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The Heavy Goods Vehicles (Charging for the Use of Certain Infrastructure on the Trans-European Road Network) Regulations 2009

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Power to vary rates of tolls for projects of high European interest

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8.—(1) Subject to paragraphs (2) and (3), in relation to a section of infrastructure comprising a specific project of high European interest, the responsible person may vary the rates of the toll for the purpose of securing the commercial viability of the project.

(2) The rates may only be varied in accordance with paragraph (1) if the variation is in accordance with paragraphs (3) to (7) of regulation 5 and the resulting charging structure for the toll complies with the following conditions—

(a)it is linear,

(b)it is proportionate,

(c)it is openly published,

(d)it is available to all users on equal terms, and

(e)it does not lead to additional costs being passed to other users of the infrastructure in question in the form of higher tolls.

(3) If the responsible person is not an appropriate national authority, the responsible person must notify the appropriate national authority of the intention to vary in accordance with this regulation.

(4) If the responsible person notifies the appropriate national authority under paragraph (3), or if the responsible person is an appropriate national authority, the appropriate national authority must notify the European Commission of the intention to vary in accordance with this regulation.

(5) The operator must not implement the variation before the operator has been notified by the responsible person that the European Commission has confirmed that the variation complies with the conditions referred to in paragraph (2).

(6) The power to vary the rates of a toll for the purpose set out in paragraph (1) is in addition to the power to vary the rates for a purpose set out in regulation 5(2).

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