The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

PART 2 U.K. REQUIREMENTS RELATING TO THE DETERMINATION OF THE RATES OF A TOLL OR USER CHARGE

[F1 Calculation of weighted average infrastructure charges] U.K.

4.— [F1 (1) Subject to the following paragraphs, in relation to calculating the weighted average infrastructure charge the responsible person must take into account the following—

(a) the construction costs of the section of the infrastructure, or network, or part of the network on which the infrastructure charge is to be levied, and

(b) the cost of operating, maintaining and developing that section of the infrastructure, or network or part of the network on which the infrastructure charge is to be levied.]

[F1 (2) When calculating the weighted average infrastructure charge, the responsible person may also take into account a return on capital or a profit margin based on market conditions.]

(3) The responsible person may decide that all the costs referred to in [F2 paragraphs (1) and (2)] are to be recovered through revenue from tolls, or that these costs are not to be recovered through revenue from tolls, or that only a percentage of these costs is to be recovered through revenue from tolls.

(4) Where a tolling arrangement—

(a) does not involve a concession toll, and

[F3 (b) comes into effect after 6th October 2014, or came into effect on or before that date and is being substantially modified after that date, the responsible person must calculate the costs referred to in paragraphs (1) and (2) using a methodology based on the core calculation principles set out in Annex III.]

(5) Paragraph (6) applies where a tolling arrangement—

(a) does involve a concession toll, and

[F4 (b) comes into effect after 6th October 2014, or came into effect on or before that date and is being substantially modified after that date.]

(6) Where this paragraph applies, the responsible person must—

(a) calculate the costs referred to in paragraph (1) using a methodology based on the core calculation principles set out in Annex III,

(b) calculate the [F5 weighted average infrastructure charge] which results from using that methodology, and

(c) on the basis of a reference period appropriate to the nature of the concession contract concerned, determine the maximum level of [F6 infrastructure charge which is equivalent to, or less than, that weighted average infrastructure charge].

Textual Amendments

F1 Reg. 4(1)(2)and heading substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(6)(a)

F2 Words in reg. 4(3) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(6)(b)

F3 Reg. 4(4)(b) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(6)(c)

F4 Reg. 4(5)(b) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(6)(d)

F5 Words in reg. 4(6)(b) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(6)(e)

F6 Words in reg. 4(6)(c) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(6)(f)

[F7 Variation of rates of infrastructure charges U.K.

4A.— (1) Subject to paragraphs (2), (3) and (5) to (7) the responsible person must vary the infrastructure charge according to the EURO emission standard applicable to an HGV so that no infrastructure charge is more than 100% above the same charge for equivalent HGVs meeting the strictest emission standard.

(2) Paragraph (1) does not apply to a concession contract in existence on or before 15th October 2011 until it is renewed.

(3) Paragraph (1) does not apply to an infrastructure charge if the responsible person is satisfied that–

(a) this would seriously undermine the coherence of tolling systems in the United Kingdom,

(b) it would not be technically practicable to introduce such differentiation in the tolling system concerned,

(c) this would lead to diversion of the most polluting HGVs with negative impacts on road safety and public health, or

(d) the toll includes an external-cost charge.

F8 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Subject to paragraph (7), the responsible person may also vary the rates of the infrastructure charges for any of the purposes referred to in paragraph (6).

(6) The purposes are—

(a) reducing congestion,

(b) minimising infrastructure damage and optimising the use of the infrastructure concerned, or

(c) promoting road safety.

(7) Any variation of the rates of infrastructure charge made in accordance with paragraph (5) must—

(a) be transparent and made public and available to all users on equal terms,

(b) be applied according to the time of day, type of day, or the season,

(c) not result in a charge more than 175% above the maximum level of the weighted average infrastructure charge,

(d) not be designed to generate additional revenue from tolls,

(e) ensure that peak periods during which higher infrastructure charges are applied for the purpose of reducing congestion do not exceed five hours per day, and

(f) be devised and applied in a transparent and revenue neutral way on a road section affected by congestion by offering reduced toll rates for hauliers who travel during off-peak periods and increased rates for hauliers who travel during peak hours on the same road section.

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) For the purposes of this regulation if a variation or change of the rates of an infrastructure charge results in additional toll revenue, the responsible person must counterbalance this by varying the rates of an infrastructure charge within two years of the end of the accounting year in which the additional revenue is generated.]

Textual Amendments

F7 Reg. 4A inserted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(7)

F8 Reg. 4A(4) omitted (31.12.2020) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1352), regs. 1, 2(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Reg. 4A(8) omitted (31.12.2020) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1352), regs. 1, 2(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

[F10 Variation of the external-cost charge for the purposes of air and traffic based pollution U.K.

5.— (1) Where a road or part of a road crosses areas where persons are exposed to road traffic-based noise pollution then the responsible person may include the cost of such pollution in the external-cost charge.

(2) For the purposes of this regulation the responsible person must vary and set the external-cost charge—

(a) in accordance with the minimum requirements and the methods specified in Annex IIIa, and

(b) must not exceed the maximum values set out in Annex IIIb.

(3) Subject to paragraph (4) costs taken into consideration for the purposes of paragraphs (1) and (2) must relate to the part of the TERN or part of the network on which external-cost charges are to be levied and to the HGVs that are subject to it.

(4) For the purposes of paragraph (3) the responsible person may choose to recover only a percentage of those costs.

(5) The external-cost charge related to traffic-based air pollution does not apply to HGVs which comply with the EURO VI emission standard on or before 1st January 2018.

(6) The amount of the external-cost charge must be set by the appropriate national authority or a person designated by the appropriate national authority for setting an external-cost charge.

(7) Where the appropriate national authority designates a person for the purpose of setting an external-cost charge then that person must be legally and financially independent from the person or body with responsibility for the management or collection of part or all of the charge.]

Textual Amendments

F10 Reg. 5 substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(8)

Obligation to vary rates of tolls according to the emission standards of HGVs U.K.

F11 6.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Regs. 6, 7 omitted (7.10.2014) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(9)

Derogation from obligation to vary rates of tolls U.K.

F11 7.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 Regs. 6, 7 omitted (7.10.2014) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(9)

Power to vary rates of tolls for projects of high European interest U.K.

F12 8.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F12 Reg. 8 omitted (31.12.2020) by virtue of The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1352), regs. 1, 2(4); 2020 c. 1, Sch. 5 para. 1(1)

Rates of user charges U.K.

9.—(1) This regulation applies where it is intended to levy a user charge.

[F13 (2) The responsible person must ensure that—

(a) the user charge is proportionate to the duration of the use made of the infrastructure;

(b) the user charge does not exceed (including administrative costs) the maximum values stipulated in Annex II.]

[F13 (3) Subject to paragraph (4) a user charge must be valid for either a year, month, week or day and—

(a) the monthly rate must be no more than 10% of the annual rate,

(b) the weekly rate must be no more than 5% of the annual rate, and

(c) the daily rate must be no more than 2% of the annual rate.]

[F13 (4) The responsible person may determine an annual rate which is the only rate applicable in relation to an HGV registered in the United Kingdom.]

Textual Amendments

F13 Reg. 9(2)-(4) substituted (7.10.2014) by The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) (Amendment) Regulations 2014 (S.I. 2014/2437), regs. 1, 2(11)