The Goods Vehicles (Community Authorisations) (Modification of the Road Traffic (Foreign Vehicles) Act 1972) Regulations 2002

Statutory Instruments

2002 No. 1415

ROAD TRAFFIC

The Goods Vehicles (Community Authorisations) (Modification of the Road Traffic (Foreign Vehicles) Act 1972) Regulations 2002

Made

24th May 2002

Laid before Parliament

27th May 2002

Coming into force

1st July 2002

The Secretary of State for Transport, Local Government and the Regions, being a Minister designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the carriage of passengers and goods by road, in exercise of the powers conferred by that section hereby makes the following Regulations:—

Citation and commencement

1.  These Regulations may be cited as the Goods Vehicles (Community Authorisations) (Modification of the Road Traffic (Foreign Vehicles) Act 1972) Regulations 2002 and shall come into force on 1 July 2002.

Modification of the Road Traffic (Foreign Vehicles) Act 1972

2.—(1) The Road Traffic (Foreign Vehicles) Act 1972(3) shall be amended as follows.

(2) In Schedule 1, after the entry relating to Article 3a(3) of Council Regulation (EEC) No. 684/92 of 16 March 1992, there shall be inserted—

“Article 5(4) of Council Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States(4).

To require the production of a certified copy of a Community authorisation which is required to be kept on board certain goods vehicles.”.

(3) In Schedule 2, after the entry relating to regulation 19 of the Road Transport (International Passenger Services) Regulations 1984, there shall be inserted—

“Regulations 3 and 7 of the Goods Vehicles (Community Authorisations) Regulations 1992(5).

To impose a penalty for contravention of certain requirements relating to the use of goods vehicles.”.

Signed by authority of the Secretary of State for Transport, Local Government and the Regions

David Jamieson

Parliamentary Under Secretary of State,

Department for Transport, Local Government and the Regions

24th May 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations modify the Road Traffic (Foreign Vehicles) Act 1972 (“the 1972 Act”) in order to provide an express power to examiners to prohibit goods vehicles which do not conform with the requirements of the Goods Vehicles (Community Authorisations) Regulations 1992 (S.I. 1992/3077) (“the 1992 Regulations”). The 1992 Regulations give effect in the United Kingdom to Council Regulation (EEC) No. 881/92 of 26 March 1992 (O.J. No. L95, 9.4.1992, p.1) (“the EC Regulation”).

The EC Regulation established a Community-wide authorisation allowing goods vehicles access to the market in the carriage of goods by road between Member States.

Provision is made in regulation 2 of these Regulations for modification of the 1972 Act, so that an examiner exercising the functions of an authorised inspecting officer under the EC Regulation may prohibit the driving of a vehicle on the road, where it appears to him that there may have been a contravention of regulation 3 or 7 of the 1992 Regulations.

(1)

S.I. 1996/266.

(2)

1972 c. 68.

(3)

1972 c. 27; as modified by S.I. 1979/1746; S.I. 1983/1025; S.I. 1984/748; the Road Traffic (Consequential Provisions) Act 1988 (c. 54), section 4 and Schedule 3; the Road Traffic Act 1991, section 83 and Schedule 8; S.I. 1999/1322; and S.I. 1999/3413.

(4)

O.J. No. L95, 9.4.92, p.1.

(5)

S.I. 1992/3077, to which there are amendments not relevant to these Regulations.