The Road Transport (International Passenger Services) Regulations 2018

may be cited as the Road Transport (International Passenger Services) Regulations 2018;

come into force on 1st February 2019; and

do not extend to Northern Ireland.

In these Regulations—

• “the 1981 Act” means the Public Passenger Vehicles Act 1981 M1;

• “the 1981 Regulations” means the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 M2;

• “EEA State” means a State, not being a member State, which is a party to the EEA Agreement;

• F1“Interbus” means the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) originally concluded in Brussels on 30th June 2001 and as acceded to by the United Kingdom by instrument of accession deposited on 29th October 2020;

• “PSV operator's licence” has the meaning given by section 82(1) of the 1981 Act;

• “Regulation 1071/2009” means Regulation (EC) No 1071/2009 of the European Parliament and of the Council establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator M3;

• F2“RPT Chapter” means Title II of Heading Three of Part Two (transport of passengers by road) of the Trade and Cooperation Agreement, together with—

  1. (a)

     Annexes 32, 33 and 34 to the Trade and Cooperation Agreement; and

  2. (b)

     Articles 124, 135 and 137 of the Trade and Cooperation Agreement, so far as applying to that Title;

• “RSR Protocol” means the Protocol to Interbus regarding the international regular and special regular carriage of passengers by coach and bus;

• “Trade and Cooperation Agreement” has the meaning given in section 37(1) of the European Union (Future Relationship) Act 2020;

• F3...

• “traffic commissioner” means a commissioner appointed under section 4 of the 1981 Act;

For the purposes of F4the RPT Chapter, Interbus and the RSR Protocol, “authorised inspecting officer” means—

Terms and expressions used in F5the RPT Chapter, Interbus or the RSR Protocol have the same meaning in these Regulations.

The road passenger transport agreements, in their English language version, form part of domestic law on and after 1st April 2025.

Any enactment has effect on and after 1st April 2025 with such modifications as—

Paragraphs (1) and (2)—

For the purposes of this regulation—

In this regulation “domestic law” means the law of—

The competent authority is—

The purposes mentioned in paragraph (1)(a) are these Regulations and—

The purposes mentioned in paragraph (1)(b) are—

It is the duty of the competent authority to perform the functions conferred on the competent authority by the provisions specified in paragraph (2) or (3) as appropriate.

This regulation applies to a vehicle not registered in the United Kingdom but which is registered in F1a member State, an EEA State or an Interbus State, and which is being used in Great Britain in accordance with—

In relation to a vehicle to which this regulation applies—

In this regulation “Interbus State” means a State, not being a member State, which is a contracting party to Interbus.

This regulation applies to a vehicle which is registered in a member State, an EEA State or an Interbus State, and which is being used in Great Britain in accordance with the RSR Protocol or the RPT Chapter for the provision of—

In relation to a vehicle to which this regulation applies—

In this regulation “Interbus State” has the same meaning as in regulation 5.

An applicant for a F1relevant document must pay to the Confederation of Passenger Transport, when an application is made F2to the Confederation of Passenger Transport, a fee of such amount as may, with the approval of the Secretary of State, be required by it.

An applicant for F3a relevant document must pay to the Secretary of State, when an application is made F4to the Secretary of State, a fee of such amount as may be required.

For the purposes of paragraphs (1) and (2) the fee must be no more than the reasonable cost of processing that application.

In this regulation “relevant document” means—

The competent authority may refuse to issue F1an authorisation to an applicant if the applicant fails to supply any information that the competent authority may reasonably request pursuant to F2—

The holder of F3an authorisation must supply such information as the competent authority may reasonably require from time to time to enable the authority to decide whether the holder is entitled to retain the F4... authorisation.

A person who fails to supply any information required under paragraph (2) may have the F5... authorisation, and any certified true copies of it, withdrawn by the competent authority.

Paragraph (2) applies if it appears to a stopping officer that a vehicle is being used in circumstances such that—

may be required.

The stopping officer may direct the driver to stop the vehicle so that an authorised inspecting officer can conduct checks as to whether an offence has been committed under these Regulations.

In this regulation “stopping officer” means an officer appointed under section 66B of the Road Traffic Act 1988 M1,

The Road Traffic (Foreign Vehicles) Act 1972 M1 is amended as follows.

In Schedule 1 (provisions conferring functions on examiners) after the entry relating to Article 4(3) of Regulation (EC) No 1073/2009 insert—

“

Article 18 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement) (OJ No.L321, 26.11.2002, p.13)

To require the presentation of certain control documents and authorisations, which are required to be kept on board certain passenger vehicles.

Article 20 of the Agreement on the international occasional carriage of passengers by coach and bus (Interbus Agreement)

To require the presentation of a certified true copy of a licence to perform carriage by means of certain international occasional services, which is required to be kept on board certain passenger vehicles.

”

In Schedule 2 (provisions relating to vehicles and their drivers)—

A person is guilty of an offence if that person breaches a provision of—

It is an offence—

If an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of an officer of the body corporate or any person who was purporting to act as an officer of the body corporate, that officer or person (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.

If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and omissions of a member in connection with the member's functions of management as it applies to an officer of the body corporate.

Where an offence under these Regulations has been committed by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner as well as the partnership is guilty of the offence and is liable to be proceeded against and punished accordingly.

In this regulation “officer” in relation to a body corporate means a director, secretary of other similar officer of the body corporate.