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Memo 66: Information regarding the provisional agreement on the Driving times and Tachograph Regulations

 

Dear Members,

At the EBC Board of Directors meeting on 13th December 2019, attended by Pat Doyle, the European institutions found a provisional agreement on the “Driving times” and “Tachograph” Regulations. The European Council approved the provisional agreement on 20 December. Today the transport committee of the European Parliament equally adopted the provisional agreement.

With regard to the points relevant for construction SMEs, the following was agreed by the institutions:

Vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes will remain excluded from the regulations. However, the European institutions decided against following our advice to increase the kilometer radius. Instead they decided to add a specific point on the delivery of goods produced on a craft basis to the exemption. The exemption now reads as:

“vehicles or combinations of vehicles with a maximum permissible mass not exceeding 7,5 tonnes used for carrying materials, equipment or machinery for the driver’s use in the course of his work, or delivering goods produced on a craft basis where the transport is not carried out for hire or reward and which are delivered only within a 100 km radius from the base of the undertaking and on the condition that driving the vehicle does not constitute the driver’s main activity.” (article 3)

We are glad to see that the European institutions decided to exclude Light Commercial Vehicles from the obligation to install tachographs where the transport is on the own account of the company or the driver, and where driving does not constitute the main activity of the person driving the vehicle. The exemption now reads as:

“vehicles with a maximum permissible mass, including any trailer, or semi-trailer of between 2,5 and 3,5 tonnes that are used for the transport of goods, where the transport is not effected for hire or reward, but on the own account of the company or the driver, and where driving does not constitute the main activity of the person driving the vehicle." (article 3)

We are happy to see that the institutions decided to introduce the possibility for national exemptions regarding construction enterprises. However, this exemption will solely apply to vehicles or combinations of vehicles carrying construction machinery and will read as the following:

“vehicles or combinations of vehicles carrying construction machinery for a construction undertaking up to a 100 km radius from the base of the undertaking and on condition that driving the vehicles does not constitute the driver's main activity." (article 13)

In addition, there is the possibility for national exemptions regarding vehicles used for the delivery of ready-mixed concrete, though we consider this less relevant for you (Article 13).

If you would like to receive further information, please do not hesitate to get in touch with us.

Best Regards

Pat Doyle

The National Guild of Master Craftsmen is the designated Irish member of the EBC.

 

 

 

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IRISH TIMES ARTICLE - Electricians threaten to spark crisis in building industry

Electricians could potentially spark a constitutional crisis of sorts in the building industry with their challenge to the latest sectoral employment order issued by the Government.

National Electrical Contractors Ireland (NECI) this week succeeded in getting Mr Justice Charles Meenan in the High Court to stay part of a sectoral employment order for their industry demanding that these businesses pay into the Construction Workers’ Pension Scheme.

The ruling got them over the first hurdle in a challenge to an order signed by Minister of State for Employment Pat Breen setting pay rates and other conditions for the industry.

NECI is arguing against the order on several grounds, including that the Minister, and the Labour Court, on whose recommendation he was acting, failed to follow the procedures set out in the Industrial Relations (Amendment) Act, 2015, which created sectoral employment orders in the first place.

The 2015 Act itself is central to another part of NECI’s challenge. The organisation says the legislation is contrary to article 15 of the Constitution, as it allows bodies and individuals other than the Oireachtas to make laws.

NECI faces a challenge on this particular front. While the courts do strike down legislation because it is unconstitutional, they don’t do so lightly. If the organisation does win on this ground, it has ramifications for construction as a whole, as sectoral employment orders based on the 2015 legislation already determine pay in the industry.

The Oireachtas passed the Industrial Relations (Amendment) Act, 2015, because the courts found that the old Registered Employment Agreements, created by a law dating back to 1946, were unconstitutional. Those agreements determined pay in construction and other industries.

So, it would be ironic if NECI was to win its case on constitutional grounds. Not only that, it would – once again – make our legislators, many of whom are lawyers, look constitutionally illiterate.

https://www.irishtimes.com/business/construction/electricians-threaten-to-spark-crisis-in-building-industry-1.3988719​

 

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Dear Members,

Up to date news from Saorview regarding changes;

Some of the TV broadcast spectrum currently used by Saorview is to be reallocated to other purposes in line with government policy. The spectrum being cleared is the 700MHz band. 

The 700MHz migration process commences on September 4 2019 and will mean that  Saorview and Freeview viewers in areas affected will need to retune, and some will need to take other actions.

Please pass this on to colleagues who may not receive this mail.

With best regards,

Jim Higgins

Saorview Brand Compliance and Business Development Manager

+353 86 2595244

+353 1 2082148

jim@saorview.ie

 

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