OF THE ROAD - IRHA · of asbestos, mixtures containing asbestos and asbestos waste, which collectively are referred to as ‘Asbestos-Containing Materials (ACMs)’. The guide frequently

AIB Road Haulage Event – 28th of JanuaryThe IRHA recently supported our Corporate Partner, AIB, in hosting an information evening entitled ‘All Roads Lead to Success in 2016’ in the Castletroy Hotel, Limerick.The event was very well attended and well received by the large audience with a number of speakers participating, including the guest of honour Mr Michael Noonan TD, the Minister for Finance.Minister Noonan emphasised the critical role that the road transport industry plays in our export led economy. Consequently, Minister Noonan stated that it was very important to support such an important sector of industry and this support was provided by the current government via the diesel rebate scheme and the significant reduction in road tax.Additional speakers on the night included Verona Murphy, President of the IRHA, Oliver Mangan, Chief Economist AIB, Peter Caprani, AON Insurance and Robert Mulhall Managing Director of AIB. A note of thanks to our Corporate Partner AIB for hosting the event and for their unwavering support of the IRHA and therefore the licensed road haulage sector in Ireland.

IN THIS ISSUE...

FEBRUARY2016Issue 18 NEWSLETTEROFTHEIRISHROADHAULAGEASSOCIATION

KOTR is compiled and produced on behalf of the IRHA by Jonathan Molony

KNIGHTSOF THE ROAD

IrishRoadHaulageAssociation,Suite6,GownaPlaza,BracetownBusinessPark,Clonee,Co.Meath Telephone+353 (0)1 801 3380 Fax +353 (0)1 825 3080 Email [email protected] www.irha.ie

• AIBRoadHaulageEvent

• IRHAConference2016

• IRHATollTag

• DieselRebateScheme

• RSA–RoadsideCheckForm

• HGVDriverApprenticeship

• MinimumWageIncrease

• Health&SafetyAuthority

• InternationalOperators

• Germany-MinimumWageRequirement

• VehicleTesting-PeriodofValidityofTestCertificates

• EastLinkTollRebate

• CVRTTestCentres

• IRHAPatron–Rotech

• CabotageintheUK

• BureauVeritas–PremisesInspections

• ClandestineEntrants

• SOLAS

• SkillnetsFundingOpportunity

• IrishFerries-FeedbacktoHead-Office

• TransportofAnimals-ImportantNotice

Lefttoright:KieranMarshall,RobertMulhall,VeronaMurphy,

OliverMangan,PeterCaprani

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KNIGHTS OF THE ROAD ISSUE EIGHTEEN

IRHA Conference 2016The IRHA annual conference will take place on Friday the 15th and Saturday the 16th of April where the event this year will be hosted in the Clayton Whites Hotel, Wexford.We are very pleased to announce that Wright Insurance Brokers are the main weekend sponsors. Wright Insurance Brokers intend to erect a marquee down at the quayside with a welcome evening on Friday the 15th to include a bar, food and an evening of entertainment that will commence at 21:00.In addition, there will be a commercial display of exhibitors down at the quayside for the duration of the event where appropriate security will be in place.Mercedes-Benz Commercial Vehicles will be the main truck sponsor for the weekend along with Somers Commercials Ltd, Camolin, Wexford. Further details to follow.

IRHA Toll TagIn May 2015, the Irish Road Haulage Association launched www.TruckTag.ie as an exclusive IRHA members only toll payment system. Following a successful launch, www.TruckTag.ie is operated for IRHA members by Park Magic, an authorised and well established nationwide toll operator.The key features and benefits of the IRHA ‘Truck Tag’ include; a dedicated IRHA support team; automated Eastlink report generating your rebate documentation in seconds and a mobile application to keep track of toll activity while you are on the move. Further exclusive innovations are in development and will be made available to IRHA ‘Truck Tag’ users as they emerge. Today, ‘Truck Tag’ works on all Irish toll roads and with it the transit is 16% cheaper on the M50. The association has commenced representations to the various toll operators to seek the application of a toll discount for all subscribers to the IRHA toll tag. At the time of going to print, the matter is progressing well and therefore further significant details will be provided in the next edition of this member’s newsletter.In the meantime it is extremely important that members continue to change over from their existing toll tag provider to the IRHA toll tag as the greater number of vehicles utilising our toll tag equates to much greater bargaining power and potential fiscal benefit. Switching to IRHA ‘Truck Tag’ is seamless and you will be supported from start to finish by an experienced customer care team. You can order your new ‘Truck Tag’ on-line at www.TruckTag.ie or by phone - 061 311 422.

Diesel Rebate SchemeThe IRHA recently held a meeting with officials from Revenue & Customs in regard to the diesel rebate scheme the IRHA secured as of July 2013.While the number of rebate claims has been steadily increasing since the introduction of the programme, there is scope for a greater uptake by tax compliant, licensed haulage operators.Members are therefore reminded that if you have not made a diesel rebate claim, via the ROS system, then you should do so at the earliest opportunity. Failure to make a diesel claim is only drawing attention to a particular haulage operator who can be certain that a full Revenue audit will ensue.If you require any advice or assistance in processing your diesel rebate claim, please do not hesitate to contact IRHA head-office.

RSA – Roadside Check FormMembers are advised that at a recent court hearing where a haulage operator was being prosecuted for alleged breach of drivers hours, a defence on behalf of the haulage operator was presented in respect to the validity of the ‘Roadside Check Report’ that was served on the haulage operator. The version of the ‘Roadside Check Report’ was served in the English language only. The Court was consequently referred to the recent High Court decision in: Director of Public Prosecutions -v- Avadenei [2015] IEHC 580, together with further legislative provisions under the 2008 Regulations. It was subsequently accepted by the State that the ‘Roadside Check Report’ should have been served in both an English and Irish language version. All charges against the haulage operator were consequently dismissed by the Court and therefore the State’s position accords with the recent referenced High Court decision. The Avadenei case, essentially decided that (because of the manner in which the particular Road Traffic legislation is drafted), the certificate / form must be in both the English and Irish languages. Although the Avadenei case was a drink driving case, similar principles apply to tachograph regulation cases. The consequence of the referenced High Court decision, together with the way in which the current tachograph regulations are drafted - where a ‘Roadside Check Report’ is served - is that members may now have a strong defence to any prosecution that has been brought against them. Whilst it has been historically very difficult to fully defend tachograph regulation cases, the above defence can be pleaded on a ‘without prejudice’ basis so as to ensure that no disadvantage accrues to a defendant. It is likely that both the Gardaí and the

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RSA will move quickly to bring their standard format ‘Roadside Check Report’ into line with current statutory provisions therefore all cases, where a ‘Roadside Check Report’’ forms part of the legal proofs in the case, should now be examined so as to establish whether this defence is available.

HGV Driver ApprenticeshipMembers are advised that the IRHA is continuing to progress the facilitation of our HGV driver apprenticeship programme that was recently granted by government via the Apprenticeship Council of Ireland. It is our intention to commence our training programme this September providing for approximately thirty places for interested parties. The number of available places will increase significantly after the first semester has been completed as it is expected that numerous Education and Training Boards (ETB) nationwide, in addition to the course hub in Cavan Monaghan ETB, will host the HGV driver apprenticeship also.

“It is our intention to commence our training programme this September”Our HGV driver apprenticeship programme will be accredited by QQI and will therefore provide a recognised platform for students to pursue further education should they wish to do so. Further details will be circulated as soon as they become available

Minimum Wage IncreaseMembers are reminded that an increase in the minimum wage from e8.65 to e9.15 per hour took effect as of the 1st of January 2016.This increase brings the minimum wage in-line with the Low Pay Commissions recommendation to increase the national minimum wage by €0.50 per hour.

Health & Safety AuthorityThe Health & Safety Authority has published revised and updated guidance and information for participants who are involved in the carriage by road of asbestos, mixtures containing asbestos and asbestos waste, which collectively are referred to as ‘Asbestos-Containing Materials (ACMs)’.The guide frequently refers to, and should thus be used in conjunction with the HSA ADR Guide for Business, which was published in 2012 and provides

general guidance in relation to the carriage of dangerous goods.

International OperatorsRoad User Charge - Belgium: As of the 1st of April 2016, Belgium will introduce a pay-per-kilometre road user charge to replace its current Eurovignette system.The kilometre charge will apply to vehicles over 3.5 tonne used for the carriage of goods and further details can be sourced from IRHA head-office.Driving Restrictions: A number of revised driving restrictions applicable in 2016 have been made available for numerous Member States. At the present time, the following revised and up-to-date reference is available by contacting IRHA head-office.Austria, Belgium, Bulgaria, Croatia, Czech Republic, Germany, Denmark, France, Switzerland, Poland, Hungary, Slovenia, Luxemburg, Romania, Poland, Greece, Italy, Spain, Turkey, UKRussia / Turkey Economic Sanctions: Following an increase in political tension between Russia and Turkey, the Russian President Vladimir Putin has issued a decree announcing the application of special economic measures against Turkey.These measures include:1. A ban on the importation into Russia of certain

goods originating in or being exported from the Turkish Republic (regardless of the origin of the carrier - except for goods being imported for personal use).

The list of banned products includes: • Frozen whole chickens and chicken pieces; • Frozen whole turkeys and turkey pieces; • Carnation flowers; • Tomatoes - fresh and chilled; • Onions and shallots - fresh and chilled; • Cauliflower and broccoli - fresh and chilled; • Cucumbers and gherkins - fresh and chilled; • Oranges - fresh and sundried; • Mandarins, tangerines and similar hybrids -

fresh and sundried; • Grapes - fresh; • Apples - fresh; • Peas - fresh; • Apricots - fresh; • Peaches and nectarines; • Plums - fresh; • Strawberries, farmed and wild - fresh; • Salt and Sodium Chloride (NaCl).

1. Head-office has been informed that onerous and lengthy checking procedures have already been put in place at some Russian border-crossing points.

2. The visa waiver arrangements that had been in place for travel between Russia and Turkey has

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been suspended by Russia as of 1 January 2016. 3. The Ministry of Transport of the Russian

Federation will reduce the number of Russian permits being issued to Turkish carriers to 2,000 per year.

Germany - Minimum Wage RequirementFurther to numerous notes provided to members following the introduction of a national minimum wage in Germany, it is important to highlight that while the infringement case between the EC and Germany is on-going, the pending procedure does not suspend the obligations in relation to the minimum wage law and it remains in force.In order to avoid any inconvenience, the IRHA advises that road haulage operators continue to meet the legal requirements as they currently stand. If members wish to adopt an alternative strategy and not submit the necessary documentation it is entirely at your own discretion. Furthermore, members must inform the German authorities of any new drivers that are being added to the submission.The latest information received from the European Commission states that it continues to be concerned with the ‘disproportionately burdensome’ control practises’.

Vehicle Testing - Period of Validity of Test CertificatesThe IRHA recently met with the Road Safety Authority to make further representation and ultimately to obtain feedback as to where the on-going matter of the period of validity of test certificates currently stands.

“the IRHA remains vehemently opposed to test certificates being granted for any period less than twelve months” As stated during the RSA consultation process in 2011 prior to the introduction of the revised testing regime and upon its introduction, the IRHA remains vehemently opposed to test certificates being granted for any period less than twelve months from the date of the test. Such an approach to commercial vehicle testing is not mirrored in any other Member State. The association remains firmly of the position that where a commercial vehicle undergoes its roadworthiness test, that test certificate must be valid for twelve months from the date of the test. This approach is echoed by our nearest competitors in Northern Ireland and the UK where it is also worth noting that commercial vehicle test fees are much

less than in Ireland. In response to the concerns raised by the IRHA, the RSA duly conducted a review of the revised testing regime which we understand is due to be shortly completed. It is therefore expected that the RSA will be making recommendations to the Department of Transport in the coming weeks. Thereafter it will be up to the Minister and the Department to decide on making any changes to the commercial vehicle testing regime. While the IRHA appreciates that this subject matter has been slow to progress, we do expect decisions to be forthcoming from the department very shortly. Members will be informed of further developments on this subject matter as soon as possible.

East Link Toll RebateIRHA head-office is aware of some elements of misinformation that are circulating in respect to the provision of a toll rebate on the East Link toll bridge for five and six axle vehicles during the hours of the Dublin city centre cordon. In particular there were concerns that the toll rebate would be withdrawn as of 2016.It is therefore important to clarify that this is not the case, the toll rebate for five and six axle vehicles during the cordon hours will remain with a couple of slight changes; please note the following:

1. The current arrangement for how haulage operators apply for their rebates for any allowable toll charges in 2015 will cease at the end of 2016. All claims for any toll charges incurred in 2015 must be submitted by end of February to allow payment to be made

2. In 2016, haulage operators will still be able to claim the toll rebate but the format of the claim may change slightly under the new arrangement.

It is hoped at some point in 2016 to move towards an electronic system for the toll rebate that would ease the administrative burden dramatically. Further information on how to claim your Eastlink toll rebate can be sourced from IRHA head-office.

CVRT Test CentresMembers have on numerous occasion’s submitted information to head-office in respect to their experience with vehicle testing and specifically the testing of vehicle brakes as part of a CVRT.We are aware that there are discrepancies and therefore, in some instances, differing interpretations of reasons for failure for a vehicle brake test.The RSA has advised the association that if any member wishes to notify the RSA of an unsatisfactory failure due to the vehicle brakes, an



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RSA officer can be dispatched to the relevant test centre to investigate the matter. However, this must all be availed of in real-time and therefore if you wish to avail of this option it must be done immediately upon failure.The relevant contact within the RSA in respect to this matter is Liam Duggan and Liam can be contacted on 091 872 632.

IRHA Patron – RotechDo you monitor your Diesel output?Do you know who is dispensing from your pump?Do you know how much diesel your Truck is consuming?If you answered no to any of the above maybe you should consider contacting Rotech – a Patron of the IRHA.Rotech is Irelands leading supplier of fuel management systems and pumping equipment for the haulage sector. With over 30 year’s experience, they have provided service and support for small to large fleet owners. Rotech can install the most up-to-date fuel pumps with management software to allow you to monitor vehicle and driver use throughout the year. Rotech also offer other services including; AdBlue, oil and grease pumping equipment as well as a garage fit out service. For more information contact JW Rowe; mobile – 0863846666 email - [email protected] website - www.rotech.ie

Bureau Veritas – Premises InspectionsA number of members have sought clarity from head-office following receipt of correspondence from Bureau Veritas by way of notification of a premises inspection. Within that correspondence it refers to specific documentation that will be required for inspection where it generally states: ‘details of training provided to drivers for carrying out walk-around checks and reporting of vehicle defects’. Within that correspondence it also refers to the qualifications of the personnel responsible for carrying out maintenance of vehicles. In the event that vehicle maintenance is carried out for you by a third party or parties: a) contact details of service provider b) the contract or agreement in place c) order for maintenance work that you have placed d) invoices for work carried out by your third party’. In order to avoid any ambiguity, the official position in respect to the points raised are as follows: ‘Training’ relates to any training provided to drivers for carrying out walk-around checks and for the reporting of defects. The driver CPC is recognised as

training, however it is important that operators ensure their staff are adequately trained to conduct walk-around checks on vehicles particular to their business and are aware of the reporting procedure in place. Regulation 8(4) of SI 348 of 2013 sets out the requirement for training in respect of walk-around checks as follows: “The owner of a vehicle or combination of vehicles shall ensure that any person who may be required to drive a vehicle or combination of vehicles is trained to conduct an inspection of the vehicle in accordance with paragraph (2).” A ‘Suitably Qualified Person’ is a nominated person given responsibility for carrying out inspection and maintenance of vehicles and any repairs which are required to rectify defects on vehicles and trailers. This person is normally a mechanic or equivalent person with the relevant experience and/or qualification to enable them to assess the roadworthiness of a vehicle and carry out the necessary repairs. Therefore, the operator needs to be able to show that the person is suitably qualified either through qualifications or experience.

Cabotage in the UKThe UK authorities (DVSA) intend to impound the vehicles of operators who continue to breach EC Regulations 1072/2009 and 106/1992. Should a vehicle be impounded, a notification will be sent to the operator and the registered owner of the goods vehicle concerned. The impounding will be publicised in the London Gazette which is available on-line.From the receipt of the notification of impounding, the operator will have 21 days to appeal to the Traffic Commissioner within the area where the impounding took place.Should such a vehicle be operating on a finance agreement, with a lease agreement or on hire, i.e. it is not owned by the operator, then the operating company will have no right of appeal against the impounding.The DVSA is usually unaware of the finance agreements, lease agreements or hire contracts in place when a vehicle is impounded. It is therefore imperative that the vehicle’s operator should notify the company that has a financial interest in the vehicle at the earliest opportunity. This will allow it to appeal to the Traffic Commissioner in a timely manner.The contact details of the Traffic Commissioner concerned are included in the impounding announcement on the London Gazette and in the correspondence sent to the vehicle operator following the impounding. Legal representation at the appeal hearing will be at the request of the company lodging the appeal.



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Clandestine EntrantsThe IRHA has been very active in making representations at both national and European level in respect to the safety threat posed to our HGV drivers and their cargo when transiting the Port of Calais. Given our various elements of concern have been raised on numerous occasions through the national media outlets, I will not reiterate all of the respective points. Going forward, members are advised that we are continuing to engage with our Department of Transport and their counterparts in the UK. While it was previously expected that the association would be meeting with UK Border Force officials on the 18th of January, this meeting was deferred due to difficulties on the UK BF side and we are currently awaiting a revised date for that meeting. In the meantime it is very important that members utilise the vehicle security checklists that are available from UK Border force. The IRHA also strongly recommends that members register with UK Border Force for their civil penalty accreditation scheme. It is important that members, where possible, mitigate for the given circumstances and seeking accreditation with UK BF would greatly assist your efforts. Further information on UK BF accreditation can be sourced from head-office and if you have any arising questions please do not hesitate to revert.Finally, members are advised to utilise an incident reporting line that has been established by our partners, the Road Haulage Association in the UK, where your driver has fallen victim to a migrant attack; the contact number is (+44) 1274 863111. It is important that such attacks are catalogued.

SOLASMembers were previously informed that in May 2014, the Maritime Safety Committee considered the proposal by the Sub-Committee on Dangerous Goods, Solid Cargoes and Containers and subsequently approved the Guidelines regarding the verified gross mass of a container carrying cargo. The Guidelines are intended to establish a common approach for the implementation and enforcement of the International Convention for the Safety of Life at Sea (SOLAS) requirements regarding the verification of the gross mass of packed containers. The Guidelines precisely specify that the responsibility for obtaining and documenting the verified gross mass of a packed container lies with the shipper (consignor). SOLAS regulations prescribe two methods by which the shipper may obtain the verified gross mass of a packed container: 1. Upon the conclusion of packing and sealing a

container, the shipper may weigh, or arrange that a third party weighs, the packed container; and

2. The shipper (or, by arrangement of the shipper, a third party), may weigh all packages and cargo items.

SOLAS regulations require the shipper to verify the gross mass of the packed container using Method No.1 or Method No.2 and to communicate the verified gross mass in a shipping document. Members are notified that the SOLAS requirements will take effect as of the 1st of July 2016. A FAQ document has been made available in order to seek to clarify various points relating to this agreement and a copy of the document is available from IRHA head-office.

IRHA Cyclist StickerMembersareadvisedthattheassociationhasavailablecycliststickerscreatingawarenessofpassingaHGVontheinside.Thestickersareofahighprintqualityandthereforeshouldmaintaintheirfinishlongaftertheyareaffixedtothebackofavehicle.ThereisnochargetomembersforobtainingthesestickersandifyouwishtoobtainaquantitypleasecontactIRHAhead-office.

Skillnets Funding OpportunityMembers are advised that there is currently funding available to companies involved in the freight transport, distribution and logistics sector (FTDL) that wish to invest in and develop the skills of management and staff. In 2015, the Expert Group on Future Skills Needs reported on opportunities for skills development within the FTDL where the report refers to key sectoral associations including the IRHA. Funding will be available subject to a competitive application process. While the type of training provided is determined by companies themselves, one of the few stipulations is that the training provided by a participating company is not a mandatory requirement. The deadline for submitting applications is the 15th March 2016 and please note that all of the documents relating to the call can be found at www.skillnets.ie. If you have any related queries on this opportunity, please do not hesitate to contact Dave Flynn of Skillnets on 01 207 9630 / 086 606 9622.

Irish Ferries - Feedback to Head-OfficeIf there are any members who availed of the Irish Ferries Cherbourg to Dublin service on the 7th of February (arriving in Dublin on the 9th of February) and suffered any damage to vehicle, trailers or cargo during the crossing, please let head-office know of your experience.This is an important matter, therefore please provide relevant feedback if you were affected on this crossing.



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Calais

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Transport of Animals - Important NoticeOne of the major threats to animal welfare during transport (especially during the summer months) is exposure to high temperatures and humidity. Although relatively unusual within Ireland, this is a very real threat in warmer parts of the European Union and beyond. Failure on the part of transporters, when planning journeys, to take account of high temperatures en-route and to have adequate contingency plans could contribute to potentially serious problems for the welfare of the animals being transported.Transporters should be aware that ambient temperatures in Southern Italy and Greece and other countries exceed 30° C on a regular basis. As animals generate heat, the internal temperatures (in a naturally ventilated vehicle) will be, at least, 5° C warmer than outside. It is therefore likely that temperatures / humidity combinations that will compromise animal welfare will be encountered over the summer months.The legal position is that Council Regulation (EC) No 1/2005 on the protection of animals during transport and related operations sets a maximum temperature inside animal compartments of 35°C.During the months of July and August 2015, as in previous years, Department Veterinary Inspectors must not endorse route plans for consignments travelling by truck to Greece or North Africa, due to high temperatures, humidity and the length of the journey involved. Proposed long journeys during July and August to other destinations likely to encounter very high temperatures/humidity will be examined on a case by case basis. This ban will be reviewed in September when more favourable conditions are likely to prevail. Failure to observe these guidelines may result in further action being taken by the Department of Agriculture, Fisheries and Food. Further details on this matter can be sourced from IRHA head-office.

Krone shows a new dry freight box trailer at the Wexford conference.Krone Trailers’ new Dry Liner,launched in Ireland and the UK last year, will be on display at the IRHA AGM on the 15th/ 16th April in Wexford. It is already establishing

a reputation as a premium quality, code XL certified trailer which not only sets a new standard in loading flexibility but also promises to add bottom line value throughout its working life. Manufactured in Herzlake, Germany, the Dry Liner is designed to work in the Irish, UK and European markets: When specified with a 1200 mm fifth wheel height, the dry Liner can be used at 1250 mm ride height in the Ireland and the UK - giving an external height of 4100 mm. It can also be used at 1150 mm ride height for European operations - giving an external height of 4000 mm.An impressive, yet standard, UK internal height of 2700mm (8ft 10 inches) is achieved.“We are excited about the new Dry Liner” comments Krone Sales Manager for Ireland, Jon Wilcock. “This is a fantastic addition to the market. Structural bodywork certification (EN12642 Code XL) allows operators to form-fit loads which is key to maintaining fast, efficient and compliant strapless loading. Code EN12642 Code XL is a critical requirement to ensure the long term operational acceptance of today’s trailers and hence Krone offers this as standard.”Krone is also bringing many of its proven benefits to the Dry Liner, including its KTL and powder-coating finish with a 10 year anti corrosion warranty to all treated parts. Container-type flush doors provide both high security and clean, even surfaces which are ideal for livery application.“Furthermore” adds Jon, “low cost of ownership over the long term is a key benefit: high quality components, on-line parts availability and round-the-clock support are also standard with Krone. In addition, due to the trailer’s mainland European compliance and exportability the residual value remains high, all of which makes the Dry Liner a great choice.”



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Telephone: 051-348331 Mobiles: 087-9533318 & 083-1988065

Email: [email protected] Website: www.eurotachographsolutions.ie

TRADE IN DIGIFOBPRO FOR DIGIPOSTPRO Euro Tachograph Solutions 2016 offer

Trade in your Stoneridge DigiFobPro for up to €150 All cables and discs must be returned in order to avail of this offer

Trade in price varies on device condition

Upgrade to a Stoneridge DigiPostPro for €800 less trade-in value

Data Sim card for DigiPostPro available from us at €7 per month

Tel: 051-348331 Mob: 087-9533318 & 083-1988065

Email: [email protected]

KOTR Feb'16.indd 7 19/02/2016 09:03

www.irha.ie


IrishRoadHaulageAssociation,Suite6,GownaPlaza,BracetownBusinessPark,Clonee,Co.MeathTelephone+353 (0)1 801 3380 Fax +353 (0)1 825 3080 Email [email protected] www.irha.ie


IRHACorporatePartners

KOTR Feb'16.indd 8 19/02/2016 09:04

Documents

OF THE ROAD - IRHA · of asbestos, mixtures containing asbestos and asbestos waste, which collectively are referred to as ‘Asbestos-Containing Materials (ACMs)’. The guide frequently