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Statutory Rules of Northern Ireland

2001 No. 154

EUROPEAN COMMUNITIES

ROAD TRAFFIC AND VEHICLES

The Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations (Northern Ireland) 2001

Made

5th April 2001

Coming into operation

9th April 2001

The Department of the Environment, being a Department designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the regulation and supervision of working conditions of persons engaged in road transport, in exercise of the powers conferred by that section and of every other power enabling it in that behalf, hereby makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) (No. 2) Regulations (Northern Ireland) 2001 and shall come into operation on 9th April 2001.

Interpretation

2.—(1) In these Regulations—

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

Temporary exceptions

3.—(1) Pursuant to Article 13(2) of the Council Regulation until 7th June 2001, and in order to meet the exceptional circumstances occasioned by the outbreak of foot-and-mouth disease in Northern Ireland, or the effects or consequences of such exceptional circumstances, any time spent driving a vehicle for the purpose of—

(a)the collection or delivery to or from a farm of agricultural products, machinery, fertiliser, fuel, disinfectants, herbicides and pesticides; or

(b)the movement of livestock; or

(c)the transport of feeding stuff and grain,

shall not be taken into account for the purposes of Article 6(2) of that Regulation.

(2) In relation to the driving of a vehicle in the exceptional circumstances and for the purposes mentioned in paragraph (1), the Council Regulation shall have effect as if—

(a)in Article 6, paragraph 1 first sentence, for the reference to “nine hours” there were substituted “ten hours” and the second sentence of that paragraph were deleted; and

(b)in Article 8, for paragraph 3 there were substituted the following—

3.  In the course of each week, one of the rest periods referred to in paragraphs 1 and 2 shall be extended, by way of weekly rest, to a total of 24 consecutive hours. Every third week this rest period shall be extended to a total of 45 consecutive hours..

Sealed with the Official Seal of the Department of the Environment on 5th April 2001.

L.S.

Sam Foster

Minister of the Environment

Explanatory Note

(This note is not part of the Regulations.)

Article 13(2) of Council Regulation (EEC) No. 3820/85 of 20th December 1985 on harmonisation of certain social legislation relating to road transport (“the Council Regulation”) provides that member States may, after authorisation by the Commission, grant exceptions from the application of the provisions of that Regulation to transport operations carried out in exceptional circumstances. The Commission has authorised the temporary exception provided for by these Regulations.

The Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) Regulations (Northern Ireland) 2001 (S.R. 2001 No.103) applied a temporary exception for 30 days from 10th March to 8th April 2001. The present Regulations provide for a further temporary exception of 60 days and include the following changes—

These Regulations provide that until 7th June 2001, any time spent driving vehicles for the purposes specified in regulation 3(1) to meet the exceptional circumstances occasioned by the outbreak of foot-and-mouth disease in Northern Ireland, or the effects or consequences of such exceptional circumstances, shall not be taken into account for the purposes of the application of Article 6(2) of the Council Regulation.

These Regulations also provide that in relation to the driving of such vehicles in the exceptional circumstances mentioned above, Articles 6(1) and 8(3) of the Council Regulation shall have effect subject to certain modifications.

(3)

O.J. No. L370, 31.12.85, p. 1