The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2017

Statutory Instruments

2017 No. 577

Road Traffic

The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2017

Made

20th April 2017

Laid before Parliament

25th April 2017

Coming into force

26th May 2017

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 57(1), (6), (7) and (8) of the Goods Vehicles (Licensing of Operators) Act 1995(1).

The Secretary of State has consulted with representative organisations in accordance with section 57(12) of that Act.

Citation and commencement

1.  These Regulations may be cited as the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) (Amendment) Regulations 2017 and come into force on 26th May 2017.

Amendment of Regulations

2.—(1) The Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996(2) are amended as follows.

(2) In regulations 4, 5, 6 and 7 for “regulations 8 to 30E”, substitute “regulations 8 to 30F”.

(3) In regulation 31, for “regulations 4 to 30E” in both places where that expression occurs, substitute “regulations 4 to 30F”.

(4) After regulation 30E, insert—

“Exemption for Serbian goods vehicles

30F.— (1) In this regulation—

“Serbian goods vehicle” means a foreign goods vehicle which is owned or operated by a person who is authorised under the law of the Republic of Serbia to engage in the international carriage of goods by road for hire or reward or on that person’s own account and which, in the case of a motor vehicle, is registered in the Republic of Serbia.

(2) Section 2(1) of the Act shall not apply to the use in Great Britain of a Serbian goods vehicle for the carriage of any goods —

(a) specified in paragraphs 1, 2, 4, 5, 6, 7, 8, 10, 18, 20, 21, 24, 26 and 27 of Schedule 2; or

(b) carried in a motor vehicle in such circumstance that the total laden weight of the motor vehicle does not exceed 6 metric tons.

(3) In relation to a Serbian goods vehicle being used for the carriage of goods in a case to which paragraph (2) does not apply, section 2(1) of the Act shall have effect as set out in Schedule 5.”

Signed by authority of the Secretary of State

John Hayes

Minister of State

Department for Transport

20th April 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

On the 16th of July 1969 an agreement was reached between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the United Kingdom of Great Britain and Northern Ireland on the International Carriage of Goods(3) (the “1969 Agreement”). This agreement remains in force and Serbia remains a party to this agreement (as one of the successor States to the former Yugoslavia).

These Regulations amend the Goods Vehicles (Licensing of Operators) (Temporary Use in Great Britain) Regulations 1996 (the “1996 Regulations”). The purpose of the amendments is to give legal effect to the 1969 Agreement in relation to Serbian goods vehicles.

Regulation 2 inserts a new regulation 30F into the 1996 Regulations. The inserted regulation 30F exempts operators of Serbian goods vehicles from the requirement to hold an operator’s licence under section 2(1) of the Goods Vehicles (Licensing of Operators) Act 1995, provided the goods being carried fall into one of a number of specified classes, the vehicle is less than 6 metric tons, or a valid permit is held. To be eligible for the exemption a Serbian vehicle must be owned or operated by someone who is entitled to conduct business transporting goods under Serbian law.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. The 1969 Agreement and an Explanatory Memorandum are published alongside the instrument on www.legislation.gov.uk.

(1)

1995 c. 23; section 2(1) was modified by S.I. 1996/2186.

(2)

S.I. 1996/2186: relevant amending instruments are S.I. 2001/1149, 2004/462, 2010/804 and 2011/1043.

(3)

Cm. 4284.