Reductions and exemptions
13.—(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 transport(1),
(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.
O.J. L 370, 31.12.1985, p. 8; as amended by Commission Regulation (EC) No 432/2004 (O.J. L 71, 10.3.2004, p. 3)