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

Interpretation

2.—(1) In these Regulations—

“the 1999 Directive” means 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(1);

“appropriate national authority” means, in relation to a toll or user charge which is levied in respect of the use of a section of infrastructure in—

(a)

England, the Secretary of State,

(b)

Wales, the Welsh Ministers,

(c)

Scotland, the Scottish Ministers,

(d)

Northern Ireland, the Department for Regional Development in Northern Ireland,

except that in relation to a toll levied in respect of the use of either of the Severn Bridges, the “appropriate national authority” means the Secretary of State;

“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

“EURO 0”, “EURO I”, “EURO II”, “EURO III”, “EURO IV”, “EURO V” or “EEV” mean, in relation to a category of HGV, the category of HGV which complies with the emission limits referred to in Annex 0;

“HGV” means a heavy goods vehicle, namely a motor vehicle or articulated vehicle combination intended or used exclusively for the carriage by road of goods, and having a maximum permissible laden weight of over 3.5 tonnes;

“operator” means, in relation to a section of infrastructure, the person who or body which is authorised under an enactment to levy the tolls or user charges in respect of the use of that section of infrastructure;

“responsible person” means, in relation to a section of infrastructure, the person who or body which is authorised under an enactment to determine the rates of a toll or user charge to be levied in respect of the use of that section of infrastructure;

“Severn Bridges” means the new bridge and the existing bridge as defined in section 39(1) of the Severn Bridges Act 1992(2);

“the TERN” means the trans-European road network, which is the road network defined in Section 2 of Annex I to Decision No 1692/96/EC of the European Parliament and of the Council of 23rd July 1996 on Community guidelines for the development of the trans-European transport network as illustrated by maps(3);

“toll” means a specified amount payable for an HGV travelling a given distance on a section of infrastructure, the amount being based on the distance travelled and the type of HGV;

“type of HGV” has the meaning given in Article 2 of the 1999 Directive to “type of vehicle”; and

“user charge” means a specified amount payment of which confers the right for an HGV to use for a given period a section of infrastructure.

(2) In these Regulations, unless the context otherwise requires—

(a) a reference to a numbered Annex is a reference to the Annex to the 1999 Directive which is so numbered;

(b) the following expressions have the meanings given in Article 2 of the 1999 Directive—

“concession contract”

“concession toll”

“construction costs”

“weighted average toll”;

(c)

other expressions which are also used in the 1999 Directive have the meaning which they bear in the 1999 Directive.

(1)

O.J. L 187, 20.7.1999, p. 42; the Directive has been amended by Directive 2006/38/EC of the European Parliament and of the Council of 17th May 2006 (O.J. L 157, 9.6.2006, p.8.), Council Directive 2006/103/EC of 20th November 2006 (O.J. L 363, 20.12.2006, p.344), and by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (O.J. L 236, 23.9.2003, p.33). The 1999 Directive was incorporated into Annex XIII (Transport) to the EEA Agreement by the Decision of the EEA Joint Committee No 5/2002 of 1st February 2002 (O.J. L 88, 4.4.2002, p.9 and EEA Supplement No 18, 4.4.2002, p.6). Some of the amendments to the 1999 Directive have also been incorporated: the amendments made by Council Directive 2006/103/EC were incorporated by Decision No 132/2007 (O.J. L 100, 10.4.2008, p.1 and EEA Supplement No 19, 10.4.2008, p.1); and the amendments made by the Act concerning the conditions of accession were incorporated by the 2004 Enlargement Agreement (O.J. L 130, 29.4.2004, p.3 and EEA Supplement No 23, 29.4.2004. p.1).

(2)

1992 c.3.

(3)

O.J. L 228, 9.9.1996, p. 1. This Decision was last amended by Decision No 884/2004/EC (O.J. L 167, 30.4.2004. p 1).