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— the movement of machinery is added to regulation 3(1)(a); and the reduced weekly rest of 24 consecutive hours is extended to 45 consecutive hours every third week (regulation 3(2)(b)).

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.