Ivor Callely (Dublin North Central, Fianna Fail)

The question refers to two different issues, namely, the super-truck, or super-cube, and the November 2005 European Court of Justice ruling. Although the Deputy does not quote the reference, I presume the question refers to the weight issue. There is a distinction between height and weight.

EU law permits member states to have national weight and dimension limits for road vehicles provided they are not in conflict with European law. I understand the recent judgment of the European Court of Justice, to which the Deputy's question refers, relates to the prohibition by the Austrian authorities on the use of certain motor vehicles over 7.5 tonnes in weight on a section of motorway in the Tyrol region. I understand that this limit was lower than that the weight limit specified in the relevant EU directive on vehicle weights and dimensions.

The issue I am considering relates to the possible reintroduction of a statutory maximum height for vehicles in excess of a limit of four metres which is the current threshold at or below which the free circulation of vehicles within the European Union must be permitted by member states. In the event that it is decided to reintroduce a statutory height restriction for vehicles, it will be necessary to submit the draft regulations to the European Commission for consideration and for referral to other member states in accordance with the Technical Standards and Regulations Directive 98/34.

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