The International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2009

Statutory Instruments

2009 No. 856

Road Traffic

The International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2009

Made

2nd April 2009

Laid before Parliament

8th April 2009

Coming into force

3rd May 2009

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973(1) and by virtue of the Department of Transport (Fees) Order 1988(2).

In relation to the exercise of his powers under the Finance Act 1973 he has the consent of the Treasury.

Citation and commencement

1.  These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2009 and come into force on 3rd May 2009.

Increases in fees

2.—(1) The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988(3) are amended as follows.

(2) In the regulations specified in column (1) of the Table, for each amount specified in column (2) substitute the amount specified in column (3).

Table

(1)	(2)	(3)
Regulation	Existing Amount (£)	Substituted Amount (£)
3(a)	91	99
3(b)	91	99
3A	26	28
4(2)	46	50
5(2)	91	99
6	13	14

Signed by authority of the Secretary of State

Jim Fitzpatrick

Parliamentary Under Secretary of State

Department for Transport

2nd April 2009

We consent to the making of these Regulations

Bob Blizzard

Steve McCabe

Two of the Lords Commissioners of Her Majesty’s Treasury

30th March 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 (“the 1988 Regulations”). The 1988 Regulations prescribe the fees payable in connection with the issue of special certificates of approval for vehicles used to carry dangerous goods, in pursuance of the European Agreement Concerning the International Carriage of Dangerous Goods by Road (ADR). An “ADR certificate” is a special certificate of approval as defined in regulation 2 of the 1988 Regulations. “ADR” is short for “Accord Européen Relatif au Transport International des Marchandises Dangereuses par Route”.

Regulation 2 increases the fees prescribed by the 1988 Regulations where an application is made for an ADR certificate. The increased fees are set out in the Table below (with the percentage increase since the fees were last fixed shown in brackets).

Table

Nature of service	Existing fee (£)	Substituted fee (£)
The inspection in relation to an application for an ADR certificate where the inspection is carried out on the same day as an examination under the Goods Vehicles (Plating and Testing) Regulations 1988.	91	99 (8.8%)
The inspection in relation to an application for an ADR certificate in any other case (to be paid together with the amount payable in respect of an examination under the Goods Vehicles (Plating and Testing) Regulations 1988).	91	99 (8.8%)
Where an application is made for a first ADR certificate in respect of a tractor for a semi trailer, and an inspection of the tractor is waived.	26	28 (7.7%)
Where a vehicle fails to pass an inspection and arrangements are made for a further inspection to be carried out not more than 14 days after the first inspection.	46	50 (8.7%)
Where the inspection in relation to an application for an ADR certificate is not arranged to be carried out on the same day as an examination under the Goods Vehicles (Plating and Testing) Regulations 1988, but is in fact carried out on the same day.	91	99 (8.8%)
The issue of a copy of an ADR certificate which has been lost or destroyed.	13	14(7.7%)

An impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the VOSA Corporate Office, Berkeley House, Croydon Street, Bristol BS5 0DA (telephone: [phone]). A copy has been placed in the library of each House of Parliament. The impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website www.opsi.gov.uk.

(1)

1973 c. 51.

(2)

S.I. 1988/643. The relevant entry in S.I. 1988/643 is in Schedule 1, Table II, item C.

(3)

S.I. 1988/370, amended by S.I. 1991/458, 1992/714, 1993/3067, 1997/158, 2001/1812, 2002/537, 2003/1811, 2004/1884, 2005/2456, 2007/634 and 2008/1578.