Case C‑222/12

A. Karuse AS

v

Politsei- ja Piirivalveamet

(Request for a preliminary ruling from the Tartu ringkonnakohus)

‛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’

Summary — Judgment of the Court (Sixth Chamber), 13 March 2014

Transport — Road transport — Social provisions — Exceptions — Obligation to install and use a tachograph — Vehicles used in connection with road maintenance — Concept — Vehicles transporting material from the loading site to the road maintenance works site — Included — Conditions — Assessment by the national court

(European Parliament and Council Regulation No 561/2006, Art. 13(1)(h))

The concept of ‘vehicles used in connection with road maintenance’, in Article 13(1)(h) of Regulation No 561/2006 on the harmonisation of certain social legislation relating to road transport, which vehicles can be exempted from the use of a tachograph, must be interpreted as coveringvehicles 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.

(see para. 48, operative part)