The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1990

Statutory Instruments

1990 No. 1191

ROAD TRAFFIC

The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1990

Made

6th June 1990

Laid before Parliament

8th June 1990

Coming into force

1st July 1990

The Secretary of State for Transport in exercise of the powers conferred by section 91(1), (4) and (5) of the Transport Act 1968(1) and all other enabling powers, and after consultation with representative organisations in accordance with section 91(8) of that Act, hereby makes the following Regulations:—

1.  These Regulations may be cited as the Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) (Amendment) Regulations 1990 and shall come into force on 1st July 1990.

2.  The Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980(2) shall be amended—

(a) in paragraph (1) of regulation 3

(i) by insertion after the definition of “the Act” of the following definition:—

““Community cabotage authorisation” means an authorisation granted pursuant to Council Regulation (EEC) No. 4059/89 of 21 December 1989 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State(3)”;

(ii) by the insertion at the end of paragraph (c) of the definition of “foreign goods vehicle” of the following words “except under a Community cabotage authorisation”;

(iii) by the deletion of paragraph (c) of the definition of “Northern Ireland goods vehicle”; and

(b) by the insertion of (1) at the beginning of regulation 4 (Exemptions for Northern Ireland and foreign goods vehicles used for certain purposes) so that that regulation becomes paragraph (1) and by the insertion after that paragraph of the following paragraph:—

“(2) Section 60(1) of the Act shall not apply to the use in Great Britain of a Northern Ireland goods vehicle for the carriage of goods loaded at one place in Great Britain and delivered at another place in Great Britain”; and

(c) by the insertion after regulation 6 of the following regulation:—

“Exemption for foreign goods vehicles with Community cabotage authorisations

6A.   Notwithstanding anything in Regulations 7 to 33, section 60(1) of the Act shall not apply to the use in Great Britain of a foreign goods vehicle for the carriage of goods for hire or reward loaded at one place in Great Britain and delivered at another place in Great Britain if the vehicle is being so used by virtue of a Community cabotage authorisation and the authorisation is carried on the vehicle or, if the vehicle is a trailer, on the motor vehicle of which it is drawn”.

Signed by authority of the Secretary of State for Transport

Robert Atkins

Parliamentary Under Secretary of State,

Department of Transport

6th June 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amendthe Goods Vehicles (Operators' Licences) (Temporary Use in Great Britain) Regulations 1980 to implement Council Regulation (EEC) No. 4059/89 of 21 December 1989 laying down conditions under which non-resident carriers may operate national road haulage services within a Member State. They enable foreign goods vehicles (as defined in Regulation 3 of the 1980 Regulation) to be used for the carriage of goods between places in Great Britain under an authorisation granted pursuant to that Regulation. The Regulations also enable Northern Irelandgoods vehicles (as so defined) to be used for such carriage without an authorisation.

(1)

1968 c. 73.

(2)

S.I. 1980/637; there are no relevant amending instruments.

(3)

O.J. No. L390, 30.12.89, page 3.