Statutory Instruments
2001 No. 628
ROAD TRAFFIC
The Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) Regulations 2001
Made
5th March 2001
Laid before Parliament
5th March 2001
Coming into force
6th March 2001
The Secretary of State for the Environment, Transport and the Regions, being a Minister designated( 1 ) for the purposes of section 2(2) of the European Communities Act 1972( 2 ) in relation to the regulation and supervision of working conditions of persons engaged in road transport, in exercise of the powers conferred by that section and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
1. These Regulations may be cited as the Community Drivers' Hours (Foot-and-Mouth Disease) (Temporary Exception) Regulations 2001 and shall come into force on 6th March 2001.
2. In these Regulations—
“agricultural product” means products of—
(a)the soil;
(b)dairy farming;
(c)the breeding and keeping of livestock, and
(d)poultry farming,
and products of first-stage processing directly relating to such products;
“agricultural purpose” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land and meadow land, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;
“farm” means land which is occupied for agricultural purposes, including any dwelling-house or other building occupied by the same person for the purpose of farming the land;
“feeding stuff” means—
(a)a product of vegetable or animal origin in its natural state (whether fresh or preserved);
(b)a product derived from the industrial processing of such a product; or
(c)an organic or inorganic substance, used singly or in a mixture (and whether or not containing additives); for oral feeding to animals which, or kinds of which, are in particular kept for the production of food, skins or fur or for the purpose of their use in the farming of land;
“fertiliser” means a fertiliser used for the cultivation of crops or plants of any description, including trees;
“fuel” includes any substance used as a source of heat or power;
“grain” includes wheat, maize, oats, rye, barley, rice, pulses, seeds and processed forms thereof;
“livestock” includes cattle, horses, asses, mules, hinnies, sheep, pigs, goats, poultry, deer and, while in captivity, pheasants, partridges and grouse;
“vehicle”, whether laden or not, has the same meaning as “vehicles” in the Council Regulation.
3. —(1) Pursuant to Article 13(2) of Council Regulation 3 ) (“the Council Regulation”) until 4th April 2001, and in order to meet the exceptional circumstances occasioned by the outbreak of foot-and-mouth disease in Great Britain, or the effects or consequences of such exceptional circumstances, any time spent driving a vehicle for the purpose of—
(a) the collection or delivery to or from a farm of agricultural products, fertiliser, fuel, disinfectants, herbicides and pesticides; or
(b) the movement of livestock; or
(c) the transport of feeding stuff and grain,
shall not be taken into account for the purposes of Article 6(2) of that Regulation.
(2) In relation to the driving of a vehicle in the exceptional circumstances and for the purposes mentioned in paragraph (1) above, the said Council Regulation shall have effect as if:—
(a) in Article 6, paragraph 1 first sentence, for the reference to “nine hours” there were substituted “ten hours” and the second sentence of that paragraph were deleted;
(b) in Article 8, paragraph 3 first sentence, for the reference to “45 consecutive hours” there were substituted “24 consecutive hours” and the remainder of that paragraph were deleted.
Signed by authority of the Secretary of State for the Environment, Transport and the Regions
Larry Whitty
Parliamentary Under-Secretary of State
Department of the Environment, Transport and the Regions
5th March 2001