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3.—(1) These Regulations—
(a)apply to any new electronic toll system which is brought into service on or after 12th February 2007; but
(b)do not apply if an exemption certificate has been issued under regulation 5 in respect of the system and has not been revoked.
(2) A new electronic toll system is to be regarded as being brought into service when—
(a)a new system becomes operational for the purpose of charging and collecting tolls or fares;
(b)changes are made to an existing system which enable new electronic devices with significantly improved technical specifications to be used for the purpose of charging and collecting tolls or fares;
(c)new equipment is introduced into an existing system which results in a significant improvement in the way the system operates; or
(d)there is a significant addition to the roads or ferries to which an existing system applies (for example, by the addition of a new bridge, tunnel or other road or the replacement of a road by a ferry service).
(3) For the purposes of paragraph (2), it is irrelevant whether a system was an electronic toll system before the occurrence of the events described in that paragraph.
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