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

Calculation of weighted average tolls

4.—(1) Subject to the following paragraphs, in relation to the process of determining the rates of a toll to be levied, the responsible person must take into account the following when calculating the weighted average toll—

(a) the construction costs of the section of the infrastructure in relation to which the toll is to be levied, and

(b) the cost of operating, maintaining and developing that section of the infrastructure.

(2) When calculating the weighted average toll, the responsible person may also take into account a return on capital or a profit margin based on market conditions.

(3) The responsible person may decide that all the costs referred to in paragraph (1) are to be recovered through revenue from tolls, or that these costs are not to be recovered through revenue from tolls, or that only a percentage of these costs is to be recovered through revenue from tolls.

(4) Where a tolling arrangement—

(a) does not involve a concession toll, and

(b) comes into effect after the date these Regulations come into force, or came into effect on or before that date and is being substantially modified after that date,

the responsible person must calculate the costs referred to in paragraph (1) using a methodology based on the core calculation principles set out in Annex III.

(5) Paragraph (6) applies where a tolling arrangement—

(a) does involve a concession toll, and

(b) comes into effect after the date these Regulations come into force, or came into effect on or before that date and is being substantially modified after that date.

(6) Where this paragraph applies, the responsible person must—

(a) calculate the costs referred to in paragraph (1) using a methodology based on the core calculation principles set out in Annex III,

(b) calculate the weighted average toll which results from using that methodology, and

(c) on the basis of a reference period appropriate to the nature of the concession contract concerned, determine the maximum level of toll which is equivalent to, or less than, that weighted average toll.