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5. Notwithstanding anything in regulations 8 to 30, section 2(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland or foreign goods vehicle for the carriage of goods between Member States of the European Community—
(a)where the vehicle is—
(i)loaded or unloaded at a place not more than 25 kilometres from the coast of Great Britain and unloaded or loaded (as the case may be) at a place not more than 25 kilometres from the coast of another Member State, and the distance between the place where the goods are loaded on to the vehicle and the place where they are off-loaded from the vehicle, when measured in a straight line (but disregarding so much of that distance as lies over the sea in a case where the vehicle is carried on sea transport specially constructed and equipped for the carriage of commercial vehicles and operated as a regular service) does not exceed 100 kilometres; or
(ii)a motor vehicle, or trailer drawn by a foreign goods vehicle, having a permissible laden weight not exceeding 6 metric tons or a permissible pay load not exceeding 3.5 metric tons; or
(iii)a relief vehicle; or
(b)where the goods so carried are those specified in paragraphs 9, 16, 17, 18, 20, 21, 26 or 28 of Schedule 2; or
(c)where the vehicle is being used on a journey for combined transport as defined in Article 1 of Council Directive (EEC) No. 92/106 on the establishment of common rules for certain types of combined transport of goods between Member States(1), and there is carried on the vehicle, or, in the case of a trailer, on the vehicle drawing it, a document which satisfies the requirements of Article 3 of that Directive, or a document issued by the competent authority of the Member State where the vehicle, or, in the case of a trailer, the vehicle drawing it, is registered certifying that the vehicle is being used on such a journey; or
(d)where the goods are being carried for or in connection with any trade or business carried on by the undertaking carrying them and each of the following conditions are fulfilled:—
(i)the goods are the property of the undertaking carrying them or have been sold, bought, let out on hire or hired, produced, extracted, processed or repaired by that undertaking;
(ii)the purpose of the journey is to carry the goods to or from the undertaking carrying them or to move them either inside that undertaking, or outside for that undertaking’s own requirements;
(iii)the vehicle used for such carriage is being driven by an employee of the undertaking;
(iv)except in the case of a replacement vehicle during a short breakdown of the vehicle normally used, the vehicle used for carrying the goods is owned by the undertaking carrying them or has been bought by it on deferred terms or hired in accordance with the conditions on the use of vehicles hired without drivers for the carriage of goods by road contained in Council Directive (EEC) No. 84/647(2)
O.J. No. L368, 17.12.1992, p.38.
O.J. No. L335, 22.12.84, p.72.
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