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 regulation of transport, including in particular, the need for the use of tachograph recording of drivers hours.
Judges:
Lord Slynn of Hadley, Lord Jauncey of Tullichettle, Lord Nicholls of Birkenhead, Lord Steyn, Lord Hobhouse of Wood-borough
Citations:
Times 26-Oct-1999, Gazette 03-Nov-1999, [1999] UKHL 34, [1999] 4 All ER 761, [1999] 1 1907
Links:
House of Lords, House of Lords, Bailii
Statutes:
EEC Regulation 3821/85 15(2), Transport Act 1968 97(1)(a)(iii)
Jurisdiction:
England and Wales
Citing:
Cited – 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 . .
Cited – Swain v McCaul and Others QBD 11-Jul-1996
A lorry used for delivering skips was not used for refuse collection and was subject to the tachograph regime. The providing of skips for rubbish was a purely commercial enterprise not carried out for a public authority. . .
Appeal from – Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another Admn 18-Feb-1998
The transport of road maintenance vehicles from one site to another was not itself part of highway maintenance and a tachograph was required. . .
Cited – Firma Stadtereinigung K. Nehlsen KG v Freie Hansestadt Bremen ECJ 6-Dec-1979
Transport – common policy – social provisions – regulation no 543/69 of the council – material scope – vehicles of public authorities – exclusion – vehicles of a private undertaking used to perform a public service – inclusion (regulation no 543/69 . .
Cited – Regina v Thomas Scott and Sons Bakers Ltd 1984
In the field of road transport, Community social legislation ‘aims at the harmonisation of conditions of competition between methods of inland transport, especially with regard to the road sector and the improvement of working conditions and road . .
Cited – Amtsgericht Reckinghausen (Germany) v Mrozek and Jager ECJ 21-Mar-1996
Europa Transport – Road transport – Social legislation – Derogations – Vehicles used in refuse collection and disposal – Definition (Council Regulation No 3820/85, Art. 4(6)) 2. Transport – Road transport – . .
Cited by:
Appealed to – Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another Admn 18-Feb-1998
The transport of road maintenance vehicles from one site to another was not itself part of highway maintenance and a tachograph was required. . .
Lists of cited by and citing cases may be incomplete.
Transport
Updated: 17 May 2022; Ref: scu.159017