PART 3REQUIREMENTS RELATING TO THE LEVYING AND COLLECTION OF A TOLL OR USER CHARGE

Reductions and exemptions13

1

Subject to paragraphs (3) and (4), if an operator is authorised under an enactment to make a reduction in a toll or user charge to be levied in respect of an HGV, or to make an exemption from the obligation to pay a toll or user charge in respect of an HGV, the operator may only make a reduction or grant an exemption if the HGV is within paragraph (2).

2

An HGV is within this paragraph if it—

a

is exempt from the requirement to install and use recording equipment under Council Regulation (EEC) No 3821/85 of 20th December 1985 on recording equipment in road transport7,

b

is used for national or civil defence purposes, by fire or other emergency services or the police, or is used for road maintenance, or

c

travels only occasionally on public roads in the Member State where it is registered and is used by persons whose main occupation is not the carriage of goods.

3

In respect of an HGV within paragraph (2)(c), a reduction may only be made or an exemption granted where—

a

the transport operations carried out by the HGV do not cause distortions of competition, and

b

the European Commission’s agreement to the reduction or exemption has been obtained.

4

This regulation does not apply in relation to a reduction in a toll to be levied in respect of an HGV used by a frequent user.