The TCA obliges the United Kingdom, from 21st May 2022, to license a person who carries goods to the European Union for hire or reward using a goods vehicle exceeding 2.5 tonnes in mass when laden. Presently, under both the laws of England and Wales and Scotland and of Northern Ireland, a person is required to hold a licence for such a carriage only if the goods vehicle exceeds 3.5 tonnes in mass when laden.

Under the current laws, there are three types of “operator’s licence” that may be issued: restricted, standard-national and standard-international.

The principal effect of these Regulations is to allow for the same three types of operator’s licence to be issued, but in one of two categories. If an operator’s licence (of any type) authorises the use of one or more heavy goods vehicles, then it is a heavy goods vehicle licence (whether or not it also authorises the use of one or more light goods vehicles). If an operator’s licence authorises the use of one or more light goods vehicles, but no heavy goods vehicle, then it is a light goods vehicle licence.

The amendments define a “heavy goods vehicle” as a goods vehicle exceeding 3.5 tonnes when laden and a “light goods vehicle” as a goods vehicle not exceeding 3.5 tonnes when laden.

After the commencement of the Regulations, a pre-existing operator’s licence becomes a heavy goods vehicle licence and may be varied (on application) to authorise one or more light goods vehicles, for example, if it does not already authorise a sufficient number of goods vehicles.

A light goods vehicle licence is available to any person who uses only light goods vehicles for the carriage of goods. A standard-international light goods vehicle licence is sufficient for a person who is obligated after 11 p.m. on 20th May 2022 to hold an operator’s licence to use a light goods vehicle for the carriage of goods for hire or reward outside the United Kingdom. No person is obligated to hold a light goods vehicle licence (of any type) for any other reason.

These Regulations amend the laws referred to below also to implement further licensing obligations under the TCA, to consolidate laws, and to omit redundant provisions.

Part 2 amends Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator and repealing Council Directive 96/26/EC (EUR 2009/1071; “EUR 2009/1071”).

The amendments are consequential on the amendments made to the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) by Part 6, the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2 (N.I.)) by Part 10 and the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.I. 2012/257 (N.I.)) by Part 12.

Part 3 amends Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market (EUR 2009/1072; “EUR 2009/1072”).

The amendment to Article 1 of EUR 2009/1072, which comes into force at 11 p.m. on 20th May 2022, implements Article 463(1) to (3) of the TCA.

Article 463(1) to (3) obligates the United Kingdom to require a driver of a vehicle exceeding 2.5 tonnes when laden that is being used in the United Kingdom for hire or reward as part of an international carriage of goods to carry a UK Licence for the Community or a Community licence.

The amendment to Article 8 clarifies that a driver who works for a holder of a Community licence, but who is not a national of the United Kingdom or a member State, must hold an EU driver attestation.

The terms “vehicle”, “driver”, “international carriage”, “UK Licence for the Community”, “Community licence” and “EU driver attestation” are defined in Article 2 of EUR 2009/1072.

Part 4 amends the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708) to remedy its extent provision.

The effect of Part 4 is that amendments to a law of England and Wales and Scotland cease to extend to Northern Ireland and amendments to a law of Northern Ireland cease to extend to England and Wales and Scotland.

Part 5 amends the Road Transport Operator Regulations 2011 (S.I. 2011/2632).

The amendments omit provisions that are redundant following amendments to EUR 2009/1071 made by the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/708) and Part 2 of these Regulations.

Part 6 amends the Goods Vehicles (Licensing of Operators) Act 1995 (c. 23); “the 1995 Act”).

In summary, the amendments:

• implement Article 464(d) of the TCA, with the effect that, under the law of England and Wales and Scotland, only the holder of a standard-international operator’s licence may, at or after 11 p.m. on 21st May 2022, carry goods outside the United Kingdom for hire or reward using a goods vehicle that has a maximum laden weight exceeding 2.5 tonnes;

• functionally separate operator’s licences into “heavy goods vehicle licence” and “light goods vehicle licence” categories;

• provide discretion for a traffic commissioner to have regard to the obligations of the United Kingdom under the TCA in exercising any relevant functions under the 1995 Act;

• implement the obligations under Article 5(b) and (c) of Section 1 of Part A of Annex 31 to the TCA by making it an explicit requirement of a standard licence that its holder is subject to tax on revenues, has a value added tax number and, if a company, is a registered company;

• re-implement obligations under Articles 459 to 464 of, and Section 1 of Part A of Annex 31 to, the TCA to consolidate parallel provisions in EUR 2009/1071;

• provide for pre-existing operators’ licences to be treated as heavy goods vehicle licences;

• allow an operator requiring a light goods vehicle licence to apply to the Secretary of State for a time-limited exemption from the requirement for an individual to be professionally competent if the individual has significant prior experience managing the use of light goods vehicles.

The terms “operator’s licence”, “goods vehicle”, “maximum laden weight”, “heavy goods vehicle licence”, “light goods vehicle licence”, “traffic commissioner” and “standard licence” are defined in section 58(1) of the 1995 Act (as amended by these Regulations).

Part 7 amends the Goods Vehicles (Licensing of Operators) Regulations 1995 (S.I. 1995/2869).

The amendments are consequential on the amendments made to the 1995 Act by Part 6.

Part 8 amends the Goods Vehicles (Licensing of Operators) (Fees) Regulations 1995 (S.I. 1995/3000).

The amendments ensure the existing fees framework applies to the issuing of an operator’s licence under which the use of a light goods vehicles is authorised.

Part 9 amends the Goods Vehicles (Community Licences) Regulations 2011 (S.I. 2011/2633).

The amendments are consequential on the amendments to EUR 2009/1071 made by the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019.

Part 10 amends the Goods Vehicles (Licensing of Operators) Act (Northern Ireland) 2010 (c. 2 (N.I.); “the 2010 Act”).

In summary, the amendments:

• implement Article 464(d) of the TCA, with the effect that, under the law of Northern Ireland, only the holder of a standard-international operator’s licence may, at or after 11 p.m. on 21st May 2022, carry goods outside the United Kingdom for hire or reward using a goods vehicle that has a relevant plated weight exceeding 2.5 tonnes, but does not form part of a vehicle combination;

• functionally separate operator’s licences into “heavy goods vehicle licence” and “light goods vehicle licence” categories;

• re-implement obligations under Articles 459 to 464 of, and Section 1 of Part A of Annex 31 to, the TCA to consolidate parallel provisions in EUR 2009/1071;

• provide for pre-existing operators’ licences to be treated as heavy goods vehicle licences.

The terms “operator’s licence”, “goods vehicle”, “relevant plated weight”, “vehicle combination”, “heavy goods vehicle licence” and “light goods vehicle licence” are defined in section 58(1) of the 2010 Act (as amended by these Regulations).

Part 11 amends the Goods Vehicles (Licensing of Operators) (Exemption) Regulations (Northern Ireland) 2012 (S.I. 2012/256 (N.I.)).

The amendments implement Article 464(d) of the TCA in relation to a goods vehicle forming part of a vehicle combination that has a relevant plated weight exceeding 2.5 tonnes. An amendment also removes redundant words in the Schedule.

Part 12 amends the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 (S.I. 2012/257 (N.I.)).

In summary, the amendments:

• are consequential on the amendments made to the 2010 Act by Part 10;

• implement the obligations under Article 5(b) and (c) of Section 1 of Part A of Annex 31 to the TCA by making it an explicit requirement of a standard licence that its holder is subject to tax on revenues, has a value added tax number and, if a company, is a registered company;

• re-implement obligations under Articles 459 to 464 of, and Section 1 of Part A of Annex 31 to, the TCA to consolidate parallel provisions in EUR 2009/1071;

• allow an operator requiring a light goods vehicle licence to apply to the Department for Infrastructure for a time-limited exemption from the requirement for an individual to be professionally competent if the individual has significant prior experience managing the use of light goods vehicles.

Part 13 amends the Goods Vehicles (Licensing of Operators) Regulations (Northern Ireland) 2012 (S.I. 2012/261 (N.I.)).

The amendments are consequential on the amendments made to the 2010 Act by Part 10 and to the Goods Vehicles (Qualifications of Operators) Regulations (Northern Ireland) 2012 by Part 12.

Part 14 amends the Goods Vehicles (Community Licence) Regulations (Northern Ireland) 2013 (S.I. 2013/115 (N.I.)).

The amendments are consequential on the amendments to EUR 2009/1071 made under the Licensing of Operators and International Road Haulage (Amendment etc.) (EU Exit) Regulations 2019.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.

A copy of the Explanatory Memorandum is published alongside this instrument at https://www.legislation.gov.uk/.