The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1993

Statutory Instruments

1993 No. 1416

ROAD TRAFFIC

The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1993

Made

7th June 1993

Laid before Parliament

9th June 1993

Coming into force

1st July 1993

The Secretary of State for Transport, in exercise of the powers conferred by section 91(1), (4) and (5) of the Transport Act 1968(1), and now vested in him(2), and of all other enabling powers, and after consultation with representative organisations in accordance with section 91(8) of that Act, hereby makes the following Regulations:

1.  These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1993 and shall come into force on 1st July 1993.

2.  The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980(3) shall be amended as follows.

3.  In regulation 5 (exemptions for Northern Ireland or foreign goods vehicles used for the carriage of goods between Member States of the European Communities), in paragraph (1)(c)—

(a) for the words “combined road/rail carriage or combined transport by inland waterway”, there shall be substituted the words “combined transport”; and

(b) for the words “Council Directive No. 130/75”, there shall be substituted the words “Council Directive 92/106/EEC of 7th December 1992 on the establish-ment of common rules for certain types of combined transport of goods between Member States(4)”.

4.  In regulation 5, paragraph (2) shall be omitted.

Signed by authority of the Secretary of State.

Robert Key

Parliamentary Under Secretary of State,

Department of Transport

7th June 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 5 of the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980, by substituting references to Council Directive 92/106/EEC (“the Directive”) for references to Council Directive 75/130/EEC as amended, which has been repealed.

The principal effect of the amendment is to widen the definition of “combined transport” to include journeys made partly by road and partly by sea. Previously the definition only covered journeys made partly by road and partly by rail or inland waterway. The rail, inland waterway or sea leg of any journey of combined transport must exceed 100 kilometres as the crow flies.

Journeys of combined transport within the meaning of the Directive are exempt from the requirement for an operator’s licence under section 60(1) of the Transport Act 1968 if a transport document meeting the requirements of Article 3 of the Directive is carried on the vehicle.

(1)

1968 c. 73.

(2)

S.I. 1970/1681, 1979/571 and 1981/238.

(3)

S.I. 1980/637; regulation 5 was amended by S.I. 1982/1713.

(4)

OJ No. L368, 17.12.1992, p.38.