Legislation update

John Loughran examines three EU Directives that will have far reaching consequences for the Irish Transport industry when they are finally adopted and reviews the Carriage of Dangerous Goods Act which came into force on April 1st.
Most truckers have heard of the Working Time Directive, but how many actually know how it will impinge on them personally? Most will certainly not have heard of the EU Physical Agents (Vibration) Directive, yet this directive if brought into law could spell the death knell for the Irish transport industry. The enforcement of the Carriage of Dangerous Goods Act 1998 will also affect many truckers as will the digital tachograph.

Warning!
The following should be digested with an indigestion tablet close at hand because for many truckers it will not make palatable reading.

The Working Time Directive

At the end of December the European Parliament finally agreed a formula for the introduction of this much-maligned proposal. Self-employed drivers will not be included until seven years after the legislation has been passed. Before inclusion, the European Commission must submit a report assessing the likely impact upon road safety, competitiveness and other social factors.

The directive has set a maximum average working week of 48 hours over a 17-week period. A maximum of 60 hours driving in any particular week is allowed provided the 48-hour average is not breached.

Nighttime drivers are restricted to 10 hours per night. Derogations or opt-out clause are limited and strict, and are only allowed where workers are given the equivalent periods of compensating rest.
When the directive finally comes into force, Ireland has a maximum of two years to include it in national law.

The Tachograph Directive

New digital tachograph legislation is due to come on stream by the end of 2003. As part of its preparation, the European Commission has proposed to replace the existing tachograph legislation with a simplified model.

Some of the proposals include reducing the degree of flexibility, limiting the scope of exemption and reducing the provision of compensation for deferred rest periods. It is also proposing to increase the daily rest period to 12 hours.
The provisions dealing with employer liability could also be strengthened and the Commission has proposed the establishment of a pan-European body for the purposes of sharing information and cooperation. This body could then pass information to member states including details of offences committed outside the driver's state and could be used, if necessary to impound vehicles for serious infringements.

Thankfully, these proposals are only at a consultation stage and discussions and from the hauliers' perspective they are far from the finished article. A diluted list of proposals could be agreed before the end of this year.

EU Physical Agents (Vibration) Directive

One of the craziest pieces of proposed legislation ever to emanate from the European Parliament has to be the EU Physical Agents (Vibration) Directive.
The European Union is proposing to introduce legislation that will restrict the number of hours a worker can spend using vibrating machinery and incredibly trucks have been included in the scope of the Directive.
Truck, dumper, forklift and tractor drivers and people engaged in using most types of plant all fall under the proposed remit of the directive.

Under the directive, truckers would be restricted to six hours driving. Dumper truck operators would be restricted to two hours driving, while anyone operating a road drill would be confined to just 47 minutes a day.

The Carriage of Dangerous Goods Act 1998

The Carriage of Dangerous Goods Act finally came into force on April 1st. It will apply to all people involved in the carriage of dangerous goods and waste by road, including loading and unloading.

Vehicles with a GVW of 3.5 tonnes or over or above the quantities set out in Marginal 10.011 of the ADR fall under the remit of the Act. However, operators are advised to contact the Health and Safety Authority (HSA) if they are unsure whether the law applies to their vehicle.

As stated, the Health and Safety Authority and its inspectors have been charged with the responsibility of enforcing the law and have been given far-reaching powers to that end. The Act also empowers HSA inspectors to divert a vehicle up to 80 km in order to carry out a detailed examination.
Inspectors also have the power to check vehicles at any time, and enter premises which he or she has grounds to suspect are being used to transport or store hazardous or waste goods. They can also issue a Probation Notice with immediate or delayed affect on any vehicle found to be faulty.

Section 18 of the Act deals with the different types of offences and to whom these offences apply.

Fines ranges from euro 190 (for minor offences such as not displaying a Hazchem certificate) to euro127,000 for a conviction or indictment under the Act. Fines must be paid within 14 days according to the regulations.
Copies of the Act can be obtained from the Health and Safety Authority on 01 - 6620400.