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Case C-222/12: Judgment of the Court (Sixth Chamber) of 13 March 2014 (request for a preliminary ruling from the Tartu ringkonnakohus — Estonia) — A. Karuse AS v Politsei- ja Piirivalveamet (Road transport — Regulation (EC) No 561/2006 — Obligation to use a tachograph — Derogation for vehicles used in connection with road maintenance — Vehicle transporting gravel from the loading site to the road maintenance works site)
ECLI:EU:UNKNOWN:62012CA0222
62012CA0222
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Official Journal of the European Union
C 135/3
(Case C-222/12) (<span class="super">1</span>)
((Road transport - Regulation (EC) No 561/2006 - Obligation to use a tachograph - Derogation for vehicles used in connection with road maintenance - Vehicle transporting gravel from the loading site to the road maintenance works site))
2014/C 135/03
Language of the case: Estonian
Referring court
Parties to the main proceedings
Applicant: A. Karuse AS
Defendant: Politsei- ja Piirivalveamet
Re:
Request for a preliminary ruling — Tartu Ringkonnakohus — Interpretation of Article 13(1)(h) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85 (OJ 2006 L 102, p. 1) — Obligation to use a tachograph — Exception to the obligation for vehicles used in connection with road maintenance — Tipping lorry with a maximum weight of 25,5 tonnes carrying gravel along the public highway from a quarry to a site of road repair and maintenance works.
Operative part of the judgment
The concept of ‘vehicles used in connection with road maintenance’, in Article 13(1)(h) of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) No 2135/98 and repealing Council Regulation (EEC) No 3820/85, which vehicles can be exempted from the use of a tachograph, must be interpreted as meaning that it covers vehicles transporting material to a road maintenance works site, provided that the transport is wholly and exclusively connected with those works and constitutes an ancillary activity to them. It is for the national court to ascertain whether that is the case, taking account of all the relevant factors in the main proceedings.
(<span class="super">1</span>) OJ C 209, 14.7.2012.