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The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2022, ISBN 9780348231434

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This draft Statutory Instrument supersedes the draft of the same title which was laid before Parliament and published on 11th January 2022 (ISBN 978-0-348-23098-7). It is being issued free of charge to all known recipients of that draft Statutory Instrument.

Draft Regulations laid before Parliament under paragraphs 6(1) and 34(1) to (3) of Schedule 5 to the European Union (Future Relationship) Act 2020 for approval by resolution of each House of Parliament.

Road Traffic

Trade

Made 2022

Coming into force in accordance with regulation 2

The Secretary of State makes the following Regulations in exercise of the powers conferred by—

(a)

in relation to regulations 1, 2(1) and 3(1) and (2) and Part 8, sections 45(1) and 57(1) of the Goods Vehicles (Licensing of Operators) Act 1995f1;

(b)

in relation to regulations 1, 2(1) and 3(1) and Part 4, section 8(1) of the European Union (Withdrawal) Act 2018f2; and

(c)

in relation to Parts 1, 2, 3, 5, 6, 7 and 9 to 14, section 31(1) of the European Union (Future Relationship) Act 2020f3.

In relation to the provision made under the Goods Vehicles (Licensing of Operators) Act 1995, in accordance with section 57(12) of that Act, the Secretary of State has consulted with such representative organisations as the Secretary of State thinks fit.

A draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament in accordance with paragraphs 6(1) and 34(1) to (3) of Schedule 5 to the European Union (Future Relationship) Act 2020.

Annotations to the whole text

Footnotes

f1

1995 c. 23.

f2

2018 c. 16. Section 8 was amended by section 27 of the European Union (Withdrawal Agreement) Act 2020 (c. 1).

f3

2020 c. 29.

Contents

  1. Part 1: Preliminary provisions
  2. 1Citation
  3. 2Commencement
  4. 3Extent
  5. Part 2: Amendment of Regulation (EC) No 1071/2009
  6. 4Amendment of Regulation (EC) No 1071/2009
  7. 5Amendment of Article 1 (subject matter and scope)
  8. 6Amendment of Article 2 (definitions)
  9. 7Amendment of Article 4 (transport manager)
  10. 8Amendment of Article 5 (conditions relating to the requirement of establishment)
  11. 9Amendment of Article 7 (conditions relating to the requirement of financial standing)
  12. 10Amendment of Article 8 (conditions relating to the requirement of professional competence)
  13. 11Amendment of Article 11 (examination and registration of applications)
  14. Part 3: Amendment of Regulation (EC) No 1072/2009
  15. 12Amendment of Regulation (EC) No 1072/2009
  16. 13Amendment of Article 1 (scope)
  17. 14Amendment of Article 8 (general principle)
  18. Part 4: Amendment of the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019
  19. 15Amendment of the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019
  20. 16Amendment of regulation 1 (citation, commencement and extent)
  21. Part 5: Amendment of the Road Transport Operator Regulations 2011
  22. 17Amendment of the Road Transport Operator Regulations 2011
  23. 18Amendment of regulation 1 (citation, commencement and extent)
  24. 19Omission of regulation 4 (competent authorities etc.)
  25. 20Amendment of regulation 5 (authorisations to pursue or engage in the occupation of road transport operator)
  26. 21Amendment of regulation 6 (notification of changes to data)
  27. 22Amendment of regulation 9 (review)
  28. Part 6: Amendment of the Goods Vehicles (Licensing of Operators) Act 1995
  29. 23Amendment of the Goods Vehicles (Licensing of Operators) Act 1995
  30. 24Amendment of section 2 (obligation to hold operator’s licence)
  31. 25Amendment of section 3A (temporary exemptions for international operators)
  32. 26Amendment of section 5 (vehicles authorised to be used under operator’s licence)
  33. 27Amendment of section 7 (operating centres to be specified in operators’ licences)
  34. 28Amendment of section 8 (applications for operators’ licences)
  35. 29Amendment of section 11 (publication in locality affected of notice of application for licence)
  36. 30Amendment of section 12 (objections to and representations against, issue of operators’ licences)
  37. 31Amendment of section 13 (determination of applications for operators’ licences)
  38. 32Amendment of section 13A (requirements for standard licences)
  39. 33Amendment of section 13C (requirements for standard and restricted licences)
  40. 34Amendment of section 14 (determinations where objections etc are made on environmental grounds)
  41. 35Amendment of section 15 (issue of operators’ licences)
  42. 36Amendment of section 17 (variation of operators’ licences)
  43. 37Amendment of section 18 (publication of notice of applications for variation in any locality affected)
  44. 38Amendment of section 19 (objection to and refusal of, applications to vary operators’ licences on environmental grounds)
  45. 39Amendment of section 21 (conditions for securing road safety)
  46. 40Amendment of section 22 (conditions as to matters required to be notified to traffic commissioner)
  47. 41Amendment of section 23 (conditions as to use of operating centres)
  48. 42Amendment of section 26 (revocation, suspension and curtailment of operators’ licences)
  49. 43Amendment of section 27 (revocation of standard licences)
  50. 44Amendment of section 30 (periods of review for operating centres)
  51. 45Amendment of section 31 (power to remove operating centres on review)
  52. 46Amendment of section 32 (power to attach conditions on review)
  53. 47Amendment of section 33 (transfer of operating centres)
  54. 48Amendment of section 34 (determinations as to environmental matters)
  55. 49Amendment of section 46 (holding companies and subsidiaries)
  56. 50Amendment of section 49 (certificates of qualification)
  57. 51Insertion of section 56A (traffic commissioner may have regard to international obligations)
  58. 52Amendment of section 58 (general interpretation)
  59. 53Amendment of Schedule 1 (meaning of “small goods vehicle”)
  60. 54Amendment of Schedule 3 (qualifications for standard licence)
  61. 55Amendment of Schedule 4 (transfer of operating centres)
  62. 56Amendment of Schedule 6 (transitional provisions, transitory modifications and savings)
  63. Part 7: Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995
  64. 57Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995
  65. 58Amendment of regulation 3 (interpretation)
  66. 59Amendment of regulation 14 (conditions which may be attached to a licence)
  67. 60Amendment of regulation 15 (considerations relevant to determinations)
  68. 61Amendment of regulation 19 (manner of making representations in relation to a review)
  69. 62Amendment of regulation 29 (partnerships)
  70. 63Amendment of regulation 30 (holding companies and subsidiaries)
  71. 64Amendment of Schedule 1 (notice of application for a licence or a variation of a licence)
  72. 65Amendment of Schedule 3 (classes of vehicles for which a licence is not required)
  73. Part 8: Amendment of the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995
  74. 66Amendment of the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995
  75. 67Amendment of regulation 2 (interpretation)
  76. 68Amendment of regulation 3 (fees)
  77. Part 9: Amendment of the Goods Vehicles (Community Licences) Regulations 2011
  78. 69Amendment of the Goods Vehicles (Community Licences) Regulations 2011
  79. 70Amendment of regulation 3 (purpose and interpretation)
  80. 71Omission of regulation 5 (competent authorities)
  81. 72Amendment of regulation 17 (review)
  82. Part 10: Amendment of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010
  83. 73Amendment of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010
  84. 74Amendment of section 1 (operators’ licences)
  85. 75Amendment of section 2A (temporary exemptions for international operators)
  86. 76Amendment of section 4 (vehicles authorised to be used under operator’s licence)
  87. 77Amendment of section 6 (operating centres to be specified in operators’ licences)
  88. 78Amendment of section 7 (application for operators’ licences)
  89. 79Amendment of section 10 (publication in locality affected of notice of application for licence)
  90. 80Amendment of section 11 (objections to and representations against, issue of operators’ licences)
  91. 81Amendment of section 12 (determination of applications for operators’ licences)
  92. 82Amendment of section 12A (requirements for standard licences)
  93. 83Amendment of section 12C (requirements for standard and restricted licences)
  94. 84Amendment of section 12E (professional competence for restricted licence holders)
  95. 85Amendment of section 13 (determination where objections etc are made on environmental grounds)
  96. 86Amendment of section 14 (issue of operators’ licences)
  97. 87Amendment of section 16 (variation of operators’ licences)
  98. 88Amendment of section 17 (publication of notice of applications for variation in any locality affected)
  99. 89Amendment of section 18 (objection to and refusal of, applications to vary operators’ licences on environmental grounds)
  100. 90Amendment of section 20 (conditions of licences)
  101. 91Amendment of section 23 (revocation, suspension and curtailment of operators’ licences)
  102. 92Amendment of section 24 (revocation of standard licences)
  103. 93Amendment of section 27 (periods of review for operating centres)
  104. 94Amendment of section 28 (power to remove operating centres on review)
  105. 95Amendment of section 29 (power to attach conditions on review)
  106. 96Amendment of section 30 (transfer of operating centres)
  107. 97Amendment of section 31 (determinations as to environmental matters)
  108. 98Amendment of section 49 (certificates of qualification)
  109. 99Amendment of section 58 (general interpretation)
  110. 100Insertion of section 59A (transitional provisions)
  111. 101Amendment of Schedule 1 (transfer of operating centres)
  112. 102Insertion of Schedule 5 (transitional provisions)
  113. Part 11: Amendment of the Goods Vehicles (Licensing of Operators) (Exemption) Regulations (Northern Ireland) 2012
  114. 103Amendment of the Goods Vehicles (Licensing of Operators) (Exemption) Regulations (Northern Ireland) 2012
  115. 104Amendment of regulation 2 (interpretation)
  116. 105Amendment of regulation 3 (small goods vehicle)
  117. 106Amendment of the Schedule (use of vehicle of any class for which an operator’s licence is not required)
  118. Part 12: Amendment of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012
  119. 107Amendment of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012
  120. 108Insertion of heading to Part 1
  121. 109Amendment of regulation 1 (citation, commencement and interpretation)
  122. 110Insertion of regulation 1A (transitional provisions)
  123. 111Omission of regulations 2 to 4 (provisions relating to Regulation (EC) No 1071/2009)
  124. 112Insertion of heading to Part 2 and regulation 4A (determination of effective and stable establishment in Northern Ireland)
  125. 113Amendment of regulation 5 (good repute)
  126. 114Amendment of regulation 9 (further provisions for the purposes of regulations 5 to 8)
  127. 115Insertion of regulation 9A (determination of appropriate financial standing)
  128. 116Omission of regulation 10 (professional competence)
  129. 117Amendment of regulation 11
  130. 118Omission of regulations 12 and 13 (redundant provisions)
  131. 119Insertion of regulation 13A (requirements for transport manager)
  132. 120Amendment of regulation 15 (determinations in respect of transport managers)
  133. 121Amendment of regulation 16 (transport managers: cancellation or variation of disqualification order)
  134. 122Insertion of heading to Part 3
  135. 123Insertion of the Schedule (transitional provisions)
  136. Part 13: Amendment of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012
  137. 124Amendment of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012
  138. 125Amendment of regulation 2 (interpretation)
  139. 126Amendment of regulation 3 (manner of making applications)
  140. 127Amendment of regulation 13 (conditions which may be attached to a licence)
  141. 128Amendment of regulation 14 (considerations relevant to determinations)
  142. 129Amendment of regulation 27 (partnerships)
  143. 130Amendment of regulation 28 (holding companies and subsidiaries)
  144. 131Amendment of Schedule 2 (notice of application for a licence or a variation of a licence)
  145. 132Amendment of Schedule 3 (inquiries)
  146. Part 14: Amendment of the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013
  147. 133Amendment of the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013
  148. 134Omission of regulation 4 (competent authority)
  149. 135Amendment of regulation 5 (issue of a UK licence for the Community and driver attestation)
  150. Signature
  151. Explanatory note