Licensing Authority South Eastern Traffic Area v British Gas plc: ECJ 25 Jun 1992

Europa The derogation from the requirement to install and use a tachograph in vehicles registered in a Member State which are used for the carriage of passengers or goods by road, laid down for vehicles used in connection with the gas service under Article 3(1) of Regulation No 3821/85 on recording equipment in road transport in conjunction with Article 4(6) of Regulation No 3820/85 on the harmonization of certain social legislation relating to road transport, applies solely to vehicles used, at the relevant time, for carriage wholly and exclusively in connection with the production, transport or distribution of gas, or the maintenance of the necessary installations for that purpose. However, that derogation does not apply to vehicles wholly or partly used at the relevant time in connection with the carriage of domestic gas appliances.
‘In that respect it is apparent from the list in Article 4(6) that the services envisaged by that provision are all general services performed in the public interest.’ and ‘The derogation from the requirement to install and use a tachograph . . . applies solely to vehicles used, at the relevant time, for carriage wholly and exclusively in connection with the production, transport or distribution of gas, or the maintenance of the necessary installations for that purpose. However, that derogation does not apply to vehicles wholly or partly used at the relevant time in connection with the carriage of domestic gas appliances.’

Citations:

C-116/91, [1992] ECR I-4071, [1992] EUECJ C-116/91

Links:

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Cited by:

CitedVehicle Inspectorate v Bruce Cook Road Planing Ltd and Another HL 8-Jul-1999
The transport of motorway maintenance vehicles and plant to and from sites on the back of a low loader is not sufficiently closely connected with the use of such machines on the motorways, to attract exemption as for such use from the general . .
Lists of cited by and citing cases may be incomplete.

European, Road Traffic

Updated: 01 June 2022; Ref: scu.160695