Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 8th April, 2014.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 11 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), and section 2 of the Road Traffic Act 2006 (No. 23 of 2006), and further to Article 4(2)(a) of Council Directive 96/53/EC of 25 July 1996¹ as amended by Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002² , hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2014.

(2) These Regulations come into operation on the date of signature.

2. (1) Regulation 36 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ), as inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008 ( S.I. No. 366 of 2008 ), is hereby amended by the addition of the following paragraph (4):

"(4) This Regulation does not apply to an unenclosed agricultural or goods vehicle combination, the trailer component of which is constructed or adapted primarily for the carriage of hay, silage, straw or other animal fodder, where such trailer is being used exclusively for either the carriage of such hay, silage, straw, or other animal fodder or a combination thereof, provided always that the hay, silage, straw or other animal fodder being carried is baled."

(2) In this Regulation-

"agricultural or goods vehicle combination" means a goods trailer or semi-trailer when drawn by a goods vehicle or tractor unit, or an agricultural trailer when drawn by a land tractor; the terms "goods trailer", "semi-trailer", "goods vehicle", "agricultural trailer" and "land tractor" having the meanings assigned to them in Regulation 2(1) of the Road Traffic (Construction and Use of Vehicles) Regulations 2003, while the term "tractor unit" has the meaning assigned to it in Regulation 36(3) of those Regulations, as inserted by Regulation 2 of the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008;

"baled" refers to a large bundle of hay, silage, straw or other animal fodder that is bound with cord, netting, plastic or twine such that none of the hay, silage, straw or other animal fodder is loose;

"hay" includes grass, moss, clover, lucerne, sainfoin, rushes, ferns, reeds, bracken, heather, alfalfa meal, which has been cut, dried and is intended for use as animal fodder;

"silage" means grass or other green fodder compacted and stored in airtight conditions, without first being dried and used as animal feed;

"straw" means dried stalks of grain, used especially as fodder or livestock bedding.

GIVEN under my Official Seal,

2 April 2014.

LEO VARADKAR,

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.)

These regulations provide that the maximum national vehicle height of 4.65 metres prescribed by Regulation 36 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ), as inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008 ( S.I. No. 366 of 2008 ), shall not apply to an unenclosed agricultural or goods vehicle combination that is being used exclusively for the transport of hay, silage, straw and other animal fodder, or combinations thereof, that is baled.

1 O.J. No. L 235, 17.9.96, p. 59.

2 O.J. No. L 67, 9.3.02, p. 7.

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 8th April, 2014.

I, LEO VARADKAR, Minister for Transport, Tourism and Sport, in exercise of the powers conferred on me by section 11 of the Road Traffic Act 1961 (No. 24 of 1961) and the National Roads and Road Traffic (Transfer of Departmental Administration and Ministerial Functions) Order 2002 ( S.I. No. 298 of 2002 ) (as adapted by the Transport (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 141 of 2011 )), and section 2 of the Road Traffic Act 2006 (No. 23 of 2006), and further to Article 4(2)(a) of Council Directive 96/53/EC of 25 July 1996¹ as amended by Directive 2002/7/EC of the European Parliament and of the Council of 18 February 2002² , hereby make the following regulations:

1. (1) These Regulations may be cited as the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2014.

(2) These Regulations come into operation on the date of signature.

2. (1) Regulation 36 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ), as inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008 ( S.I. No. 366 of 2008 ), is hereby amended by the addition of the following paragraph (4):

"(4) This Regulation does not apply to an unenclosed agricultural or goods vehicle combination, the trailer component of which is constructed or adapted primarily for the carriage of hay, silage, straw or other animal fodder, where such trailer is being used exclusively for either the carriage of such hay, silage, straw, or other animal fodder or a combination thereof, provided always that the hay, silage, straw or other animal fodder being carried is baled."

(2) In this Regulation-

"agricultural or goods vehicle combination" means a goods trailer or semi-trailer when drawn by a goods vehicle or tractor unit, or an agricultural trailer when drawn by a land tractor; the terms "goods trailer", "semi-trailer", "goods vehicle", "agricultural trailer" and "land tractor" having the meanings assigned to them in Regulation 2(1) of the Road Traffic (Construction and Use of Vehicles) Regulations 2003, while the term "tractor unit" has the meaning assigned to it in Regulation 36(3) of those Regulations, as inserted by Regulation 2 of the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008;

"baled" refers to a large bundle of hay, silage, straw or other animal fodder that is bound with cord, netting, plastic or twine such that none of the hay, silage, straw or other animal fodder is loose;

"hay" includes grass, moss, clover, lucerne, sainfoin, rushes, ferns, reeds, bracken, heather, alfalfa meal, which has been cut, dried and is intended for use as animal fodder;

"silage" means grass or other green fodder compacted and stored in airtight conditions, without first being dried and used as animal feed;

"straw" means dried stalks of grain, used especially as fodder or livestock bedding.

GIVEN under my Official Seal,

2 April 2014.

LEO VARADKAR,

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.)

These regulations provide that the maximum national vehicle height of 4.65 metres prescribed by Regulation 36 of the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ), as inserted by the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2008 ( S.I. No. 366 of 2008 ), shall not apply to an unenclosed agricultural or goods vehicle combination that is being used exclusively for the transport of hay, silage, straw and other animal fodder, or combinations thereof, that is baled.

1 O.J. No. L 235, 17.9.96, p. 59.

2 O.J. No. L 67, 9.3.02, p. 7.