The Motor Vehicles (International Circulation) (Amendment) Order 2013

Amendment of the Motor Vehicles (International Circulation) Order 1975

2.—(1) The Motor Vehicles (International Circulation) Order 1975(1) is amended as follows.

(2) In article 2(7)(2) (visitors’ driving permits), omit the definitions of “EEA Agreement” and “EEA State” and substitute—

““EEA Agreement” and “EEA State” have the meanings given in Schedule 1 to the Interpretation Act 1978(3).”.

(3) In article 5 (excise exemption and documents for vehicles brought temporarily into the United Kingdom), after paragraph (2)(b) insert—

“(c) in a case of a vehicle being used for or in connection with a cabotage operation in Great Britain that is not exempt from excise duty under sub-paragraph (b), the vehicle shall be exempt from excise duty if and so long as—

(i) that cabotage operation consists of national carriage for hire or reward by a haulier who is a holder of a Community licence and whose driver, if a national of a country which is not a member State, holds a driver attestation;

(ii) the vehicle is being used only for or in connection with the carriage of vehicles in categories M₁ and N₁, as defined in Annex II to Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles(4); and

(iii) the vehicle is being used at any time during a period beginning with—

(aa) 22nd February and ending with 31st March; or

(bb) 25th August and ending with 30th September.”.

(4) In paragraph (9) after the definition of “the date of importation” insert—

““Community licence” and “driver attestation” have the same meanings as in the Regulation of the European Parliament and of the Council on common rules for access to the international road haulage market;”.

(1)

S.I. 1975/1208; relevant amending instruments are S.I. 1985/459, 1996/1929 and 2010/771.

(2)

The definitions of “EEA agreement” and “EEA state” were inserted by paragraph 1(4) of Schedule 5 to the Driving Licences (Community Driving Licence) Regulations 1996 (S.I. 1996/1974). There are other amendments to article 2(7) that are not relevant to this Order.

(3)

1978 c.30; definitions of EEA Agreement and EEA State were inserted by the Legislative and Regulatory Reform Act 2006 (c.51), section 26(1).

(4)

OJ No. L263, 9.10.2007, p.1. The Directive has been amended by Commission Regulation (EC) No. 1060/2008 of 7 October 2008 (OJ No. L292 1, 31.10.2008), Regulation (EC) No. 78/2009 of the European Parliament and of the Council of 14 January 2009 (OJ No. L35 1, 4.2.2009), Regulation (EC) No. 79/2009 of the European Parliament and of the Council of 14 January 2009 (OJ No. L35 32, 4.2.2009), Commission Regulation (EC) No. 385/2009 of 7 May 2009 (OJ No. L 118 13, 13.5.2009), Regulation (EC) No. 661/2009 of the European Parliament and of the Council of 13 July 2009 (OJ No. L200 1, 31.7.2009), Commission Directive 2010/19/EU of 9 March 2010 (OJ L72 17, 20.3.2010) and Commission Regulation (EU) No. 371/2010 of 16 April 2010, (OJ L110 1, 1.5.2010). It has also been amended by Commission Regulation (EU) No. 678/2011 of 14 July 2011 (OJ L185 30, 15.7.2011) which replaced Annex II.