Kevin O'Keeffe (Cork East, Fianna Fail)
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44. To ask the Minister for Transport, Tourism and Sport when he intends to formalise the 42 tonnes derogation and sign it into legislation given that the weight on the same five axle combination in France, the Benelux countries and Italy is 44 tonnes; if he is aware that since the derogation commenced with road traffic (Construction and Use of Vehicles) Regulations 2003, as amended, SI 5 of 2003, vehicles have been developed to the highest technical standards that far outweigh what was envisaged in 2003 and this is being recognised in other progressive countries for the benefit of the sector; and his further views that the road haulage sector should be kept on a competitive footing at every opportunity given its disadvantaged geographic location. [22249/16]

Shane Ross (Dublin Rathdown, Independent)
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​The derogation permitting a maximum weight laden limit of 42 tonnes for 2 axle tractor units towing 3 axle semi-trailers expired on 30 June last.

Under the Road Traffic (Construction and Use of Vehicles) Regulations 2003 (SI. No. 5 of 2003), the upper weight limit for these vehicles was set at 40 tonnes with an initial derogation in these Regulations permitting such vehicles to continue to operate up to 42 tonnes until the end of 2008. Since 2008 the derogation was extended seven times affording the industry an extensive period of time to adapt to its eventual ending.#

The original motive behind granting this derogation was to allow the haulage industry time, from 2003 onwards, to renew their then existing fleet of 2 axle tractor units with more road friendly 3 axle ones. This was aimed at securing a significant decrease in road and bridge infrastructure damage caused by such vehicles and to thereby reduce the costs to the public finances in terms of maintaining and repairing vital road and bridge infrastructure.  

While derogations from Directive 96/53/EC may permit a higher weight limit for certain articulated vehicle combinations operating within the borders of other EU jurisdictions, given the lower levels of maintenance funding as compared with many of our peer jurisdictions, the Irish road and bridge infrastructure network cannot sustain increased regulatory weight limits for such vehicles.

As Minister for Transport, Tourism and Sport I must have regard to the overarching need to maintain national transport infrastructure in as cost effective manner as possible. It is primarily for this reason, as well as the over 13 years given to the industry to adjust, that the previously existing derogation has not been renewed.