Some confusion arose regarding the use of the 12-day rule for coach drivers. Following an enquiry from the Coach Transport & Tourism Council (CTTC) by Chairman Willie Martin, it has been confirmed that the 12-day rule and all of the other amendments in regulation 561/2006 has direct effect in Irish law.
In a letter to the Road Safety Authority (RSA), CTTC Chairman Willie Martin, said that there appeared to be confusion regarding regulation, which is an amendment on regulation 561/2006 as to whether it has effect in Irish law. His concern was that there may be issues regarding the interpretation of a regulation versus a directive. Some feedback from PSV sergeants and MEPs suggested that the regulation were indeed in effect in Ireland. The CTTC was also concerned that the issue of the revised split in the rest times, could be an issue.
Willie said: “Our tachographs have been calibrated to the old regulation of a 15 minute break followed by a 30 minute break in lieu of a full 45 minute break after 4.5 hours continuous driving whereas now we can split it differently i.e. a 20 and 25 minute break etc, our tachographs are currently showing infringements and a control officer may issue warnings/proceedings when in fact no infringements have been committed.”
In response the RSA sent the following statement to the CTTC:
“Indeed Regulation (EU) 2024/1258 has direct effect in Ireland so it is law but we are waiting for DoT to transpose it for us so that we can enforce it. So, your members are fully entitled to comply with the revised provisions contained in it for occasional passenger transport services. We plan to modify the regulations and put on our website shortly.
Commenting on the response to the CTTC from the RSA, Willie Martin added: We are delighted and thankful for this clarification from the RSA and I know these changes will be helpful to operators when scheduling drivers roosters.