on the officer by these Regulations, or

• (b) without reasonable excuse, fails to comply with a request or requirement made, or a direction given, by the officer under these Regulations, or

• (c) fails to stop a vehicle when requested or required by a member of the Garda Síochána in uniform or by an officer of Customs and Excise to do so, commits an offence.

Offence not to assist an enforcement officer

• (a) all reasonable assistance, or

• (b) all relevant information in the possession, or under the control, of the fitter or operator.

Offences by bodies corporate

• (a) an offence under these Regulations is committed by a body corporate, and

• (b) the offence is proved to have been committed by the body with the consent or connivance of, or to be attributable to any neglect on the part of, a person who is a director, manager, secretary or other officer of the body, or a person who was purporting to act in such capacity,

that person as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished as if the person was guilty of the first-mentioned offence.

• (2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and omissions of a member of that body in connection with the members functions of management as if the member were a director or manager of it.

• (3) A person may be proceeded against for an offence under paragraph (1) whether or not the body corporate has been proceeded against or been convicted of the offence committed by the body.

Penalties for offences under these Regulations

Power to prosecute offence under these Regulations

• (2) Nothing in paragraph (1) limits any other power conferred by law to prosecute an offence under these Regulations.

Certain presumptions applicable to proceedings for offences under these Regulations

• (2) If, in proceedings for an offence under these Regulations, the age of a driver of a vehicle or a driver’s mate, or a conductor of a vehicle, is in issue, the age of the driver, driver’s mate or conductor is presumed to be less than the minimum age required by the Second Council Regulation until the contrary is proved.

• (3) In proceedings for an offence under these Regulations, it is to be presumed, until the contrary is proved

• (a) that none of the exceptions to the application of the Second Council Regulation contained in Article 3 of that Regulation apply to the proceedings, and

• (b) that none of the exemptions contained in Regulation 5 of these Regulations apply to the proceedings.

• (4) In proceedings for an offence under Part 3, it is to be presumed in the absence of evidence to the contrary that a workshop has not been approved under that Part.

Admissibility of certain documents etc, in proceedings for offences under these Regulations

• (2) Every document

• (a) purporting to be a copy of a record or part of a record, or to have been extracted from a recording medium, and

• (b) certified by an enforcement officer to be a true copy of the record or a part of the record, or to have been extracted from the recording medium,

is, without proof of the signature of the officer, admissible in evidence in any legal proceedings, and is, unless the contrary is shown, taken to be a true copy of the record or part of a record, or to have been properly extracted from the recording medium.

• (3) In proceedings for an offence under these Regulations, a recording made by recording equipment installed and used in accordance with the First Council Regulation is admissible as evidence of the facts that the equipment purports to record.

• (4) In proceedings for an offence under these Regulations, a matter disclosed by a record or other recording medium is admissible as evidence of any other matter disclosed by the record or medium.

• (5) Every record or other recording medium purporting

• (a) to be a copy of, or to have been extracted from, a record or other recording medium, and

• (b) to be certified by a person who is authorised to keep or to have control over it as being a true copy of, or to have been extracted from, the record or medium,

is, without proof of the person’s signature, admissible in evidence and is, unless the contrary is shown, taken to be a true copy of, or to have been properly extracted from, the record or medium.

• (6) In legal proceedings arising out of the Council Regulations or these Regulations, the production of a copy of the Official Journal of the European Communities purporting to contain a copy of the European Agreement is admissible as evidence of that Agreement.

• (7) In proceedings for an offence under these Regulations in which the qualification of a driver of a vehicle is in issue, the driver is presumed not to possess the relevant qualifications prescribed by the Council Regulations.

PART 7 Miscellaneous provisions

Power of Road Safety Authority to enter into agreement with authority of other Member State

Application of fees paid under these Regulations

• (2) The Road Safety Authority may waive the fee payable in respect of applications received for digital tachograph cards from enforcement officers who need such cards for the exercise of their powers under these Regulations.

Revocation of certain Regulations

• (a) the European Communities (Road Transport) Regulations 2006 ( S.I. No. 88 of 2006 );

• (b) the European Communities (Road Transport) (Recording Equipment) Regulations 2006 ( S.I. No. 89 of 2006 ).

Saving and transitional provisions

• (2) Subject to paragraph (3), a vehicle that is no longer exempt from the First Council Regulation because of these Regulations is not required to have recording equipment installed in it before 31 December 2007 if the vehicle

• (a) was, in accordance with the European Communities (Road Transport) (Recording Equipment) Regulations 2006 ( S.I. No. 89 of 2006 ), exempted from the requirements of that Regulation before 11 April 2007, and

• (b) was not fitted with recording equipment before that date, and

• (c) is not subsequently fitted with such equipment after that date and before 31 December 2007.

• (3) The driver of a vehicle to which paragraph (2) applies and the transport undertaking (if any) that employs the driver shall each ensure that, for the relevant period, a record of the prescribed matters is made and kept in relation to the use of the vehicle and the work periods of the drivers who drive the vehicle during that period.

• (4) If paragraph (3) is not complied with, the driver of the vehicle and the transport undertaking concerned each commit an offence.

• (5) If either a driver of a vehicle or the transport undertaking (if any) that employs the driver has complied with paragraph (3), the other of them is taken to have complied with that paragraph.

• (6) In paragraph (3)

“prescribed matters”, in relation to the use of a vehicle, means

• (a) the periods during which the vehicle was driven by the driver, and

• (b) other periods of work and availability of the driver, and

• (c) rest periods and other breaks from work taken by the driver;

“relevant period” means

• (a) the period beginning with the commencement of these Regulations and ending with 31 December 2007, or

• (b) if recording equipment is fitted to the vehicle during that period, the period beginning with that commencement and ending with the date on which the equipment is fitted.

• (7) Without limiting the powers of an enforcement officer conferred by these Regulations, such an officer may require a driver of a vehicle to which paragraph (2) applies or the transport undertaking (if any) that employs the driver to produce for inspection any record required to be kept in respect of the vehicle under that paragraph.

Consequential amendment of certain enactments

• “(8) This section does not apply to or in respect of

  • (a) vehicles owned by the State and used for military or police purposes, or

  • (b) persons in the public service of the State driving vehicles so owned and used, or

  • (c) carriage by road to which Council Regulation (EC) 561/2006 applies.”.

• (2) Article 15 of the Road Traffic (Public Service Vehicles) Regulation 1963 ( S.I. No. 191 of 1963 ) (Weekly period of rest) is amended by inserting the following paragraph after paragraph (2):

• “(3) This Article does not apply to carriage by road to which Council Regulation (EC) 561/2006 applies.”.

SCHEDULE 1 FORM

Roadside Check Form

Offence Codes

Offence Codes

EU Code	National Code	Council Regulation 561/06 Drivers Hours	Council Regulation 561/06 Drivers Hours	Council Regulation 561/06 Drivers Hours	Council Regulation 561/06 Drivers Hours	EU Code	National Code	Council Regulation 3821/85 561/06 Records	Council Regulation 3821/85 561/06 Records	Council Regulation 3821/85 561/06 Records	Council Regulation 3821/85 561/06 Records
561-5			ART.	5	Ages of Driver & Crew	3821-15-2			ART.	15	Tachograph chart not used
561-6-1			ART.	6	Daily driving Time — 9 hours	3821-14-2			ART.	14	Failure to preserve sheets/ printouts in good order
561-6-1			ART.	6	Daily Driving Time — 10 hours	561-16-3			ART.	14	Failure to produce roster extract and timetable
561-6-2			ART.	6	Excess driving in 1 week — 56 hours	3821-15-7			ART.	15	Failure to produce tachograph sheets or printouts
561-6-3			ART.	6	Excess driving in 2 weeks — 90 hours	3821-15-2			ART.	15	Tachograph sheet used longer than 24 hours
561-7			ART.	7	Breaks	3821-15-1			ART.	15	Used, dirty or damaged sheets
561-8-2			ART.	8	Daily rest period — Single crewed	3821-15-2			ART.	15	Unauthorised withdrawl of card/sheet
561-8-5			ART.	8	Daily rest period — Multi-manning	561-6-5			ART.	6	Incorrect manual entries on sheet of digital record
561-8-6			ART.	8	Weekly rest period	561-12			ART.	12	Incorrect manual entries — printout (Emergency)
					Others-specify	3821-15-5			ART.	15	Incorrect centre field entries on sheet
						561-20			ART.	20	Fail to produce infringement notice
						3821-15-3			ART.	15	Fail to correctly operate mode switch
						3821-15-8			ART.	15	Destroys or supresses stored or recorded data
						3821-16-2			ART.	15&16	Fail to make and sign required printouts
											Others — specify
EU Code	National Code	AETR — International Carriage outside EU	AETR — International Carriage outside EU	AETR — International Carriage outside EU	AETR — International Carriage outside EU	EU Code	National Code	Council Regulation 3821/85 561/06 Driver Cards	Council Regulation 3821/85 561/06 Driver Cards	Council Regulation 3821/85 561/06 Driver Cards	Council Regulation 3821/85 561/06 Driver Cards
AETR-5			ART.	5	Ages of Driver	3821-15-2			ART.	15	Driving without correctly inserting driver card
AETR-6-1			ART.	6.1	Excess daily driving period	3821-15-2			ART.	15	Second driver — Fail to correctly insert driver card
AETR-6-2			ART.	6.2	Excess driving on 2 weeks	3821-13			ART.	13	Driver fail to ensure correct functioning and use
AETR-7			ART.	7.1	Insufficient break after 4.5 hours driving	3821-15-5a			ART.	15	No country symbols where work starts or ends
AETR-8-1			ART.	8.1	Insufficient daily rest period	3821-15-1			ART.	15	Used, dirty or damaged card
AETR-8-3			ART.	8.3	Insufficient Weekly rest period	3821-14-4a			ART.	14	Driver holding more than one driver card
AETR-10-1			ART.	10.1	Tachograph not type approved	3821-14-4b			ART.	14	Use card for which driver is not authorised
						3821-14-4c			ART.	14	Used defective or expired card
		Appendix 2 — Drivers record book	Appendix 2 — Drivers record book	Appendix 2 — Drivers record book	Appendix 2 — Drivers record book	3821-15-7			ART.	15	Fail to produce driver card
						3821-15-1			ART.	15	Fail to apply for replacement card within 7 days
AETR-12-1			ART.	12.1	Record book not used when appropriate	3821-16-3			ART.	16	Fail to report loss or theft of driver card
AETR-12-7			ART.	12.7	Insufficient records	3821-16-3			ART.	15	Fail to return damaged/malfunctioning card
											Others — specify
EU Code	National Code	Council Regulation 3821/85 Analogue Tachograph	Council Regulation 3821/85 Analogue Tachograph	Council Regulation 3821/85 Analogue Tachograph	Council Regulation 3821/85 Analogue Tachograph	EU CODE	Natioal Code	Council Regulation 3821/85 Digital Tachograph	Council Regulation 3821/85 Digital Tachograph	Council Regulation 3821/85 Digital Tachograph	Council Regulation 3821/85 Digital Tachograph
3821-3-a			ART.	3	EU-approved tachograph not installed	3821-3-d			ART.	3	EU-approved tachograph not installed/activitated
3821-3-a			ART.	3	Tachograph not in use	3821-3-d			Annex	1b	Tachograph incorrectly calibrated
3821-12-4			ART.	12	Missing installation plaque	3821-12-4			ART.	12	Missing instalation plaque
3821-12-a			ART.	12	Missing seals	3821-3-d			ART.	1b	Missing seals
3821-3-a-a			Annex	1	Tachography incorrectly calibrated	3821-3-d			ART.	1b	2 yearly check not carried out
3821-3-a-b			Annex	1	2 yearly check not carried out	3821-12-1			ART.	12	Annex 1b Tachograph incorrectly repaired
3821-3-a-c			ART.	3	Incorrect installation	3821-14-1			ART.	14	Printing cannot be carried out on request
3821-3-a-d			ART.	12	Annex 1 Tachograph incorrectly repaired	3821-16-1			ART.	16	Tachograph defective for longer than permitted
3821-15-3			ART.	15	Incorrect time set into tachograph	3821-15-8			ART.	15	Unauthorised wire/switch present on vehicle
3821-15-2			ART.	15	Incompatible tachograph chart used						Others — specify
3821-15-8			ART.	15	Unauthorised wire/switch present on vehicle
					Others — specify
National Code	National Legislation — Exempt and derogated vehicles	National Legislation — Exempt and derogated vehicles	National Legislation — Exempt and derogated vehicles	National Legislation — Exempt and derogated vehicles	National Legislation — Exempt and derogated vehicles	National Code	ADR — Roadworthiness	ADR — Roadworthiness	ADR — Roadworthiness	ADR — Roadworthiness	ADR — Roadworthiness
Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1	Comments continued from page 1
IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER	IMPORTANT EXPLANTORY NOTE TO DRIVER
This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06	This form has been provided to you in accordance with Article 20(1) of EU regulation 561/06
It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.	It will assist you in any future enforcement check in which you may be involved.
Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand	Article 20(2) of EU regulation 561/06 requires you to produce this form to an enforcement officer, upon demand

GIVEN under my Official Seal,

6 March 2008

NOEL DEMPSEY.

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

• (a) Council Regulation No. 3821/85/EEC on recording equipment in road transport as amended by Council Regulation No. 2135/98/EC and Commission Regulation (EC) No. 1360/2002 and Council Regulation (EC) No. 561/2006; and

• (b) Council Regulation (EC) No. 561/2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No. 3821/85 and (EC) No. 2135/98 and repealing Council Regulation (EEC) No. 3820/85

• • provide for the powers of enforcement officers necessary for the purposes of enforcing the Council Regulations;

• • prescribe penalties for offences created by these Regulations;

• • specify those operations that will be exempt from the Regulations when they occur within the State;

• • prescribe the National Standards Authority of Ireland as the competent authority for the approval of workshops for the installation, calibration and repair of recording equipment;

• • designate the Road Safety Authority as the competent authority for the purposes of issuing digital tachograph cards;

• • prescribe An Garda Síochána as the competent authority to immobilise a vehicle within the State for the purposes of Article 21 of EU Regulation No. 561/2006;

• • provide for the installation and use of recording equipment in certain vehicles registered in Member States that are used for the carriage of passengers and goods by road;

• • provide for the downloading of data from both a digital tachograph and a driver card and for other matters pertaining to the installation, inspection and use of recording equipment, tachograph cards, printouts and record sheets;

• • prescribe the responsibilities of undertakings, employers and drivers regarding the use of recording equipment;

• • specify the records, printouts and downloaded data that are to be maintained, produced and handed over to an enforcement officer and the procedure that is to be followed in circumstances where a driver card is damaged, malfunctions or is not in the possession of the driver;

• • provide that undertakings may be liable for infringements committed by their drivers;

• • provide for approving and controlling of workshops where the installation, repair and calibration of recording equipment is undertaken;

• • impose an obligation on the operators of workshops to immediately notify the Garda Síochána or the Road Safety Authority of devices found on vehicles that could interfere with the operation of recording equipment;

• • specify at Annex I and Annex IB of Council Regulation No. 3821/85/EEC as amended the requirements regarding the construction, testing, installation and inspection of recording equipment;

• • provide for the prosecution of certain offences on indictment;

• • provide for prosecution of driver’s hours offences that, although detected in the State, were committed in another Member State, provided the offender has not already been penalised for the relevant offences;

• • make undertakings, consignors, freight forwarders, tour operators, principal contractors, sub contractors and driver employment agencies responsible for ensuring that contractually agreed time schedules respect the requirements of Regulation (EC) No. 561/2006;

• • prescribe transitional provisions in respect of vehicles that were exempted from the requirements of tachograph rules before 11 April 2007, but which were brought into scope of the rules on that date.

Footnotes