The Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019

Amendment of the Goods Vehicles (Community Licences) Regulations 2011 E+W+S

5.—(1) The Goods Vehicles (Community Licences) Regulations 2011(1) are amended as follows.

(2) In regulation 3(2)—

(a) in the definition of “Community licence”, for “1072/2009” substitute “(EC) No 1072/2009(2) of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time”;

(b) after the definition of “driver attestation”, insert—

““EU driver attestation” means a driver attestation issued under Article 5 of Regulation (EC) No 1072/2009(3) of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market as it has effect in EU law as amended from time to time;

“exit day” has the meaning given in section 20 of the European Union (Withdrawal) Act 2018;”;

(c) after the definition of “standard operator’s licence”, insert—

““UK licence for the Community” means a licence issued under Article 4 of Regulation 1072/2009,”.

(3) In regulation 4, after “Community licence” insert “etc.”.

(4) In regulation 5(1)(a), for “Community licence” substitute “UK licence for the Community”.

(5) In regulation 6—

(a) in the heading and in paragraph (1) for “Community licence” substitute “UK licence for the Community”;

(b) for paragraph (2), substitute—

“(2) On and after exit day a Community licence issued by a competent authority referred to in regulation 5 is treated as a UK licence for the Community.”;

(c) for paragraph (3), substitute—

“(3) Subject to regulation 12(1) (supply of information), the holder of a UK licence for the Community is entitled to be issued with a driver attestation if the holder complies with the requirements of Article 5(1A) of Regulation 1072/2009.

(4) On and after exit day any driver attestation issued by the Secretary of State under the provisions of Article 5(1) of Regulation (EC) No 1072/2009(4) of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market is treated as a driver attestation for the purposes of Article 5(1A) of Regulation (EC) No 1072/2009.”.

(6) In regulation 7—

(a) in the heading, for “Community licence” substitute “UK licence for the Community”;

(b) in paragraph (1)—

(i) for each occurrence of “Community licence” substitute “UK licence for the Community”; and

(ii) after “Great Britain of” omit “Community”;

(c) in paragraph (2), for “Community licence” substitute “UK licence for the Community” and for “competent authority” substitute “Secretary of State”.

(7) In regulation 8, for each occurrence of “Community licence” substitute “UK licence for the Community”.

(8) In regulation 12—

(a) for each occurrence of “Community licence” substitute “UK licence for the Community”;

(b) for each occurrence of “competent authority” and “authority” substitute “relevant authority”; and

(c) after paragraph (3), insert—

“(4) In this regulation “relevant authority” means—

(a) the competent authority in relation to a UK licence for the community;

(b) the Secretary of State in relation to any driver attestation.”.

(9) In regulation 13(1), before “Community licence” insert “UK licence for the Community or a”.

(10) In regulation 14, in the heading and in paragraph (1), for “Community licence” substitute “UK licence for the Community”.

Commencement Information

I1 Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1(1)

(1)

S.I. 2011/2633.

(2)

OJ No. L 300, 14.11.2009, p. 72.

(3)

OJ No. L 300, 14.11.2009, p. 72.

(4)

OJ No. L 300, 14.11.2009, p. 72.