{
  "url": "https://openlegislation.uk/draft-goods-vehicles-licensing-of-operators-amendment-regulations-2022/note",
  "json_url": "https://openlegislation.uk/draft-goods-vehicles-licensing-of-operators-amendment-regulations-2022/note.json",
  "legislation": "ukdsi/2022/9780348231434",
  "legislation_title": "The Goods Vehicles (Licensing of Operators) (Amendment) Regulations 2022",
  "legislation_url": "https://openlegislation.uk/draft-goods-vehicles-licensing-of-operators-amendment-regulations-2022",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of these Regulations)\nThese Regulations amend laws of England and Wales and Scotland and of Northern Ireland that regulate the use of a goods vehicle on a road for the carriage of goods.\nThe amendments are necessary to meet obligations of the United Kingdom under Title I of Heading Three of Part Two of the Trade and Cooperation Agreement between the United Kingdom of Great Britain and Northern Ireland, of the one part and the European Union and the European Atomic Energy Community, of the other part (Treaty Series No. 8 (2021); “the TCA”).\nOverview\nThe TCA obliges the United Kingdom, from 21st May 2022, to license a person who carries goods to the European Union for hire or reward using a goods vehicle exceeding 2.5 tonnes in mass when laden. Presently, under both the laws of England and Wales and Scotland and of Northern Ireland, a person is required to hold a licence for such a carriage only if the goods vehicle exceeds 3.5 tonnes in mass when laden.\nUnder the current laws, there are three types of “operator’s licence” that may be issued: restricted, standard-national and standard-international.\nTable 1: Operator’s licences that may be issued before amendments\nName\nOperator’s licence\nType\nRestricted\nStandard-national\nStandard-international\nThe principal effect of these Regulations is to allow for the same three types of operator’s licence to be issued, but in one of two categories. If an operator’s licence (of any type) authorises the use of one or more heavy goods vehicles, then it is a heavy goods vehicle licence (whether or not it also authorises the use of one or more light goods vehicles). If an operator’s licence authorises the use of one or more light goods vehicles, but no heavy goods vehicle, then it is a light goods vehicle licence.\nThe amendments define a “heavy goods vehicle” as a goods vehicle exceeding 3.5 tonnes when laden and a “light goods vehicle” as a goods vehicle not exceeding 3.5 tonnes when laden.\nTable 2: Operator’s licences that may be issued after amendments\nName\nOperator’s licence\nCategory\nHeavy goods vehicle licence\nLight goods vehicle licence\nType\nRestricted\nRestricted\nStandard-national\nStandard-national\nStandard-international\nStandard-international\nAfter the commencement of the Regulations, a pre-existing operator’s licence becomes a heavy goods vehicle licence and may be varied (on application) to authorise one or more light goods vehicles, for example, if it does not already authorise a sufficient number of goods vehicles.\nA light goods vehicle licence is available to any person who uses only light goods vehicles for the carriage of goods. A standard-international light goods vehicle licence is sufficient for a person who is obligated after 11 p.m. on 20th May 2022 to hold an operator’s licence to use a light goods vehicle for the carriage of goods for hire or reward outside the United Kingdom. No person is obligated to hold a light goods vehicle licence (of any type) for any other reason.\nThese Regulations amend the laws referred to below also to implement further licensing obligations under the TCA, to consolidate laws, and to omit redundant provisions.\nPart 2: Amendment of Regulation (EC) No 1071/2009\nPart 2 amends Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (EUR 2009/1071; “EUR 2009/1071”).\nThe amendments are consequential on the amendments made to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) by Part 6, the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2 (N.I.)) by Part 10 and the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.I. 2012/257 (N.I.)) by Part 12.\nPart 3: Amendment of Regulation (EC) No 1072/2009\nPart 3 amends Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (EUR 2009/1072; “EUR 2009/1072”).\nThe amendment to Article 1 of EUR 2009/1072, which comes into force at 11 p.m. on 20th May 2022, implements Article 463(1) to (3) of the TCA.\nArticle 463(1) to (3) obligates the United Kingdom to require a driver of a vehicle exceeding 2.5 tonnes when laden that is being used in the United Kingdom for hire or reward as part of an international carriage of goods to carry a UK Licence for the Community or a Community licence.\nThe amendment to Article 8 clarifies that a driver who works for a holder of a Community licence, but who is not a national of the United Kingdom or a member State, must hold an EU driver attestation.\nThe terms “vehicle”, “driver”, “international carriage”, “UK Licence for the Community”, “Community licence” and “EU driver attestation” are defined in Article 2 of EUR 2009/1072.\nPart 4: Amendment of the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019\nPart 4 amends the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708) to remedy its extent provision.\nThe effect of Part 4 is that amendments to a law of England and Wales and Scotland cease to extend to Northern Ireland and amendments to a law of Northern Ireland cease to extend to England and Wales and Scotland.\nPart 5: Amendment of the Road Transport Operator Regulations 2011\nPart 5 amends the Road Transport Operator Regulations 2011 (S.I. 2011/2632).\nThe amendments omit provisions that are redundant following amendments to EUR 2009/1071 made by the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708) and Part 2 of these Regulations.\nPart 6: Amendment of the Goods Vehicles (Licensing of Operators) Act 1995\nPart 6 amends the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23); “the 1995 Act”).\nIn summary, the amendments:\nimplement Article 464(d) of the TCA, with the effect that, under the law of England and Wales and Scotland, only the holder of a standard-international operator’s licence may, at or after 11 p.m. on 21st May 2022, carry goods outside the United Kingdom for hire or reward using a goods vehicle that has a maximum laden weight exceeding 2.5 tonnes;\nfunctionally separate operator’s licences into “heavy goods vehicle licence” and “light goods vehicle licence” categories;\nprovide discretion for a traffic commissioner to have regard to the obligations of the United Kingdom under the TCA in exercising any relevant functions under the 1995 Act;\nimplement the obligations under Article 5(b) and (c) of Section 1 of Part A of Annex 31 to the TCA by making it an explicit requirement of a standard licence that its holder is subject to tax on revenues, has a value added tax number and, if a company, is a registered company;\nre-implement obligations under Articles 459 to 464 of, and Section 1 of Part A of Annex 31 to, the TCA to consolidate parallel provisions in EUR 2009/1071;\nprovide for pre-existing operators’ licences to be treated as heavy goods vehicle licences;\nallow an operator requiring a light goods vehicle licence to apply to the Secretary of State for a time-limited exemption from the requirement for an individual to be professionally competent if the individual has significant prior experience managing the use of light goods vehicles.\nThe terms “operator’s licence”, “goods vehicle”, “maximum laden weight”, “heavy goods vehicle licence”, “light goods vehicle licence”, “traffic commissioner” and “standard licence” are defined in section 58(1) of the 1995 Act (as amended by these Regulations).\nPart 7: Amendment of the Goods Vehicles (Licensing of Operators) Regulations 1995\nPart 7 amends the Goods Vehicles (Licensing of Operators) Regulations 1995 (S.I. 1995/2869).\nThe amendments are consequential on the amendments made to the 1995 Act by Part 6.\nPart 8: Amendment of the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995\nPart 8 amends the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (S.I. 1995/3000).\nThe amendments ensure the existing fees framework applies to the issuing of an operator’s licence under which the use of a light goods vehicles is authorised.\nPart 9: Amendment of the Goods Vehicles (Community Licences) Regulations 2011\nPart 9 amends the Goods Vehicles (Community Licences) Regulations 2011 (S.I. 2011/2633).\nThe amendments are consequential on the amendments to EUR 2009/1071 made by the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019.\nPart 10: Amendment of the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010\nPart 10 amends the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2 (N.I.); “the 2010 Act”).\nIn summary, the amendments:\nimplement Article 464(d) of the TCA, with the effect that, under the law of Northern Ireland, only the holder of a standard-international operator’s licence may, at or after 11 p.m. on 21st May 2022, carry goods outside the United Kingdom for hire or reward using a goods vehicle that has a relevant plated weight exceeding 2.5 tonnes, but does not form part of a vehicle combination;\nfunctionally separate operator’s licences into “heavy goods vehicle licence” and “light goods vehicle licence” categories;\nre-implement obligations under Articles 459 to 464 of, and Section 1 of Part A of Annex 31 to, the TCA to consolidate parallel provisions in EUR 2009/1071;\nprovide for pre-existing operators’ licences to be treated as heavy goods vehicle licences.\nThe terms “operator’s licence”, “goods vehicle”, “relevant plated weight”, “vehicle combination”, “heavy goods vehicle licence” and “light goods vehicle licence” are defined in section 58(1) of the 2010 Act (as amended by these Regulations).\nPart 11: Amendment of the Goods Vehicles (Licensing of Operators) (Exemption) Regulations (Northern Ireland) 2012\nPart 11 amends the Goods Vehicles (Licensing of Operators) (Exemption) Regulations (Northern Ireland) 2012 (S.I. 2012/256 (N.I.)).\nThe amendments implement Article 464(d) of the TCA in relation to a goods vehicle forming part of a vehicle combination that has a relevant plated weight exceeding 2.5 tonnes. An amendment also removes redundant words in the Schedule.\nPart 12: Amendment of the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012\nPart 12 amends the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.I. 2012/257 (N.I.)).\nIn summary, the amendments:\nare consequential on the amendments made to the 2010 Act by Part 10;\nimplement the obligations under Article 5(b) and (c) of Section 1 of Part A of Annex 31 to the TCA by making it an explicit requirement of a standard licence that its holder is subject to tax on revenues, has a value added tax number and, if a company, is a registered company;\nre-implement obligations under Articles 459 to 464 of, and Section 1 of Part A of Annex 31 to, the TCA to consolidate parallel provisions in EUR 2009/1071;\nallow an operator requiring a light goods vehicle licence to apply to the Department for Infrastructure for a time-limited exemption from the requirement for an individual to be professionally competent if the individual has significant prior experience managing the use of light goods vehicles.\nPart 13: Amendment of the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012\nPart 13 amends the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 (S.I. 2012/261 (N.I.)).\nThe amendments are consequential on the amendments made to the 2010 Act by Part 10 and to the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 by Part 12.\nPart 14: Amendment of the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013\nPart 14 amends the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013 (S.I. 2013/115 (N.I.)).\nThe amendments are consequential on the amendments to EUR 2009/1071 made under the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019.\nFurther information\nA full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.\nA copy of the Explanatory Memorandum is published alongside this instrument at https://www.legislation.gov.uk/.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
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    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukdsi/2022/9780348231434/note",
    "retrieved_at": "2026-10-30T14:45:58.765750+00:00"
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  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}