OpenLegislation

Paragraph 67 Vehicles used by operators authorised in the European UnionF1

(1)

An EU vehicle—

(a)

brought temporarily into Great Britain by a person who holds a Community licence,

(b)

on which the driver of the vehicle is carrying a certified true copy of the licence, and

(c)

used by the person for either or both—

(i)

the international carriage of goods;

(ii)

national transport operations pursuant to Chapter 3 of EUR 2009/1072 (cabotage) and in accordance with sub-paragraph (4).

(2)

An EU vehicle—

(a)

brought temporarily into Great Britain by a person who carries on a trade or business in a member State, and

(b)

used by the person for either or both—

(i)

the international carriage of goods as set out in Article 1(5) of EUR 2009/1072;

(ii)

national transport operations, pursuant to Chapter 3 of EUR 2009/1072, for the carriage of goods as set out in Article 1(5) of EUR 2009/1072, in accordance with sub-paragraph (4).

(3)

An EU vehicle—

(a)

brought temporarily into Great Britain by a person who carries on a trade or business in a member State,

(b)

which has a maximum authorised speed not exceeding 40 kilometres per hour, and

(c)

used by the person for either or both—

(i)

the international carriage of goods;

(ii)

cabotage, in accordance with sub-paragraph (4).

(4)

The EU vehicle is within the class of vehicle set out in sub-paragraph (1) or (2), in the case of the vehicle being used for national transport operations under sub-paragraph (1)(c)(ii) or (2)(b)(ii) or the class of vehicle set out in sub-paragraph (3), in the case of the vehicle being used for cabotage under sub-paragraph (3)(c)(ii), only if—

(a)

the person using the vehicle submits a posting declaration at or before the time the journey to which the use referred to in sub-paragraph (1)(c)(ii), (2)(b)(ii) or (3)(c)(ii) (as the case may be) relates commences, and

(b)

the driver of the vehicle is carrying a copy of the posting declaration in electronic or paper form.

(5)

In this paragraph—

  • “cabotage” means no more than two laden journeys between points in the United Kingdom, performed within seven days of the unloading of the goods carried on a journey from the European Union to the United Kingdom;

  • “Community licence” has the meaning given in Article 2(8) of EUR 2009/1072;

  • “EU Market Information System” means the Internal Market Information System mentioned in Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC as it has effect in EU law;

  • “EU vehicle” means—

    1. (a)

      a motor vehicle registered in a member State, or

    2. (b)

      a vehicle combination consisting of—

      1. (i)

        a motor vehicle registered in a member State, and

      2. (ii)

        a trailer;

  • “EUR 2009/1072” means 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;

  • “international carriage” has the meaning given by Article 2 of EUR 2009/1072;

  • “posting declaration” means a declaration—

    1. (a)

      made using the EU Market Information System, and

    2. (b)

      declaring—

      1. (i)

        the identity of the person using the vehicle;

      2. (ii)

        the contact details of an individual located in the member State in which the motor vehicle is registered who is able to correspond with the Secretary of State on behalf of the person using the vehicle;

      3. (iii)

        the name, residential address and driving licence number of the driver of the vehicle on the journey for which the declaration is required;

      4. (iv)

        the expected period during which the vehicle will be used for national transport operations;

      5. (v)

        the registration plate of the motor vehicle;

      6. (vi)

        if the person using the vehicle is not also the driver, the start date of, and the law applicable to, the driver’s contract of service with that person;

  • “the person using the vehicle” is to be construed in accordance with section 58(2) of the 1995 Act.

Annotations

Textual amendments

F1

Sch. 3 Pt. 3 inserted (1.10.2023) by The Goods Vehicles (Licensing of Operators) (Exemptions and Modifications) (Amendment) Regulations 2023 (S.I. 2023/805), regs. 1, 7(3)