References: C-47/79, [1979] ECR 3639
Ratio: Transport – common policy – social provisions – regulation no 543/69 of the council – material scope – vehicles of public authorities – exclusion – vehicles of a private undertaking used to perform a public service – inclusion (regulation no 543/69 of the council, art. 4 (4), as amended by regulation no 2827/77) Pursuant to article 4 (4) of regulation no 543/69 of the council on the har- monization of certain social legis- lation relating to road transport, as amended by regulation no 2827/77, that regulation does not apply to carriage by ‘.. Vehicles which are used by other public authorities for public services. ‘ That expression must be understood as covering only vehicles which are owned by or under the control of the public authority and does not extend to vehicles belonging to a private undertaking and used by the latter to perform a public service or a service in the public interest which it has undertaken to provide under a contract governed by private law.
This case is cited by:
- Cited – Vehicle Inspectorate v Bruce Cook Road Planing Ltd and Another HL (Times 26-Oct-99, Gazette 03-Nov-99, House of Lords, House of Lords, Bailii, [1999] UKHL 34, [1999] 4 All ER 761, [1999] 1 1907)
The transport of motorway maintenance vehicles and plant to and from sites on the back of a low loader is not sufficiently closely connected with the use of such machines on the motorways, to attract exemption as for such use from the general . .
(This list may be incomplete)
Last Update: 10 March 2019
Ref: 132841
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