§ Mr. Newensasked the Secretary of State for Transport if he will take steps to exempt minibuses with over 10 permanent seats owned by local education authorities and 39W used for educational trips or visits to Europe from European Economic Community tachograph regulations; and if he will make a statement.
§ Mr. Kenneth Clarke[pursuant to his reply, 17 July 1981.]: There is no specific exemption for educational vehicles from the tachograph or drivers' hours regulations. My right hon. Friend has no further power to exempt classes of vehicles from them. However, it is strongly arguable that the regulations do not apply to privately owned and driven vehicles. It is very unlikely that any such vehicle would be prosecuted in this country or that any attempted prosecution would be successful. It is for the courts to interpret the law in any borderline case, however, and I cannot bind the prosecuting authorities or the courts in this or any other EEC country. I understand that the European Commission may shortly be undertaking a review of these regulations and Her Majesty's Government will continue to press for clarification of their terms.