Committee Reports > List of Committees > Joint > 1978 > Committee on the Secondary Legislation of the European Communities > Report No. 20 - Statutory Instruments [53]

APPENDIX III

European Communities (Merchandise Road Transport) Regulations, 1977 [S.I. No. 386 of 1977].

European Communities (Road Passenger Transport) Regulations, 1977 [S.I. No. 388 of 1977].

An Rúnaí,

An Roinn Turasóireachta agus Iompair.

I am directed by Mr. Mark Clinton, T.D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities, to refer to the European Communities (Merchandise Road Transport) Regulations, 1977 [S.I. No. 386 of 1977].

To assist the Joint Committee in its examination of this statutory instrument, I am to request you to furnish a memorandum explaining—

(a) the basis for the decision, on which Regulation 3(2) (b) (i) is apparently based, that the carriage of cattle, sheep or pigs but not other animals has “only a minor impact on the transport market”;

(b) the provision in Directive 74/561/EEC which gives rise to Regulation 3(2) (d);

(c) the purpose of Regulation 3(3) in view of the fact that there is no reference to vehicle size in Regulation 3(2) (b), and

(d) the reasons for exercising the right to lower the limit of a permissible payload of 3.5 metric tons mentioned in Article 2 of the Directive to 2.5 metric tons unladen weight.

I am also to ask you to be good enough to state for the information of the Joint Committee why it was not possible to specify precisely in Regulation 14(1) what fees are to be charged and to give particulars of what fees have actually been fixed.

Cléireach an Chomhchoiste.

10 Feabhra, 1978.

An Rúnaí,

An Roinn Turasóireachta agus Iompair.

I am directed by Mr. Mark Clinton, T. D., Chairman of the Joint Committee on the Secondary Legislation of the European Communities, to refer to the European Communities (Road Passenger Transport) Regulations, 1977 [S.I. No. 388 of 1977].

It is assumed that consultation in accordance with Article 1.3 of Directive 74/562/EEC took place with the Commission in regard to the exemptions specified in Regulation 3(2) of S.I. No. 388 of 1977. If this is correct I am to request you to comment, for the information of the Joint Committee, on the absence of an indication to that effect in the introductory citation of authority.

I am also to ask you to be good enough to say why it was not possible to specify precisely in Regulation 14(1) what fees are to be charged and to indicate what fees have actually been fixed.

Cléireach an Chomhchoiste.

13 Feabhra, 1978.

Mr. M. G. Kilroy,

Joint Committee on the Secondary

Legislation of the European Communities,

Leinster House,

Dublin 2.

(1) European Communities (Merchandise Road Transport) Regulations, 1977 [S.I. No. 386 of 1977].

(2) European Communities (Road Passenger Transport) Regulations, 1977 [S.I. No. 388 of 1977].

I am directed by the Minister for Tourism and Transport to refer to your letters of 10th and 13th February, 1978 (reference EC 4/67) and to enclose a note regarding the matters raised regarding the Regulations at (1) above.

As regards consultation with the Commission in relation to the exemptions specified under Regulation 3(2) of both sets of Regulations, the Parliamentary Draftsman considers that it is not necessary to state in the Regulations that there has been consultation with the Commission. The question of including a reference in future Regulations of this nature will be borne in mind. The Regulations were submitted to the Commission in draft form on 7 July, 1977 (Merchandise) and 28 July, 1977 (Passenger) and a discussion was held with Commission officials on 5 December, 1977. The Commission has not yet issued its recommendations but in a letter of 16 December, 1977 agreed that Ireland could make the Regulations before the end of 1977 and in advance of the Commission’s recommendations so as to ensure that the Directives would be in operation.

It is understood that the Commission may recommend that cattle haulage should not be exempted under Directive 74/561/EEC but have said that any matters which they may raise may be discussed further with them. In view of the position as stated reference to the agreement of the Commission to the exemptions under Regulation 3(2) of S.I. No. 386 of 1977 and S.I. No. 388 of 1977 could not in any case be included in the Regulations.

As regards the question of fees under regulation 14(1) of the Regulations at (2) above this is an enabling Regulation and the same position applies as in the case of the Haulier Regulations as set out in Note beneath.

D. B. FITZPATRICK.

22 March, 1978.

European Communities (Merchandise Road Transport) Regulations, 1977.

1. Regulation 3(2)(b)(i)

Under the provisions of the Road Transport Acts the carrying on of a merchandise road transport business save under a merchandise licence is prohibited. There are exemptions from this prohibition as follows:—

Commodities

The same commodities as set out under Regulation 3(2)(b) and (c) of the European Communities (Merchandise Road Transport) Regulations, 1977.

Areas of Operation

Carriage within a 15 mile radius of the principal post offices in Dublin and Cork and a 10 mile radius of the principal post offices in Limerick, Galway and Waterford.

As regards the provision in Article 2(2) of the EEC Directive 74/561 allowing for exemption from all or some of the provisions of the Directive of national transport operations having only a minor impact on the market, the decision to confine the exemption for animals to cattle, sheep and pigs was to keep the exemptions under the Regulations in line with the exemptions in the Road Transport Acts. As long ago as 1970 it was decided that the carriage of cattle, sheep and pigs could not be effectively performed under licensing control. Accordingly that class of traffic as a self-contained and specialised entity separate from the general market, was exempted by the Road Transport Act, 1971 from the provisions of Road Transport legislation requiring a merchandise licence for the carriage of merchandise for reward. The carriage of animals other than cattle, sheep and pigs remains within the ambit of the general haulage market.

There was no question of exempting general carriers in the “exempted areas” of Dublin, Cork, Limerick, Waterford and Galway from the requirements of the EEC Directive as these are the areas of the greatest economic activity in the country.

2. Regulation 3(2)(d)

There is no provision in Directive 74/561 which gives rise to Regulation 3(2)(d). The Regulations apply to persons or firms established in the State and the purpose of Regulation 3(2)(d) is to exclude foreign hauliers who enter the State to carry goods to or from the State under short term permits etc. from the provisions of the Regulations. It is the view that without this provision the Regulations would have the effect of imposing on hauliers from other Community States the provisions of the Irish implementing measures as well as those applicable in their own countries and on non-Community hauliers provisions with which they could not possibly comply.

Extracts from the Road Transport Acts, 1935 and 1958 are enclosed.

3. Regulation 3(3)

There is a mistype here and the Regulation should apply to Regulation 3(2)(a). Vehicle weights in the State are designated on the basis of unladen weight. 2·5 metric tons unladen weight is the equivalent of a permissible payload of 3·5 metric tons or a total laden weight of 6 metric tons.

4. Regulation 14(1)

This is an enabling Regulation. The Department will not be charging fees under (c) and (d) of this Regulation as the Minister has given responsibility to the Chartered Institute of Transport for the running of courses and the holding of examinations. Any fees charged by the Institute go towards the financing of their scheme.

As regards Regulation 14(1)(a) and (b) fees are not so far being charged in these cases.

Circumstances or policy could however, change to the extent that the charging of a fee would be necessary or inevitable and the provision to enable fees to be charged seems desirable.