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.