The Road Tolling (Interoperability of Electronic Road User Charging and Road Tolling Systems) Regulations 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement the provisions of European Parliament and Council Directive 2004/52/EC (OJ L200, 07.06.2004, p.50, incorporating changes made by the corrigendum to the original version of the directive published in OJ L 166, 30.04.2004, p.124) which require the use of certain technical standards for the interoperability of electronic road toll systems in the Community (see articles 1 and 2 of the Directive).

Under regulation 2 “electronic toll systems” are systems with certain electronic features which operate for the purpose of charging and collecting tolls or fares in respect of the use by a motor vehicle of a road (including any bridge or tunnel) or a ferry. Regulation 2 contains other definitions (including a definition of “the appropriate national authority”).

Regulation 3 specifies that the Regulations apply to new electronic toll systems brought into service on or after 12th February 2007. Regulation 3(2) sets out the circumstances in which a new electronic toll system is to be regarded as being brought into service. This includes certain significant upgrades.

The technological requirements specified in regulation 4 apply to all new electronic toll systems other than those which have been exempted under regulation 5.

Regulation 5 provides for the issue by the appropriate national authority of an exemption certificate on the grounds which are set out in regulation 5(2) (which implements article 1(2) of the Directive). The operator of a toll system may apply for an exemption certificate and regulation 6 sets out the procedure which must be followed where the appropriate national authority turns down an application or revokes an exemption certificate.

Regulations 7 and 8 contain enforcement provisions. The appropriate national authority may require certain information and documents for the purpose of determining whether a system is an electronic toll system to which the Regulations apply or whether the system is using the required technologies. If the appropriate national authority considers that the technological requirements of regulation 4 are not met, it may issue a stop notice requiring the operator of the system to cease charging and collecting tolls or fares by use of non-compliant electronic devices.

A copy of the regulatory impact assessment prepared in respect of these Regulations can be obtained from the Department for Transport, Zone 2/15, Great Minster House, 76 Marsham Street, London, SW1P 4DR. Copies have been placed in the Library of each House of Parliament.

A copy of the transposition note is available from the Department for Transport.

Copies of the Regulatory Impact Assessment and of the Transposition Note may also be accessed on the HMSO website www.opsi.gov.uk.