The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement Directive No. 1999/62/EC of the European Parliament and of the Council of 17th June 1999 on the charging of heavy goods vehicles for the use of certain infrastructures, as amended by two further Directives and the Act of Accession to the European Union (“the 1999 Directive”). The two amending Directives are Directive 2006/38/EC of the European Parliament and of the Council of 17th May 2006, and Council Directive 2006/103/EC of 20th November 2006.

The Regulations apply in relation to any toll or user charge which is authorised under an enactment to be levied for the use of infrastructure forming part of the Trans-European Road Network in the United Kingdom. The Regulations only apply in relation to tolls or user charges levied on heavy goods vehicles.

Part 2 of the Regulations sets out requirements about the calculation of the tolls and user charges, and how the rates may be varied. Part 3 sets out requirements about the levying and collection of tolls and user charges. Part 4 sets out requirements provisions about communicating information, in particular to the European Commission.

Part 5 sets out a restriction on the introduction of a common system of user charges for the whole of the United Kingdom and one or more other EEA States.

Part 6 sets out a requirement about the monitoring of the systems of tolls and user charges, and provides for enforcement of the requirements.

An Impact Assessment has been prepared and copies may be obtained from the Department for Transport, Great Minster House, 76 Marsham Street, London SW1P 4DR. A copy has been placed in the Library of each House of Parliament.

A copy of the Transposition Note is also available from the Department for Transport.

The Impact Assessment and the Transposition Note are also annexed to the Explanatory Memorandum which is available alongside these Regulations on the OPSI website www.opsi.gov.uk.