Legislation looms large

Three pieces of legislation, two national and one European could have far reaching consequences for the Irish road haulage industry. John Loughran reports.

On January 2, new legislation came into effect in Ireland that could have a profound effect on the Irish haulage industry.
The legislation implements the EU Directive 2002 15 on the organisation of the working time of persons performing mobile road transport activities. The Regulations apply to drivers and other mobile workers who are involved in road transport operations that are currently subject to EU drivers' hours and rest period rules, including own account drivers and agency drivers. Generally, they will apply to anyone that is required by EU rules to have a tachograph.

The Regulations will supplement the driver's hours rules by regulating the full working day of mobile road transport workers , that is driving hours and time spent on other work related activities. Mobile workers will be obliged to comply with the new Regulations as well as the existing EU drivers' hours rules.
Under the new Regulations, limits on weekly working time (excluding breaks and periods of availability) and a limit on the amount of work that can be done at night will be introduced. They also specify how much continuous work can be done before taking a break.

Under the new rules the average working week must not average more than 48 hours. In that light the maximum number of hours that can be worked in any particular week must not exceed 6O. Similarly must not work more than 10 hours in any given 24 hour period if working at night.
A reference period for the average 48 hours week may be extended from 4 to 6 months and the amount of night work can exceed 10 hours if a collective or registered employment agreement is in place.

The Irish Road Haulage Association (IRHA) has expressed its concern on the new regulations, claiming they would have a negative impact on the haulage industry. IRHA spokesman Jimmy Quinn said he was concerned about the effect that the new law could have on Irish drivers. "It's going to be very difficult for us because of our geographical location to be compliant on this and it will pose problems for small hauliers," he said.
A spokesman for the Department of Transport said that fleet operators and drivers will require a period of time to acquaint themselves with the new arrangements. A copy of the new legislation together with an information note is on the Department's website at www.transport.ie.

Driver Safety
Irish haulage firms are now liable for their drivers’safety under health and safety legislation, which came into force recently. Under the Safety, Health & Welfare Act, which became law last October, employers are liable for the safety of their employees in the workplace, which includes the open road.

According to the Act, the primary responsibility for driver safety and health falls on employers, including private companies and companies in the public sector as they, in effect, create the risks. Company directors and managers therefore carry a significant social responsibility to protect safety and health.
The new act covers all types and places of work, including driver related work, and represents a modernisation of Ireland’s occupational health and safety laws.

The primary focus of the Act is the prevention of deaths and injuries in the workplace, which includes Irish roads. The aim of the Act is to encourage a responsible attitude on the part of both employers and employees.
Under the Act drivers are required to: comply with relevant safety and health laws, to refrain from intoxicants while at work; not engage in improper conduct or behaviour; wear personal protective clothing, where necessary and to co-operate with their employer.

Breaches of the Act could result in prosecution, imprisonment and fines of up to 3 million euro.
The massive increase in fines and penalties has been designed to reflect the gravity, which the Government attaches to breaches of the new law, particularly those that result in death or injury.
Meanwhile, the European Commission has proposed new legislation that will help to stimulate a market for "clean" vehicles in order to reduce pollutant emissions in the transport sector.
By requiring public bodies to earmark a quarter of their annual procurement requirements to such vehicles, the new European proposals would make it possible to give manufacturers the assurances they need in order to develop these vehicles for a wider market.

"The growing problems caused by pollution in towns and cities and the steady increase in the price of oil make it necessary to help the motor industry to produce less-polluting vehicles", stated Commission Vice-President Jacques Barrot, the Transport Commissioner.
Andris Piebalgs, the Energy Commissioner, who help to frame the proposals explained: "Ultimately these measures will make it possible to increase energy efficiency in the transport sector, one of the most polluting and energy-intensive sectors".

Given the continuing growth of the transport sector and its knock-on effects in terms of pollution and dependence on oil, the Commission stresses the need to develop a market for "clean" vehicles.
In the EU as a whole, road transport accounts for approximately one-quarter of total energy consumption and CO2 emissions. Therefore the potential for reducing vehicle emissions and making energy savings is substantial. However, the technologies needed remain more expensive than conventional vehicle manufacturing technologies.

Consequently, the European Commission has decided to promote the development of a new generation of vehicles, which consume less energy and generate fewer pollutant emissions. The Directive provides that public bodies (State, regional or local authorities, bodies governed by public law, public undertakings and operators contracted by public bodies to supply transport services) will be obliged to allocate a minimum quota of 25% of their annual procurement (purchasing or leasing) of heavy-duty vehicles (with a weight greater than 3.5 tonnes) to "enhanced environmentally friendly vehicles" as defined in the European Performance Standard (EEV).Heavy duty vehicles include buses and most utility vehicles, such as refuse collection lorries.

The "clean" vehicle procurement obligations are initially limited to these vehicle categories for which the market shares accounted for by public bodies are significant (approximately 6% in the case of lorries and around one-third in the case of buses). The increased demand for these less-polluting vehicles will make it possible to support their development by manufacturers: the aim is to establish a viable market by creating sufficient demand to generate economies of scale.

The studies carried out by the Commission have demonstrated the positive impact on the competitiveness of the European motor industry. The supply of "clean" vehicles by manufacturers will become an important factor in competitiveness given the urban pollution problems encountered throughout the world by a number of countries experiencing rapid economic growth.