Bernard Durkan (Kildare North, Fine Gael)
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Question 188: To ask the Minister for Transport if his proposals to ban super trucks will be in accord with European court principles; and if he will make a statement on the matter. [36268/05]

Martin Cullen (Waterford, Fianna Fail)
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I refer the Deputy to my reply to Priority Question No. 2 of today. EU law permits member states to have national weight and dimension limits for road vehicles provided they do not conflict with European law. The recent judgment of the European Court of Justice, to which the Deputy refers, related 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. This limit was lower than the weight limit specified in the relevant EU directive on vehicle weights and dimensions. The issue I am dealing with relates to the reintroduction of a statutory maximum height for vehicles in excess of a limit of 4 m, which is the current threshold at or below which the free circulation of vehicles within the European Union must be permitted by member states. If 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 — Directive 98/34.