S.I. No. 49/2015 - European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) (Amendment) Regulations 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th February, 2015.

I, PASCHAL DONOHOE, Minister for Transport, Tourism and Sport in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purposes of giving further effect to Directive 2002/15/EC of the European Parliament and of the Council of 11 March 2002 1 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) (Amendment) Regulations 2015.

2. The European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. 36 of 2012) is amended—

(a) in Regulation 12(e), by substituting “at least 3 years” for “at least 2 years”, and

(b) in Regulation 18(1), by substituting “Regulation 5, 8, 9, 10, 11 or 12” for “Regulation 5, 8, 10, 11 or 12”.

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GIVEN under my Official Seal,

9 February 2015.

PASCHAL DONOHOE,

Minister for Transport, Tourism and Sport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to amend the European Communities (Road Transport) (Organisation of Working Time of Persons Performing Mobile Road Transport Activities) Regulations 2012 (S.I. 36 of 2012) by amending Regulations 12(e) and 18(1).

The amendment of Regulation 12(e) increases the retention period of specific records to at least 3 years and the amendment of Regulation 18(1) provides mobile workers the right to present a complaint to a rights commissioner if the mobile worker’s employer does not comply with the provisions of the Council Regulation relating to daily and weekly rest.

1 OJ No. L 80, 23.03.2002, p.35