Regulation 5 Unregistered trailers in 1968 Convention territories

(1)

It is an offence for a person to keep or use a trailer on a road that is—

(a)

being used on a journey that will involve, or has involved, entering a country outside the United Kingdom that is a contracting party to the Convention; and

(b)

not registered.

(2)

Paragraph (1) does not apply if—

(a)

the trailer is kept by a person who is not—

(i)

resident in the United Kingdom (as defined in regulation 4(3));

(ii)

a company formed and registered under the Companies Act 2006; or

(iii)

a holder of a valid operator’s licence granted under the provisions referred to in regulation 4(2)(c)(iii);

(b)

the permissible maximum mass is 750 kilograms or less; or

(c)

the permissible maximum mass is 3,500 kilograms or less and the trailer is not being used on that journey primarily—

(i)

for the commercial transport of goods or passengers’ belongings, whether for hire or reward or any other purpose; or

(ii)

in relation to another paid occupation.

(3)

In any proceedings for this offence, it is a defence for the defendant to prove that they—

(a)

were unaware and could not reasonably have been expected to be aware that the trailer would be so used; or

(b)

held a reasonable belief that the trailer was registered at the time of the alleged offence.