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The International Road Transport Permits (EU Exit) Regulations 2018

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

Draft 2018, ISBN 9780111172728

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.

Draft Regulations laid before Parliament under section 25(3)(a) and (b) of the Haulage Permits and Trailer Registration Act 2018, for approval by resolution of each House of Parliament.

Exiting The European Union

Road Traffic

Made ***

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1(1) to (3), 2(1) and (2), 3(1), 4(1) and (2), 5(1) and (2), and 25(1) of the Haulage Permits and Trailer Registration Act 2018f1.

The Secretary of State has consulted the persons referred to in section 23 of that Act.

A draft of these Regulations has been approved by a resolution of each House of Parliament in accordance with section 25(3)(a) and (b) of that Act.

Annotations to the whole text

Footnotes

f1

2018 c.19.

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Application of these Regulations
  5. Part 2: Requirement to carry an international road transport permit
  6. 4Carriage of a permit
  7. 5Exemptions: Armenia
  8. 6Exemptions: Azerbaijan
  9. 7Exemptions: Belarus
  10. 8Exemptions: Bosnia and Herzegovina
  11. 9Exemptions: Georgia
  12. 10Exemptions: Kazakhstan
  13. 11Exemptions: Kosovo
  14. 12Exemptions: Montenegro
  15. 13Exemptions: Morocco
  16. 14Exemptions: Russian Federation
  17. 15Exemptions: Serbia
  18. 16Exemptions: Tunisia
  19. 17Exemptions: Ukraine
  20. 18Exemptions: relevant member States
  21. 19Temporary exemptions
  22. Part 3: International road transport permits
  23. 20Making an application
  24. 21Further information in respect of an application made under regulation 20
  25. 22Withdrawing an application
  26. 23Number of permits
  27. 24Determining an application
  28. 25Granting a permit
  29. 26Content of a permit
  30. 27Cancelling a permit
  31. 28Appeals
  32. 29Fees
  33. 30Records
  34. Part 4: Miscellaneous
  35. 31Review
  36. 32Revocations
  37. Signature
  38. Schedule 1: Exemptions
  39. Part 1: Exemptions for the carriage of goods
  40. 1Paragraph 1
  41. 2Paragraph 2
  42. 3Paragraph 3
  43. 4Paragraph 4
  44. 5Paragraph 5
  45. 6Paragraph 6
  46. 7Paragraph 7
  47. 8Paragraph 8
  48. 9Paragraph 9
  49. 10Paragraph 10
  50. 11Paragraph 11
  51. 12Paragraph 12
  52. 13Paragraph 13
  53. 14Paragraph 14
  54. 15Paragraph 15
  55. 16Paragraph 16
  56. 17Paragraph 17
  57. 18Paragraph 18
  58. 19Paragraph 19
  59. 20Paragraph 20
  60. 21Paragraph 21
  61. 22Paragraph 22
  62. 23Paragraph 23
  63. 24Paragraph 24
  64. 25Paragraph 25
  65. Part 2: Exemption for certain types of goods vehicles
  66. 26Paragraph 26
  67. 27Paragraph 27
  68. 28Paragraph 28
  69. 29Paragraph 29
  70. Schedule 2: Fees
  71. 1Paragraph 1
  72. 2Time for payment
  73. 3Amount of fee payable
  74. Schedule 3Revocations
  75. Explanatory note

1Citation and commencement

These Regulations may be cited as the International Road Transport Permits (EU Exit) Regulations 2018 and come into force on the day after the day on which they are made, except for regulations 4(2) and 18 which come into force on exit day.

2Interpretation

In these Regulations—

  • “1995 Act” means the Goods Vehicles (Licensing of Operators) Act 1995f1;

  • “2010 Act” means the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010f2;

  • “application” means an application by an operator under regulation 20;

  • “authorisation for international removals” means a document granting permission to carry out international removals in the form set out in Annex II of the Multilateral Quota User Guide published on 1st January 2014f3;

  • “carriage of goods” means the carriage of goods for hire or reward, or for or in connection with any trade or business carried on by the operator of a vehicle, and includes—

    1. (a)

      getting a vehicle to a place where those goods are to be loaded onto that vehicle, and

    2. (b)

      returning a vehicle to the place where it is kept when not in use after those goods have been unloaded;

  • “exit day” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018f4;

  • “international journey” means a journey—

    1. (a)

      from a place in the United Kingdom to a place in a relevant country or a relevant member State or passing through that country or member State;

    2. (b)

      between places outside the United Kingdom where one or both of which are situated in a relevant country or a relevant member State, regardless of whether that journey passes through the United Kingdom; or

    3. (c)

      between places outside the United Kingdom and a relevant country or a relevant member State, but passing through a relevant country or a relevant member State, regardless of whether that journey passes through the United Kingdom;

  • “own account” means the carriage of goods for or in connection with any trade or business carried on by the person carrying them and where each of the following conditions are fulfilled—

    1. (a)

      the goods are the property of the person carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that person;

    2. (b)

      the purpose of the journey is to carry the goods to or from the premises of the person carrying them or to move them, either inside or outside those premises, for the person’s own requirements;

    3. (c)

      the goods vehicle used for carrying the goods is driven by an employee of the person;

    4. (d)

      the goods vehicle carrying the goods is owned by the person, has been bought by it on deferred terms or has been hired; and

    5. (e)

      the carriage is ancillary to the overall activities of the person;

  • “permit” means an international road transport permit under section 1(2) of the Haulage Permits and Trailer Registration Act 2018;

  • “relevant country” means—

    1. (a)

      Republic of Armenia,

    2. (b)

      Republic of Azerbaijan,

    3. (c)

      Republic of Belarus,

    4. (d)

      Bosnia and Herzegovina,

    5. (e)

      Georgia,

    6. (f)

      Republic of Kazakhstan,

    7. (g)

      Republic of Kosovo,

    8. (h)

      Montenegro,

    9. (i)

      Kingdom of Morocco,

    10. (j)

      Russian Federation,

    11. (k)

      Republic of Serbia,

    12. (l)

      Republic of Tunisia, or

    13. (m)

      Ukraine;

  • “relevant member State” means a member State of the European Union which has agreed a relevant international agreement under which a goods vehicle being used for the carriage of goods to, in or through the territory of that member State must carry a permitf5;

  • “working day” means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971f6; and a notice given after 4.30pm on a working day is treated as given on the next working day.

3Application of these Regulations

(1)

These Regulations apply to a goods vehicle used on a road for the carriage of goods.

(2)

These Regulations do not apply to the use of a Northern Ireland goods vehicle to transport goods on—

(a)

a journey beginning in Northern Ireland to a place in Ireland, or

(b)

the part of an international journey beginning in Northern Ireland which passes through Ireland.

(3)

In this regulation, “Northern Ireland goods vehicle” means a goods vehicle used under an operator’s licence issued under section 14 of the 2010 Act.

4Carriage of a permit

(1)

Subject to regulations 5 to 17, an operator must not use a goods vehicle for the carriage of goods on an international journey to, in or through a relevant country, unless the operator carries on the vehicle a permit valid for each relevant country on that journeyf1.

(2)

Subject to regulation 18, an operator must not use a goods vehicle for the carriage of goods on an international journey to, in or through a relevant member State, unless the operator carries on the vehicle a permit valid for each relevant member State on that journey.

5Exemptions: Armenia

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Armenia where that vehicle is—

(a)

being used for the carriage of goods—

(i)

specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)

specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)

on own account; or

(b)

of a type specified in paragraph 26 or 28 of Schedule 1.

6Exemptions: Azerbaijan

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Azerbaijan where that vehicle is—

(a)

is being used for the carriage of goods—

(i)

specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)

specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)

on own account; or

(b)

of a type specified in paragraph 26 or 28 of Schedule 1.

7Exemptions: Belarus

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Belarus where that vehicle is—

(a)

being used for the carriage of goods specified in paragraph 4, 5, 8, 11, 18 or 22 of Schedule 1; or

(b)

of a type specified in paragraph 26 of Schedule 1.

8Exemptions: Bosnia and Herzegovina

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Bosnia and Herzegovina where that vehicle is—

(a)

being used for the carriage of goods—

(i)

specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)

specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)

on own account; or

(b)

of a type specified in paragraph 26 or 28 of Schedule 1.

9Exemptions: Georgia

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Georgia where that vehicle is being used for the carriage of goods—

(a)

specified in paragraph 4, 5, 9, 18, 22, 23 or 24 of Schedule 1; or

(b)

on own account.

10Exemptions: Kazakhstan

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Kazakhstan where that vehicle is—

(a)

being used for the carriage of goods specified in paragraph 4, 5, 8, 9, 17, 18 or 22 of Schedule 1; or

(b)

of a type specified in paragraph 26 of Schedule 1.

11Exemptions: Kosovo

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Kosovo where that vehicle is—

(a)

being used for the carriage of goods specified in paragraph 4, 5, 8, 11, 15, 17, 18 or 21 of Schedule 1; or

(b)

of a type specified in paragraph 26 of Schedule 1.

12Exemptions: Montenegro

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in Montenegro where that vehicle is—

(a)

being used for the carriage of goods—

(i)

specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)

specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)

on own account; or

(b)

of a type specified in paragraph 26 or 28 of Schedule 1.

13Exemptions: Morocco

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Kingdom of Morocco where that vehicle is being used for the carriage of goods specified in paragraph 2, 9 or 12 of Schedule 1.

14Exemptions: Russian Federation

(1)

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Russian Federation where that vehicle is—

(a)

being used for the carriage of goods specified in paragraph 4, 5 or 8 of Schedule 1; or

(b)

carrying a relevant document and is,—

(i)

being used for carriage of goods specified in paragraph 18, 19 or 20 of Schedule 1; or

(ii)

of a type specified in paragraph 27 or 28 of Schedule 1.

(2)

In this regulation, “relevant document” means a document carried in accordance with regulation 26(6) of the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996f1.

15Exemptions: Serbia

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Serbia where that vehicle is—

(a)

being used for the carriage of goods—

(i)

specified in paragraph 2, 4, 5, 8, 9, 12, 14, 18, 21, 22 or 25 of Schedule 1;

(ii)

specified in paragraph 10 of Schedule 1, providing an authorisation for international removals is carried on the vehicle; or

(iii)

on own account; or

(b)

of a type specified in paragraph 26 or 28 of Schedule 1.

16Exemptions: Tunisia

Regulation 4(1) does not apply to the use of a goods vehicle on the part of an international journey which takes place in the Republic of Tunisia where that vehicle is—

(a)

being used for the carriage of goods specified in paragraph 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, 15, 16, 18, 21 or 22 of Schedule 1; or

(b)

of a type specified in Part 2 of Schedule 1.

17Exemptions: Ukraine

Regulation 4(1) does not apply to the use of goods vehicle on the part of an international journey which takes place in Ukraine where that vehicle is—

(a)

being used for the carriage of goods—

(i)

specified in paragraph 4, 5, 9, 15, 17, 18, 19, 20, 21 or 23 of Schedule 1, or

(ii)

on own account; or

(b)

of a type specified in paragraph 26 of Schedule 1.

18Exemptions: relevant member States

Regulation 4(2) does not apply to the use of a goods vehicle on the part of an international journey which takes place in a relevant member State where that vehicle is—

(a)

being used for the carriage of goods—

(i)

specified in paragraph 4, 5 or 9 of Schedule 1, or

(ii)

on own account; or

(b)

of a type specified in paragraph 26 in Schedule 1.

19Temporary exemptions

(1)

The Secretary of State may grant a temporary exemption from the prohibition in regulation 4 for the purpose of enabling an emergency or some other special need to be dealt with.

(2)

A temporary exemption under paragraph (1) may be granted—

(a)

by giving notice in writing to the operator to whom it relates, or

(b)

by publishing a notice specifying the class of operators to whom it relates.

20Making an application

(1)

An operator must apply to the Secretary of State for a permit within the period specified by the Secretary of State for submitting an application for that permit.

(2)

An application must—

(a)

include any information specified by the Secretary of State, and

(b)

be accompanied by the fee specified in Schedule 2.

(3)

An application may only be made by a person who holds an operator’s licence issued under section 15 of the 1995 Act or section 14 of the 2010 Act.

21Further information in respect of an application made under regulation 20

(1)

If the Secretary of State considers that further information is required to determine an application, the Secretary of State may serve a notice on the applicant specifying the further information and the period within which it must be provided.

(2)

If the applicant fails to provide the further information in accordance with that notice, the Secretary of State may serve a further notice on the applicant stating that the application is considered to be withdrawn.

(3)

If an application is considered to be withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

22Withdrawing an application

(1)

An application may be withdrawn by the applicant before the permit is granted.

(2)

If an application is withdrawn, the applicant is not entitled to the return of any fee which accompanied it.

23Number of permits

(1)

Where a relevant international agreement with a relevant country or a relevant member State restricts the number of permits available for international journeys to, in or through that country or member State, the Secretary of State may designate—

(a)

the number of those permits available for determination under regulation 24; and

(b)

the number of those permits that the Secretary of State may grant in other circumstances, including in an emergency or for some other special need.

(2)

The Secretary of State may alter or remove a designation.

24Determining an application

(1)

Before granting a permit designated under regulation 23(1)(a), the Secretary of State must consider, where relevant to the permit applied for—

(a)

the exhaust emissions level (for example, Euro 5, Euro 6 or otherf1) of the goods vehicle or vehicles which the applicant intends to use on a journey under the permit applied for;

(b)

the goods which the applicant intends to carry under the permit applied for;

(c)

the frequency with which the applicant intends to the use the permit applied for; and

(d)

the proportion of the total number of journeys made by the applicant annually that are international journeys.

(2)

The Secretary of State may—

(a)

use random selection in addition to the considerations in paragraph (1) to determine whether to grant a permit designated under regulation 23(1)(a); and

(b)

take into account any other matters that the Secretary of State considers appropriate in determining whether to grant a permit.

(3)

The Secretary of State must provide guidance to applicants on the policy that the Secretary State will apply to determine applications.

25Granting a permit

(1)

Subject to regulation 24, the Secretary of State may grant a permit falling within the number designated under regulation 23(1)(a).

(2)

The Secretary of State may grant a permit falling within the number designated under regulation 23(1)(b).

(3)

The Secretary of State may grant any other permit on a first come, first served basis.

(4)

The Secretary of State must give reasons for refusing to grant a permit.

26Content of a permit

A permit must specify—

(a)

the international journey or journeys for which that vehicle may be used;

(b)

the operator to which the permit is granted;

(c)

the period for which the permit is granted; and

(d)

any other conditions that the operator must comply with.

27Cancelling a permit

(1)

The Secretary of State may cancel a permit if—

(a)

the operator’s licence is revoked, suspended or curtailed under section 26 or 27 of the 1995 Act or section 23 or 24 of the 2010 Act;

(b)

the operator breaches any condition attached to that permit and fails to remedy that breach within 20 working days of notification;

(c)

the operator is guilty, in respect of that permit, of an offence—

(i)

in Great Britain, under section 173 or 174 of the Road Traffic Act 1988f1,

(ii)

in Northern Ireland, under section 36 or 37 of the 2010 Act; or

(d)

the operator requests the permit is cancelled.

(2)

Where the Secretary of State decides to cancel a permit, the Secretary of State must notify the operator of—

(a)

the reasons for cancelling the permit; and

(b)

the date on which the permit will be cancelled, which must not be less than 20 working days after the date on which the operator is notified.

(3)

Unless the Secretary of State withdraws a cancellation notice, a permit ceases to have effect on the date specified in the notice.

28Appeals

(1)

Where the Secretary of State decides to cancel a permit, an operator may appeal—

(a)

in Great Britain, to a traffic commissioner; and

(b)

in Northern Ireland, to the Upper Tribunal.

(2)

An appeal must be brought within 20 working days of the day on which the operator was notified of the decision to cancel the permit.

(3)

On an appeal to a traffic commissioner, the traffic commissioner must—

(a)

consider any written representations made and any evidence provided when the appeal is brought;

(b)

inform the appellant of the outcome of the appeal within a period of 56 days, beginning with the day on which the appeal was brought; and

(c)

provide reasons for the decision (“the determination”).

(4)

Without prejudice to the right of any person to make an application for judicial review—

(a)

a determination by a traffic commissioner is binding on all parties affected by the determination; and

(b)

a traffic commissioner may give such directions as the traffic commissioner considers appropriate to give effect to the determination.

(5)

In this regulation—

  • “traffic commissioner” has the same meaning as in the Public Passenger Vehicles Act 1981f1; and

  • “upper tribunal” means the Upper Tribunal constituted under section 3 of the Tribunal, Courts and Enforcement Act 2007f2.

29Fees

The fee payable for a function and the time when that fee must be paid are set out in Schedule 2.

30Records

(1)

Where an operator is granted a permit under regulation 25, the operator must keep a record of any international journey made using that permit.

(2)

The operator must provide the Secretary of State with a copy of any such record on request.

31Review

(1)

The Secretary of State must from time to time—

(a)

carry out a review of these Regulations,

(b)

set out the conclusions of the review in a report, and

(c)

publish that report.

(2)

In carrying out the review the Secretary of State must, so far as is reasonably practicable, have regard to how relevant international agreements are implemented in countries subject to those agreements.

(3)

The report must in particular—

(a)

set out the objectives intended to be achieved by the relevant international agreements and by these Regulations,

(b)

assess the extent to which those objectives are achieved, and

(c)

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

(4)

The first report under this regulation must be published before the end of the period of five years beginning with the day on which these Regulations come into force.

(5)

Reports under this regulation must afterwards be published at intervals not exceeding five years.

32Revocations

The instruments in Schedule 3 are revoked.

Signature

Signed by authority of the Secretary of State

Parliamentary Under Secretary of State

Department for Transport

Date

1

Luggage being carried to or from an airport.

2

Goods being carried to or from an airport in a case where an air service has been diverted.

3

Luggage being carried in a trailer drawn by a passenger vehicle.

4

Postal packets (as defined in section 125(1) of the Postal Services Act 2000f1).

5

Damaged vehicles.

6

Animal corpses (other than those intended for human consumption) for the purpose of disposal.

7

Bees or fish stock.

8

The body of a deceased person.

9

Goods for medical or surgical care in emergency relief and in particular for relief in natural disasters.

10

Goods carried in connection with household removals by undertakings using specialised personnel and equipment for that purpose.

11

Household effects.

12

Live animals, other than animals intended for slaughter.

13

Spare parts for ocean-going ships.

14

Spare parts for ocean-going ships and aircraft.

15

Works of art.

16

Antiques.

17

Goods carried exclusively for publicity or educational purposes.

18

Property, equipment or animals being carried to or from theatrical, musical, cinematographic or circus performances or sporting events, exhibitions or fairs, or to or from the making of radio or television broadcasts or films.

19

Goods, property or animals being carried to or from theatrical, musical, film or circus performances, or sporting events.

20

Goods or property intended for the making of radio or television broadcasts or films.

21

Goods carried for fairs and exhibitions.

22

Broken-down vehicles.

23

Objects and works of art for exhibitions.

24

Samples of objects and materials exclusively for publicity or information purposes.

25

Newly-acquired vehicles to their final destination.

26

A vehicle having a maximum laden weight not exceeding 3.5 tonnes.

27

A goods vehicle used for the carriage of an abnormal indivisible load or other wide load, providing that vehicle complies with the requirements of the Road Vehicles (Authorisation of Special Types) (General) Order 2003f1.

28

A relief vehicle.

29

In this part—

  • “maximum laden weight” in relation to a vehicle (including a vehicle which is a trailer) means—

    1. (a)

      in the case of a vehicle as respects which a gross weight not to be exceeded in Great Britain is specified in construction and use requirements (as defined in section 41(7) of the Road Traffic Act 1988), the weight so specified;

    2. (b)

      in the case of a vehicle as respects which no such weight is so specified, the weight which the vehicle is designed or adapted not to exceed when in normal use and travelling on a road laden; and

  • “relief vehicle” means a vehicle used for transporting goods which is sent to replace a vehicle which has broken down, and continues the haul under the cover of a licence, permit or other document issued for the vehicle which has broken down.

1

In this Schedule—

  • “ECMT short-term permit” means a short-term ECMT licence valid for 30 calendar days in accordance with the Multilateral Quota User Guide published on 1st January 2014; and

  • “periodic permit” means a permit that is valid for less than one year and for which the fee in column (4) of the Table is payable for each period for which it is valid being—

    1. (a)

      a complete period of three months,

    2. (b)

      a period of less than three months following any complete period of three months, or

    3. (c)

      a period of less than three months which is not followed by a complete period of three months.

2Time for payment

(1)

The fee for an application for a permit must be paid when submitting the application for that permit.

(2)

The fee for granting a permit designated under regulation 23(1)(a) or (b) must be paid within 10 working days of notification that the permit is to be granted.

(3)

The fee for granting any other permit must be paid when submitting the application for that permit.

3Amount of fee payable

The fees payable for a permit are specified in the following Table.

(1) Item(2) Type of permit(3) Fee for applications(4) Fee for granting a permit
1Multi-country annual permit£10£123
2Multi-country periodic permit£10£31
3ECMT short-term permit£10£10
4Single country annual permit£5£45
5Single journey permit (single or multi-country)£2£6
6Authorisation for international removalsN/A£18

Schedule 3Revocations

Instrument RevokedReference
The Road Transport Licensing (Authorisation of International Journeys) (Fees) Regulations (Northern Ireland) 1984S.R. 1984/32
The Road Transport Licensing (Authorisation of International Journeys) (Fees) (Amendment) Regulations (Northern Ireland) 1985S.R. 1985/14
The Goods Vehicles (Authorisation of International Journeys) (Fees) Regulations 2001S.I. 2001/3606
The Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 2004S.I. 2004/1883
The Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 2008S.I. 2008/1576
The Goods Vehicles (Authorisation of International Journeys) (Fees) (Amendment) Regulations 2009S.I. 2009/855

Explanatory note

(This note is not part of the Regulations)

These Regulations prohibit an operator from using a goods vehicle registered in the UK for transporting goods on an international journey to, in or through a relevant country or relevant member State without an international road transport permit (“permit”) and require that permit to be carried on the vehicle. The Regulations set out the administrative provisions for applying for and granting a permit; how such applications will be determined; and the information that must be included in a permit. They also set out the circumstances in which a permit may be cancelled, provide for appeals and enable fees to be charged.

Part 1 (regulations 1 to 3) contains introductory provisions. Regulation 3 applies the Regulations to goods vehicles used on the road in the UK for the carriage of goods for hire or reward, or in connection any trade or business carried on by the operator.

Part 2 (regulations 4 to 19) requires a goods vehicle registered in the United Kingdom to carry a permit when transporting goods on an international journey to a relevant country or a relevant member State, and sets out specific exemptions for each relevant country or member State.

Regulation 4 prohibits the use of a goods vehicle for the carriage of goods on an international journey to, in or through a relevant country or a relevant member State, unless a permit for that journey is carried on the vehicle. “International journey”, “relevant country” and “relevant member State” are defined in regulation 2 (interpretation).

Regulations 5 to 18 provide for exemptions from the requirement to carry a permit for each relevant country and relevant member State. These exemptions provide that the carriage of certain types of the goods are exempt by reference to Part 1 of Schedule 1, and certain types of vehicles are exempt by reference to Part 2 of Schedule 1. The exemptions are different for each relevant country and relevant member State because they reflect the exemptions agreed in the relevant international agreements.

Regulation 19 provides that the Secretary of State may temporarily exempt a UK operator or class of operators from the requirement to carry a permit in an emergency or for some other special need, and sets out how such an exemption may be granted.

Part 3 (regulations 20 to 30) sets out the administrative provisions concerning permits, which include how to make an application; the number of permits available for allocation and the process of allocating them; the fees payable for a permit; the circumstances in which a permit may be cancelled and the process for appealing the cancellation of a permit.

Regulation 30 requires an operator granted a permit to keep a record of the journeys made using that permit and to provide a copy of any such record to the Secretary of State on request.

Part 4 (regulations 31 and 32) contains miscellaneous provisions. Regulation 31 requires the Secretary of State to review the operation and effect of the Regulations and publish a report within five years of them coming into force and every five years afterwards. Following a review, it will be for the Secretary of State to consider whether the Regulations should continue in force with or without amendment. A further instrument would be needed to amend or revoke the Regulations. Regulation 32 and Schedule 3 revoke a number of instruments under which fees for the issue of some permits are currently charged.

An impact assessment of the effect of these Regulations on the cost to business is published with the Explanatory Memorandum alongside this instrument on www.legislation.gov.uk.