The Drivers’ Hours and Tachographs (Amendment) (EU Exit) (No. 2) Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision in exercise of the powers in section 8(1) of, and Schedule 7 paragraph 21 to, the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures in Northern Ireland primary and secondary legislation relating to drivers’ hours and tachographs to operate effectively (in particular under section 8(2)(a), (b), (c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

Part 1 of the Regulations contains introductory provisions. Part 2 amends Northern Ireland primary legislation, and Part 3 amends Northern Ireland secondary legislation. This legislation was enacted to implement the EU Drivers’ Hours Regulation (Regulation (EC) No 561/2006) and the EU Tachographs Regulation (Regulation (EU) No 165/2014). These EU Regulations become retained EU law under the EU Withdrawal Act and are amended for the whole of the UK in the Drivers’ Hours and Tachographs (Amendment etc.) (EU Exit) Regulations 2019. Those Regulations also contain amendments under section 2(2) of the European Communities Act 1972 (c. 68) (“the ECA”). Equivalent amendments to Northern Ireland legislation are made under the ECA in the Drivers’ Hours and Tachographs (Amendment) Regulations (Northern Ireland) 2019 (S.R. 2019 No. 12).

These Regulations also make provision in exercise of the powers in sections 4(1) and (2) of the Haulage Permits and Trailer Registration Act 2018 (c. 19). The International Road Transport Permits (EU Exit) Regulations 2018 (“the Permits Regulations”) prohibit an operator from using a goods vehicle registered in the UK for transporting goods on an international journey to, in or through a relevant country or relevant member State without an international road transport permit (“permit”) and require that permit to be carried on the vehicle. The Permits Regulations set out the administrative provisions for applying for and granting a permit; how such applications will be determined; and the information that must be included in a permit. They also set out the circumstances in which a permit may be cancelled, provide for appeals and enable fees to be charged.

Part 4 of these Regulations amend the Permits Regulations to correct an error in regulation 28(2) of those Regulations. The time-limit for making an appeal of 20 working days from the day on which the operator was notified of the decision to cancel a permit is amended so that it applies in respect of appeals to a traffic commissioner in Great Britain. The time-limit for making an appeal to the Upper Tribunal is set out in rule 23 of the Tribunal Procedure (Upper Tribunal) Rules 2008(1).

The Regulations also amend the Permits Regulations to allow a traffic commissioner to extend the period of time in which an appellant must be informed of the outcome of an appeal, where the traffic commissioner considers it is appropriate to ensure that the appeal is dealt with fairly and justly.

An impact assessment for the Permits Regulations has been produced by the Department for Transport, and is published alongside that instrument on www.legislation.gov.uk. The amendments to the Permits Regulations do not affect the costs as set out in that impact assessment.

An impact assessment has not been produced in relation to Parts 2 and 3 of this instrument as no significant impact in the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.

(1)

S.I. 2008/2698. Rule 23 was amended by S.I. 2009/1975, 2010/44, 2012/1363, 2015/1510, 2017/723.